[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18392-18400]
[FR Doc No: 2014-07215]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0004]

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 66 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 May 1, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management

System (FDMS) Docket No. FMCSA-2014-0004 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 66 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

Britton J. Anderson

    Mr. Anderson, age 22, has had amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2014, his optometrist stated,
``I certify this individual has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Anderson
reported that he has driven straight trucks for 3 years, accumulating
8,190 miles, and tractor-trailer combinations for 3 years, accumulating
19,110 miles. He holds a Class A commercial driver's license (CDL) from
Kansas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Rodney R. Anderson

    Mr. Anderson, 58, has had a central scar in his right eye since
1974. The visual acuity in his right eye is 20/400, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated,
``Mr. Anderson has sufficient vision to drive commercial vehicles.''
Mr. Anderson reported that he has driven tractor-trailer combinations
for 40 years, accumulating 5.6 million 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.

Kenneth R. Anselm

    Mr. Anselm, 66, has had ocular histoplasmosis in his right eye
since 1993. The visual acuity in his right eye is 20/70, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
stated, ``It is my medical opinion that Mr. Kenneth Anselm has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Anselm reported that he has driven straight
trucks for 30 years, accumulating 750,000 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.

James E. Baker

    Mr. Baker, 49, has a prosthetic right eye due to a traumatic
incident in 1999. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2013, his optometrist stated, ``I feel that this patient can visually
operate a commercial vehicle safely.'' Mr. Baker reported that he has
driven tractor-trailer combinations for 15 years, accumulating 1.65
million miles. He holds a Class A CDL from Ohio. His driving record for
the last 3 years shows 1 crash, for which he was not cited, and 1
conviction for a moving violation in a CMV; he exceeded the posted
speed limit.

Alphonso A. Barco

    Mr. Barco, 41, has had a corneal scar 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 2014, his optometrist stated,
``In my professional opinion Mr. Barco has sufficient vision to operate
a commercial vehicle.'' Mr. Barco reported that he has driven straight
trucks for 5 years, accumulating 150,000 miles. He holds a Class B CDL
from South Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Aaron D. Barnett

    Mr. Barnett, 37, has had strabismic 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 stated,
``In my medical opinion, Aaron has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Barnett
reported that he has driven straight trucks for 7 years, accumulating
102,200 miles, and tractor-trailer combinations for 7 years,
accumulating 14,000 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.

Daniel W. Bobb

    Mr. Bobb, 38, has had a corneal ulcer in his left eye since 2001.
The visual

acuity in his right eye is 20/20, and in his left eye, 20/100.
Following an examination in 2013, his ophthalmologist stated, ``In my
medical opinion, there is sufficient vision to operate a commercial
vehicle from here to California and back without any limits other than
imposed by the D.O.T. [sic] for sleep.'' Mr. Bobb reported that he has
driven straight trucks for 12 years, accumulating 24,000 miles,
tractor-trailer combinations for 12 years, accumulating 600,000 miles,
and buses for 5 years, accumulating 75,000 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.

Anatoliy A. Bogdanets

    Mr. Bogdanets, 55, has had lens opacity in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, hand motion. Following an examination in 2013, his optometrist
stated, ``Vision Loss [sic] OS should not impair ability to drive with
a [sic] commercial vehicle safely.'' Mr. Bogdanets reported that he has
driven tractor-trailer combinations for 2.5 years, accumulating 540,000
miles. He holds a Class A CDL from Oregon. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Stanley R. Cap

    Mr. Cap, 78, has had a macular scar in his right eye since 2005.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
30. Following an examination in 2013, his optometrist stated, ``I
certify that, in my medical opinion, this patient has sufficient vision
to operate a commercial motor vehicle.'' Mr. Cap reported that he has
driven straight trucks for 10 years, accumulating 200,000 miles, and
tractor-trailer combinations for 60 years, accumulating 1.5 million
miles. He holds a Class A CDL from South Dakota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Louis Castro

    Mr. Castro, 33, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/50, and in his left eye, 20/15.
Following an examination in 2014, his optometrist stated, ``Vision is
sufficient to perform CMV driving task day and night.'' Mr. Castro
reported that he has driven straight trucks for 8 years, accumulating
108,000 miles, and tractor-trailer combinations for 1 year,
accumulating 12,000 miles. He holds a Class A CDL from Montana. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

David F. Cialdea

    Mr. Cialdea, 55, has a cataract in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/25, and
in his left eye, no light perception. Following an examination in 2013,
his ophthalmologist stated, ``Mr. David Cialdea had trauma to his left
eye resulting in a traumatic cataract . . . I see no reason in my
medical opinion that he could not operate a commercial vehicle.'' Mr.
Cialdea reported that he has driven straight trucks for 40 years,
accumulating 700,000 miles, and tractor-trailer combinations for 2
years, accumulating 2,000 miles. He holds a Class A CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Bobby E. Collins

    Mr. Collins, 51, 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 2013, his ophthalmologist
stated, ``I certify the Mr. Collins has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Collins reported that he has driven straight trucks for 5 years,
accumulating 175,000 miles, and tractor-trailer combinations for 5
years, accumulating 250,000 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.

Michael T. Craddock

    Mr. Craddock, 52, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/300, and in his left eye, 20/
20. Following an examination in 2013, his optometrist stated, ``Pt
[sic] is not color blind and in my opinion, should be able to drive a
commercial vehicle safely.'' Mr. Craddock reported that he has driven
tractor-trailer combinations for 1 year, accumulating 120,000 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.

Eric C. Dettrey

    Mr. Dettrey, 49, has a prosthetic left eye due to a traumatic
incident in 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 stated, ``Eric has excellent correctable vision in his
right eye, sufficient to operate a commercial vehicle.'' Mr. Dettrey
reported that he has driven straight trucks for 26 years, accumulating
26,000 miles, and tractor-trailer combinations for 26 years,
accumulating 26,000 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.

Dean E. Dexter

    Mr. Dexter, 71, has had amblyopia 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 2014, his optometrist stated, ``It is
my opinion Mr. Dexter has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Dexter reported
that he has driven tractor-trailer combinations for 40 years,
accumulating 5 million miles. He holds a Class A3 CDL from South
Dakota. 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 6 mph.

Blaine R. Dickman

    Mr. Dickman, 57, 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
stated that Mr. Dickman's condition will not affect his ability to
drive a motor vehicle safely and the he should be issued a commercial
medical waiver and be permitted to drive a commercial motor vehicle on
an intrastate basis. Mr. Dickman reported that he has driven buses for
15 years, accumulating 82,500 miles. He holds a Class B CDL from
Nevada. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

David C. Dockery

    Mr. Dockery, 49, has had a macular scar in his left eye since 2000.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2014, his ophthalmologist
stated, ``Mr. Dockery has a visual acuity of 20/20 in the right eye and
count [sic] fingers at one foot in the left eye . . . I believe he is
safe to operate a commercial vehicle.'' Mr. Dockery reported that he
has driven tractor-trailer combinations for 24 years, accumulating 1.8
million 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.

Timothy C. Dotson

    Mr. Dotson, 46, has a prosthetic left eye due to a traumatic
incident in 1998. 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 stated, ``It is my opinion that Mr. Dotson possesses
adequate vision to operate a commercial motor vehicle safely.'' Mr.
Dotson reported that he has driven tractor-trailer combinations for 28
years, accumulating 3.08 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.

Barent H. Eliason

    Mr. Eliason, 44, has a macular scar in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, 20/200. Following an examination in
2013, his optometrist stated, ``He is able in my opinion to operate and
maintain a commercial vehicle, and perform the driving tasks
required.'' Mr. Eliason reported that he has driven straight trucks for
23 years, accumulating 402,500 miles, and tractor-trailer combinations
for 23 years, accumulating 276,000 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.

Peter D. J. Ensor

    Mr. Ensor, 71, has had congenital amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/25, and in his left
eye, 20/400. Following an examination in 2014, his optometrist stated,
``I, Dr. Nguyen Ly, certifies [sic] Peter Ensor has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ensor reported that he has driven straight trucks for 53
years, accumulating 424,000 miles. He holds an operator's license from
Maryland. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Paul W. Fettig

    Mr. Fettig, 39, has had optic nerve damage in his right eye since
childhood. The visual acuity in his right eye is hand motion, and in
his left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``Based on my examination on 2/10/2014, it is my opinion that
Mr. Fettig's optic nerve damage is stable. . .In my professional
opinion, I feel the Mr. Fettig is fully capable of safely operating a
commercial vehicle.'' Mr. Fettig reported that he has driven straight
trucks for 17 years, accumulating 850,000 miles. He holds a Class B CDL
from South Dakota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Roger L. Frazier

    Mr. Frazier, 50, has a macular scar 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, 20/70. Following an examination in 2014, his
ophthalmologist stated, ``Roger Frazier is currently a patient at
Graystone Eye. He has a history significant for a macular scar from
multiple retinal surgeries of the left eye. . .It is my medical opinion
that he should still be able to maintain a commercial drivers' [sic]
license.'' Mr. Frazier reported that he has driven straight trucks for
14 years, accumulating 126,000 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.

Joey W. Freeman

    Mr. Freeman, 52, 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/
50. Following an examination in 2013, his optometrist stated, ``In my
professional opinion Mr. Freeman has sufficient vision to operate a
commercial vehicle.'' Mr. Freeman reported that he has driven straight
trucks for 40 years, accumulating 400,000 miles. He holds an operator's
license from Arkansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Kevin L. Fritz

    Mr. Fritz, 35, has had a macular scar in his left eye since
childhood. The visual acuity in his right eye is 20/15, and in his left
eye, 20/100. Following an examination in 2013, his optometrist stated,
``In my opinion, Kevin has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Fritz reported
that he has driven straight trucks for 15 years, accumulating 120,000
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.

Grant G. Gibson

    Mr. Gibson, 42, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, counting
fingers. Following an examination in 2013, his optometrist stated, ``In
my opinion, Mr. Gibson has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Gibson reported
that he has driven straight trucks for 9 years, accumulating 304,200
miles. He holds a Class B CDL from Minnesota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Danny J. Goss

    Mr. Goss, 54, has complete loss of vision in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, light perception. Following an
examination in 2013, his optometrist stated, ``I certify that, in my
medical opinion, this patient has sufficient vision to operate a
commercial motor vehicle.'' Mr. Goss reported that he has driven
straight trucks for 35 years, accumulating 70,000 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.

Todd C. Grider

    Mr. Grider, 33, has a prosthetic right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2013, his optometrist stated, ``In my professional medical opinion Mr.
Grider meets the visual requirements needed to perform driving tasks
required to operate a commercial vehicle.'' Mr. Grider reported that he
has driven straight trucks for 8 years, accumulating 344,000 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.

James P. Griffin

    Mr. Griffin, 67, has optic nerve damage in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/60, and in his left eye, 20/20. Following an examination in 2013,
his optometrist stated, ``In my professional opinion, Mr. Griffin has
more than sufficient vision to operate a commercial vehicle as he has
done safely for 10 years.'' Mr. Griffin reported that he has driven
straight trucks for 6.25 years, accumulating 390,625 miles, and
tractor-trailer combinations for 2 years,

accumulating 250,000 miles. He holds a Class A CDL from Washington. His
driving record for the last 3 years shows no crashes and 1 conviction
for a moving violation in a CMV; he was following another vehicle too
closely.

Dennis P. Hart

    Mr. Hart, 58, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/200, and in his left eye, 20/20.
Following an examination in 2013, his ophthalmologist stated, ``In my
opinion Mr. Hart is safe to operate a commercial vehicle with his
current level of vision.'' Mr. Hart reported that he has driven
straight trucks for 39 years, accumulating 39,000 miles, and tractor-
trailer combinations for 5 years, accumulating 1,500 miles. He holds a
Class A CDL from Oregon. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Kyle C. Holschlag

    Mr. Holschlag, 23, 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 2013, his optometrist stated,
``In my opinion, Mr. Holschlag has sufficient vision to perform all of
the driving and tasks required to operate a commercial vehicle.'' Mr.
Holschlag reported that he has driven straight trucks for 0.5 years,
accumulating 400 miles, tractor-trailer combinations for 3 years,
accumulating 15,000 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.

Michael T. Huso

    Mr. Huso, 52, has had a macular lesion in his right eye since 2006.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
25. Following an examination in 2014, his optometrist stated, ``In my
opinion Michael has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Huso reported that he
has driven straight trucks for 5 years, accumulating 300,000 miles,
tractor-trailer combinations for 27 years, accumulating 2.03 million
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.

Earl E. Kennedy III

    Mr. Kennedy, 39, has had congenital amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2013, his optometrist stated,
``In my medical opinion, Mr. Kennedy has sufficient vision to perform
the tasks required to operate a commercial vehicle.'' Mr. Kennedy
reported that he has driven straight trucks for 13 years, accumulating
19,500 miles, and tractor-trailer combinations for 13 years,
accumulating 32,500 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.

James D. Kessler

    Mr. Kessler, 49, has a corneal laceration in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/15. Following an examination
in 2014, his optometrist stated, ``From my examination with Jim
Kessler, it is my medical opinion that he has sufficient vision to
drive and operate a commercial vehicle.'' Mr. Kessler reported that he
has driven straight trucks for 35 years, accumulating 35,000 miles, and
tractor-trailer combinations for 18 years, accumulating 2.16 million
miles. He holds a Class A CDL from South Dakota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Eric W. Kopmann

    Mr. Kopmann, 29, has had scar tissue in his left eye since 2002.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
50. Following an examination in 2014, his optometrist stated, ``In my
opinion Eric has sufficient vision to operate a commercial vehicle.''
Mr. Kopmann reported that he has driven straight trucks for 4 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.

Robin D. Kurtz

    Mr. Kurtz, 52, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/70, and in his left eye, 20/25.
Following an examination in 2013, his optometrist stated, ``In my
opinion, Mr [sic] Robin D. Kurtz has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Kurtz
reported that he has driven straight trucks for 30 years, accumulating
2.4 million miles. He holds a Class A CDL from Connecticut. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Sherell J. Landry

    Mr. Landry, 65, has had refractive amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/80. Following an examination in 2013, his optometrist stated,
``As a result of our testing and evaluation, in my medical opinion Mr.
Landry has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Landry reported that he has driven
straight trucks for 6 months, accumulating 10,000 miles, and tractor-
trailer combinations for 20 years, accumulating 500,000 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.

George E. Lewis

    Mr. Lewis, 56, has had a macular scar in his right eye since the
1990s. The visual acuity in his right eye is 20/80, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
stated, ``I do believe this amount of vision would be sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Lewis reported that he has driven tractor-trailer combinations for
27 years, accumulating 3.375 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.

Ronald N. Lindgren

    Mr. Lindgren, 61, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/150, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
stated, ``PT [sic] is ok medically to operate a commercial motor
vehicle.'' Mr. Lindgren reported that he has driven straight trucks for
36.5 years, accumulating 912,500 miles, tractor-trailer combinations
for 5 years, accumulating 50,000 miles, and buses for 7 years,
accumulating 175,000 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.

James L. Maddox

    Mr. Maddox, 72, has complete loss of vision in his left eye due to
a traumatic incident in 1975. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an

examination in 2014, his optometrist stated, ``The patient has
sufficient vision in the right eye to perform the driving tasks
required to operate a commercial vehicle in my opinion.'' Mr. Maddox
reported that he has driven straight trucks for 10.5 years,
accumulating 147,000 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.

Robert P. Malarkey, Sr.

    Mr. Malarkey, 58, has had aphakia in his 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 ophthalmologist
stated, ``His vision should be sufficient to operate a commercial motor
vehicle but the final decision should be made by the Department of
Transportation.'' Mr. Malarkey reported that he has driven straight
trucks for 38 years, accumulating 950,000 miles. He holds a Class BM
CDL from New York. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Michael L. Manning

    Mr. Manning, 47, has had a total retinal detachment in his right
eye since childhood. The visual acuity in his right eye is no light
perception, and in his left eye, 20/25. Following an examination in
2014, his optometrist stated, ``In my medical opinion Michael will have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Manning reported that he has driven tractor-
trailer combinations for 25 years, accumulating 375,000 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.

Philip D. Mathys

    Mr. Mathys, 64, has amblyopia and central corneal scarring in his
right eye 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 stated, ``He has
a history of amblyopia since childhood in the right eye from an injury
and has lived with this deficit for 60 years. He should not have
problems operating a commercial vehicle.'' Mr. Mathys reported that he
has driven tractor-trailer combinations for 18 years, accumulating 1.22
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.

Rodney J. McMorran

    Mr. McMorran, 46, has had a cataract in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, light
perception. Following an examination in 2014, his optometrist stated,
``It is my understanding Mr. McMorran has demonstrated past
proficicency in driving commercially. Most people with congenital
vision loss will function much better for almost all vision tasks
compared to those that lose vision as adults. People that lose function
at an early age like Mr. McMorran adapt head positions and vision cues
that compensate for loss in visual field and binocularity. This
adaptation, in many cases, would allow them to function at a
satisfactory level for commercial driving.'' Mr. McMorran 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 A CDL from Iowa. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Johnny L. Meese

    Mr. Meese, 59, has complete loss of vision in his right eye due to
a traumatic incident in 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 stated, ``I believe that Mr. Meese
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Meese reported that he has driven straight
trucks for 20 years, accumulating 100,000 miles, and buses for 3.5
years, accumulating 44,450 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.

Corey L. Morman

    Mr. Morman, 43, has had a detached retina in his right eye since
2003. 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
stated, ``I certify that, in my opinion, Mr. Morman has adequate vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Morman reported that he has driven tractor-trailer
combinations for 6 years, accumulating 600,000 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.

Jaime P. Narte, Jr.

    Mr. Narte, 59, has had keratoconus in his left eye since 1983. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2013, his ophthalmologist stated, ``There
is no question that Mr. Norte [sic] has sufficient vision to operate a
commercial vehicle.'' Mr. Narte reported that he has driven tractor-
trailer combinations for 7 years, accumulating 350,000 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.

James M. Nohl

    Mr. Nohl, 47, has enucleation in his left eye due to a traumatic
incident in 2000. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2014,
his optometrist stated, ``With normal visual acuity and vision fields
OD, I feel he has sufficient vision to operate a commercial vehicle.''
Mr. Nohl reported that he has driven straight trucks for 4 years,
accumulating 187,200 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.

Thomas G. Ohlson

    Mr. Ohlson, 56, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/25, and in his left eye, 20/150.
Following an examination in 2014, his ophthalmologist stated,
``Although the left eye is amblyopic with a best corrected visual
acuity of 20/150, it still retains useful vision and contributes to his
peripheral vision that is consistent with a fully functioning normal
visual field. I would not hesitate to allow him to retain his status as
a commercial driver.'' Mr. Ohlson reported that he has driven straight
trucks for 11 years, accumulating 110,000 miles. He holds an operator's
license from New York. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Jason S. Otto

    Mr. Otto, 33, has had 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 2014, his optometrist stated, ``In my
medical opinion, the patient has sufficient visual capabilities to
perform the tasks required to operate a commercial vehicle.'' Mr. Otto
reported that he has driven straight trucks for 5.5 years, accumulating
41,250 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.

Nathan J. Price

    Mr. Price, 36, has a macular scar in his left eye due to a
traumatic incident that occurred in 2006. The visual acuity in his
right eye is 20/20, and in his left eye, 20/600. Following an
examination in 2014, his optometrist stated, ``Patient has sufficient
vision to perform the driving tasks required to operate a commerciail
[sic] vehicle and has sufficient color vision for traffic light
identification.'' Mr. Price reported that he has driven tractor-trailer
combinations for 1.7 years, accumulating 34,000 miles. He holds a Class
A CDL from Idaho. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Robert D. Reeder

    Mr. Reeder, 55, has had amblyopia secondary to strabismus in his
right eye since childhood. The visual acuity in his right eye is 5/400,
and in his left eye, 20/25. Following an examination in 2014, his
optometrist stated, ``In my opinion Mr. Reeder has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Reeder reported that he has driven tractor-trailer combinations for
9 years, accumulating 675,000 miles. He holds a Class CA CDL from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Ricky L. Rice

    Mr. Rice, 49, has complete loss of vision in his left eye due to a
traumatic incident in 1988. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2014, his optometrist stated that, in his medical opinion, Mr. Rice
does have sufficient vision to operate a commercial motor vehicle. Mr.
Rice reported that he has driven straight trucks for 7 years,
accumulating 612,500 miles, and tractor-trailer combinations for 15
years, accumulating 1.313 million 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.

Johnnie K. Richard

    Mr. Richard, 53, has had retinal scarring in his left eye due to a
traumatic incident in 1983. The visual acuity in his right eye is 20/
15, and in his left eye, 20/100. Following an examination in 2013, his
optometrist stated, ``It is my professional opinion that Mr. Richard
has sufficient vision to operate a commercial vehicle.'' Mr. Richard
reported that he has driven tractor-trailer combinations for 30 years,
accumulating 1.8 million miles. He holds a Class A CDL from Louisiana.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Jorge L. Y. Rivera

    Mr. Rivera, 28, has had exotropia with amblyopia and keratoconus 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 stated that, in his medical opinion, Mr. Rivera does have
sufficient vision to operate a commercial motor vehicle. Mr. Rivera
reported that he has driven straight trucks for 6 years, accumulating
30,000 miles, and tractor-trailer combinations for 1 year, accumulating
3,000 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.

Craig Robinson

    Mr. Robinson, 53, has a macular hole in his left eye due to a
traumatic incident in 1984. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2014, his
ophthalmologist stated, ``I, Carl Danzig, MD, state that in my best
medical opinion Craig Robinson has significant vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Robinson
reported that he has driven tractor-trailer combinations for 5 years,
accumulating 175,000 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.

Michael E. Schlachter

    Mr. Schlachter, 23, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
50. Following an examination in 2013, his optometrist stated, ``Mr.
Schlachter has sufficient vision and visual skills to safely operate a
commercial vehicle.'' Mr. Schlachter reported that he has driven
straight trucks for 1 year, accumulating 4,000 miles. He holds a Class
AM CDL from Wyoming. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Kenneth W. Sigl

    Mr. Sigl, 48, has had a macular hole, epiretinal membrane, and a
cataract in his left eye since 2006. The visual acuity in his right eye
is 20/20, and in his left eye, 20/70. Following an examination in 2013,
his ophthalmologist stated that, in his medical opinion, Mr. Sigl does
have sufficient vision to operate a commercial motor vehicle. Mr. Sigl
reported that he has driven straight trucks for 22 years, accumulating
110,000 miles. He holds a Class ABCDM CDL from Wisconsin. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Robert A. Simpson

    Mr. Simpson, 62, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2013, his optometrist stated, ``At this
time his best corrected visual acuities are 20/200 right eye and 20/20
left eye . . . Mr. Simpson states he has been driving commercially for
about 18 years accident free. Based solely on his solid driving record
and visual field results, I believe his vision should allow him to
continue along his career path.'' Mr. Simpson reported that he has
driven straight trucks for 18 years, accumulating 540,000 miles. He
holds a Class A CDL from Mississippi. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Jeffrey L. Singley

    Mr. Singley, 57, has had congenital retinal damage and coloboma 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 stated, ``In my opinion Mr. Singley has sufficient vision
to perform commercial driving tasks.'' Mr. Singley reported that he has
driven straight trucks for 3 years, accumulating 60,000 miles. He holds
an operator's license from Maryland. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Dennis Torrence

    Mr. Torrence, 52, has a central retinal artery occlusion in his
left eye since 2009. The visual acuity in his right eye is 20/20, and
in his left eye, 20/300. Following an examination in 2013, his
optometrist stated, ``I do not foresee any problems with him driving
commercially in regard to his visual status.'' Mr. Torrence reported
that he has driven straight trucks for 6 years, accumulating 240,000
miles, and

tractor-trailer combinations for 22 years, accumulating 2.2 million
miles. He holds a Class ABCD CDL from Wisconsin. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Julie J. Walsh

    Ms. Walsh, 40, has had a congenital cataract in her left eye since
birth. The visual acuity in her right eye is 20/20, and in her left
eye, light perception. Following an examination in 2013, her
optometrist stated, ``She is able to safely perform driving tasks with
her right eye vision.'' Ms. Walsh reported that she has driven straight
trucks for 1 year, accumulating 10,000 miles. She holds an operator's
license from North Dakota. Her driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Michael T. Wimber

    Mr. Wimber, 47, has glaucoma in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, hand motion. Following an examination in 2013, his
optometrist stated, ``In my medical option [sic] his vision is
sufficient to perform the driving tasks require [sic] to operate a
commercial vehicle.'' Mr. Wimber reported that he has driven straight
trucks for 7 years, accumulating 700,000 miles, and tractor-trailer
combinations for 7 years, accumulating 700,000 miles. He holds a Class
A CDL from Montana. His driving record for the last 3 years shows no
crashes and 1 conviction for a moving violation in a CMV; he exceeded
the speed limit by 10 mph.

Elmer F. Winters

    Mr. Winters, 65, has had amblyopia and retinoschisis 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 stated, ``In conclusion, Mr. Winters has an amblyopic left
eye that is well documented, retinoschisis that has also been well
documented, and I see no added risk of driving or operating a
commercial vehicle.'' Mr. Winters reported that he has driven straight
trucks for 10 years, accumulating 50,000 miles, and tractor-trailer
combinations for 38 years, accumulating 2.28 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.

Theodore R. Wolden

    Mr. Wolden, 38, has had congenital 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 2014, his optometrist stated,
``In summary, Mr. Wolden has myopia with astigmatism in both eyes with
mild, longstanding, stable central suppression in the left eye. He has
full field of view with both eyes and no limitation to his ability to
operate a commercial vehicle.'' Mr. Wolden reported that he has driven
straight trucks for 10 years, accumulating 250,000 miles, and tractor-
trailer combinations for 10 years, accumulating 250,000 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.

Eugene T. Wolf

    Mr. Wolf, 73, 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 2014, his optometrist stated, ``It is my
opinion, therefore, that Gene Wolf has sufficient vision to safely
perform the vision tasks required to continue to operate a commercial
vehicle.'' Mr. Wolf reported that he has driven tractor-trailer
combinations for 55 years, accumulating 6.4 million miles. He holds a
Class A CDL from Iowa. His driving record for the last 3 years shows 1
crash, for which he was cited, and 1 conviction for a moving violation
in a CMV; he exceeded the speed limit by 10 mph.

Duane R. Yoder

    Mr. Yoder, 28, has had amblyopia and anisometropia in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/60. Following an examination in 2013, his
ophthalmologist stated that, in his medical opinion, Mr. Yoder has
sufficient vision to operate a commercial motor vehicle. Mr. Yoder
reported that he has driven straight trucks for 5 years, accumulating
175,000 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.

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 May 1, 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-2014-0004 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-2014-0004 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: March 18, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-07215 Filed 3-31-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Notices]
[Page 51990]
[DOCID:fr24au10-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-80-000]

CenterPoint Energy--Illinois Gas Transmission Company; Notice of
Baseline Filing

August 17, 2010.
    Take notice that on August 12, 2010, the applicant listed above
submitted their baseline filing of its Statement of Operating
Conditions for services provided under section 311 of the Natural Gas
Policy Act of 1978 (NGPA).
    Any person desiring to participate in this rate proceeding must
file a motion to intervene, or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Tuesday, August 31, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-20931 Filed 8-23-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Rules and Regulations]
[Page 57436-57439]
[DOCID:fr29se06-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0480; FRL-8092-4]

Soybean Oil, Ethoxylated; Tolerance Exemption

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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SUMMARY:  This regulation establishes an exemption from the requirement
of a tolerance for residues of soybean oil, ethoxylated; when used as
an inert ingredient in a pesticide chemical formulation. Cognis
Corporation submitted a petition to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act
of 1996 (FQPA) requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of soybean oil, ethoxylated.

DATES:  This regulation is effective September 29, 2006. Objections and
requests for hearings must be received on or before November 28, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES:  EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0480. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Bipin Gandhi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing

Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0480 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before November 28, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0480, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of June 7, 2006 (71 FR 32953) (FRL-8071-3),
EPA issued a notice pursuant to section 408 of the FFDCA, 21 U.S.C.
346a, as amended by the FQPA (Public Law 104-170), announcing the
filing of a pesticide petition (PP) 6E7067 by Cognis Corporation, 4900
Este Ave., Cincinnati, OH 45232. The petition requested that 40 CFR
180.960 be amended by establishing an exemption from the requirement of
a tolerance for residues of soybean oil, ethoxylated; CAS Reg. No.
61791-23-9. That notice included a summary of the petition prepared by
the petitioner. There were no comments in response to the notice of
filing.
    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Section 408(b)(2)(C) of the FFDCA
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing an exemption
from the requirement of a tolerance and to ``ensure that there is a
reasonable certainty that no harm will result to infants and children
from aggregate exposure to the pesticide chemical residue...'' and
specifies factors EPA is to consider in establishing an exemption.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action and considered its validity, completeness and
reliability and the relationship of this information to human risk. EPA
has also considered available information concerning the variability of
the sensitivities of major identifiable subgroups of consumers,
including infants and children. In the case of certain chemical
substances that are defined as polymers, the Agency has established a
set of criteria to identify categories of polymers that should present
minimal or no risk. The definition of a polymer is given in 40 CFR
723.250(b). The following exclusion criteria for identifying these low
risk polymers are described in 40 CFR 723.250(d).
    1. The polymer, soybean oil, ethoxylated, is not a cationic polymer
nor is it reasonably anticipated to become a cationic polymer in a
natural aquatic environment.
    2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.

    Additionally, the polymer, soybean oil, ethoxylated, also meets as
required the following exemption criteria specified in 40 CFR
723.250(e).
    7. The polymer's number average molecular weight (MW) of 1,290 is
greater than 1,000 and less than 10,000 daltons. The polymer contains
less than 10% oligomeric material below MW 500 and less than 25%
oligomeric material below MW 1,000, and the polymer does not contain
any reactive functional groups.
    Thus, soybean oil, ethoxylated meet all the criteria for a polymer
to be considered low risk under 40 CFR 723.250. Based on its
conformance to the above criteria, no mammalian toxicity is anticipated
from dietary, inhalation, or dermal exposure to soybean oil,
ethoxylated.

V. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that soybean oil, ethoxylated could be
present in all raw and processed agricultural commodities and drinking
water, and that non-occupational non-dietary exposure was possible. The
number average MW of soybean oil, ethoxylated is 1,290 daltons.
Generally, a polymer of this size would be poorly absorbed through the
intact gastrointestinal tract or through intact human skin. Since
soybean oil, ethoxylated conform to the criteria that identify a low
risk polymer, there are no concerns for risks associated with any
potential exposure scenarios that are reasonably foreseeable. The
Agency has determined that a tolerance is not necessary to protect the
public health.

VI. Cumulative Effects

    Section 408 (b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance or tolerance
exemption, the Agency consider ``available information'' concerning the
cumulative effects of a particular chemical's residues and ``other
substances that have a common mechanism of toxicity.'' EPA does not
have, at this time, available data to determine whether soybean oil,
ethoxylated has a common mechanism of toxicity with other substances.
Unlike other pesticides for which EPA has followed a cumulative risk
approach based on a common mechanism of toxicity, EPA has not made a
common mechanism of toxicity finding as to soybean oil, ethoxylated and
any other substances and soybean oil, ethoxylated does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has not assumed that
soybean oil, ethoxylated has a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see the policy statements
released by EPA's Office of Pesticide Programs concerning common
mechanism determinations and procedures for cumulating effects from
substances found to have a common mechanism on EPA's website at http://www.epa.gov/pesticides/cumulative
.

VII. Additional Safety Factor for the Protection of Infants and
Children

    Section 408 of the FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of soybean oil, ethoxylated,
EPA has not used a safety factor analysis to assess the risk. For the
same reasons the additional tenfold safety factor is unnecessary.

VIII. Determination of Safety

    Based on the conformance to the criteria used to identify a low
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of soybean oil, ethoxylated.

IX. Other Considerations

A. Endocrine Disruptors

    There is no available evidence that soybean oil, ethoxylated is an
endocrine disruptor.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

C. International Tolerances

    The Agency is not aware of any country requiring a tolerance for
soybean oil, ethoxylated nor have any CODEX Maximum Residue Levels
(MRLs) been established for any food crops at this time.

X. Conclusion

    Accordingly, EPA finds that exempting residues of soybean oil,
ethoxylated from the requirement of a tolerance will be safe.

XI. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the tolerance
requirement under section 408(d) of the FFDCA in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of the FFDCA, such as the exemption in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input

by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this rule does not have any ``tribal implications''
as described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

XII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 25, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960 the table is amended by adding the following entry,
alphabetically, under ``polymers'' to read as follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

------------------------------------------------------------------------
                  Polymer                              CAS No.
------------------------------------------------------------------------
                                * * * * *
Soybean oil, ethoxylated; the               61791-23-9
 poly(oxyethylene) content averages 10
 moles or greater.
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 06-8384 Filed 9-28-06; 8:45 am]

BILLING CODE 6560-50-S