[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37866-37869]
[FR Doc No: 2019-16565]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9996-30-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support, Environmental Protection Agency
(EPA).

ACTION: Notice of modification of system of records.

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SUMMARY: The Environmental Protection Agency (EPA) is revamping and
renaming the Office of Criminal Enforcement Forensics and Training's
(OCEFT) recordkeeping system for criminal cases. The back-end
technology and user interface software are new, but the entirety of the
content of OCEFT's current system, EPA 17, Criminal Investigative Files
and Index, is being retained in the modified and renamed system. The
new name of the modified system EPA-17 is ``Online Criminal Enforcement
Activities Network (OCEAN).'' In addition, EPA is adding to the current
system contents, a category of records related to EPA Criminal
Investigation Division, National Capital Area Office (NCAO)'s,
protective service detail responsibilities regarding threat information
received by the Agency. The EPA-17 exemption from certain Privacy Act
provisions applies as well to this new category of threat information
records.

DATES: Persons wishing to comment on this system of records notice must
do so by September 3, 2019. New or Modified routine uses for this
modified system of records will be effective September 3, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No OMS-2019-
0094, by one of the following methods:
    Regulations.gov: www.regulations.gov Follow the online instructions
for submitting comments.
    Email<EMAIL_ADDRESS>    Fax:<PHONE_NUMBER>.
    Mail: OEI Docket, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OEI Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC. 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 No. OMS-2019-0094.
The EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Controlled
Unclassified Information (CUI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CUI or otherwise protected through www.regulations.gov.
The www.regulations.gov website is an ``anonymous access'' system for
EPA, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. Each
agency determines submission requirements within their own internal
processes and standards. EPA has no requirement of personal
information. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured 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, the EPA recommends that you include your
name and other contact information in the body of your comment. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the 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 the EPA's public docket visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which 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 in www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Eric Blank, Senior Technical
Information Specialist, Operations Branch, Criminal Investigations
Division, Office of Criminal Enforcement, Forensics and Training,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW (Mail Code
2232A), Washington, DC 20004<EMAIL_ADDRESS>(202-566-0656).

SUPPLEMENTARY INFORMATION: Purpose of recordkeeping system is to update
the backend technology, increase capacity to store and maintain large
documents (such as high definition photos and recordings), improve
user-interface, and manage criminal case and Protective Service Detail
records. The current system's software is out of date and requires
modernization to improve user friendliness and efficiency, and expanded
capacity, which the new software will provide. The current system's
record content will be managed by the modified system, but in addition
the modified system will contain records of and related to threats of
harm against senior EPA officials and their family members, received by
EPA and handled by OCEFT's Protect Services Detail (``PSD records'').
The purpose of the expanded record content is to provide a central and
accessible electronic recordkeeping location for such PSD records. The
purpose of the software update is to modernize and improve the current
electronic recordkeeping system, called the Criminal Investigative
Index and Files, or Case Reporting System (CCRS).
SYSTEM NAME AND NUMBER: EPA 17
    Online Criminal Enforcement Activities Network (OCEAN).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    EPA Office of Criminal Enforcement, Forensics and Training, 1200
Pennsylvania Avenue NW, Washington, DC 20004. Access to records is also
available to authorized EPA personnel

at the field offices of the OCEFT Criminal Investigation Division,
listed in the Appendix to this Notice.

SYSTEM MANAGER(S):
    Eric Blank, Senior Technical Information Specialist, Operations
Branch, Criminal Investigations Division, Office of Criminal
Enforcement, Forensics and Training, Environmental Protection Agency,
1200 Pennsylvania Ave. NW (Mail Code 2232A), Washington, DC 20004;
<EMAIL_ADDRESS>(202-566-0656)

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    18 U.S.C. 3063; Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9601 et seq.; Solid Waste Disposal Act
(a.k.a., Resource Conservation and Recovery Act), 42 U.S.C. 6901 et
seq.; Federal Water Pollution Control Act (a.k.a., Clean Water Act), 33
U.S.C. 1251 et seq.; Toxic Substances Control Act, 15 U.S.C. 2601 et
seq.; Clean Air Act, 42 U.S.C. 7401 et seq.; Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; Public Health
Service Act (a.k.a., Safe Drinking Water Act), 42 U.S.C. 300f et seq.;
Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C.
11001 et seq.; and the Marine Protection, Research, and Sanctuaries Act
of 1972 (a.k.a., Ocean Dumping Act), 33 U.S.C. 1401 et seq.; Crimes and
Criminal Procedure, 18 U.S.C. 1 et seq.

PURPOSE(S) OF THE SYSTEM:
    1. To support, further, and document the investigation of persons
or organizations alleged to have criminally violated any environmental
statute or regulation, or to have violated other federal statutes in
conjunction with such environmental violations.
    2. In addition, to facilitate protection of EPA's Administrator,
the system will include information on individuals or entities that
threaten physical harm to the EPA Administrator, other agency senior
officials, or their family members, in violation of federal criminal
statutes. All lead information on threats will be referred to the
Office of Inspector General (OIG), which is responsible for the
investigation of threats against EPA personnel.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. (a) Subjects of investigations about whom data has been
collected by criminal investigators of the Office of Criminal
Enforcement, Forensics and Training, Criminal Investigation Division,
and assembled in the form of investigative reports concerning
violations of federal criminal statutes; and (b) persons who have made
threats of physical harm to the EPA Administrator, other senior agency
officials, or their family members (this information will also be
referred to the Office of Inspector General).
    2. Persons who provide information and evidence used to
substantiate environmental criminal violations or threats of physical
harm to the EPA Administrator, other senior agency officials, or their
family members.
    3. OCEFT criminal investigators and other governmental personnel
who participate in investigations, such as EPA Regional Criminal
Enforcement Counsel (RCECs); Assistant U.S. Attorneys (AUSAs) and other
trial attorneys of the Department of Justice; federal criminal
investigators of partner federal agencies, such as the Federal Bureau
of Investigations (FBI); and criminal investigators or prosecutors of
partner state criminal law enforcement agencies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Investigative Case Management System. The Online Criminal
Enforcement Activities Network contains selected information from the
criminal investigative files. Such information includes, name, address,
telephone number; prior/secondary residences, vehicle information,
associated persons (name and role), driver's licenses/aliases,
associated companies (name and role), identifying numbers (number type,
number and brief description; including Social Security Number,
Passport number, Immigration ID number, US Marshall Service number,
State ID number, etc.), corporate data (company name, address,
telephone number), corporate vehicle information, corporate identifying
numbers, case information (e.g., case opened, date referred to EPA),
criminal investigator comments, name and office of criminal
investigator, dissemination information (e.g., which other agency
requested the information), and other related investigative
information.
    2. Investigative Files. The investigative files housed within OCEAN
contain all information relating to an investigative matter which can
be stored electronically. In addition to the information contained in
the computerized case management system, the investigative files
contain, but are not limited to, correspondence (case coordination
reports, memos of conversation, and other records of communication
relating to the investigation), interviews (witness interview
statements generated by either an OCEFT/CID special agent or another
agency or person), regulatory history (permits and reports generated as
a result of normal program activity), technical support (program
reports generated as a result of the investigation), investigative
notes, electronic monitoring (reports requesting permission and use,
transcripts of tapes), records checks (personal history, police
information, fingerprint cards, photographs), property reports,
electronic copies or images of property or physical evidence obtained
and retained by OCEFT/CID including documents personal property and
electronic evidence, manifests and other related investigative
information and open source online information.
    3. Threat Information. All information related to any individuals
or entities that threaten physical harm to the EPA Administrator,
senior agency officials, or their family members, in violation of
federal criminal statutes. In addition to the information contained in
the computerized case management system, the investigative leads files
may contain, but are not limited to, digital copies or transcripts of
the subject threat, witness statements, records checks (personal
history, police information, fingerprint cards, photographs), property
reports, electronic copies or images of property obtained and retained
by OCEFT/CID including documents, personal property and electronic
evidence and other related information, open source online information,
investigative reports and other information received from other law
enforcement agencies and the EPA OIG.
    4. Case Management System. The Online Criminal Enforcement
Activities Network is the computerized management information system
for the Criminal Investigation Division, which reflects the activity
and productivity of individual agents and each OCEFT/CID office. It is
also the primary source for assembling statistical data for OCEFT/CID.
The Online Criminal Enforcement Activities Network contains the OCEFT/
CID case number, the case name, the most recent investigative or
prosecutorial activity, the involved environmental media and
environmental statutes, government employees involved in the
investigation, case status and case closure codes. The case name may be
either a company name or the name of a person that denotes the subject
of the investigation.

RECORD SOURCE CATEGORIES:
    EPA employees and officials, employees of Federal contractors,
employees of other Federal agencies and of state, local, tribal, and
foreign agencies, witnesses, informants, public source materials, and
other persons who

may have information relevant to OCEFT/CID investigations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The following new routine uses apply to this system because the use
of the record is necessary for the efficient conduct of government
operations. The routine uses are related to and compatible with the
original purpose for which the information was collected. General
Routine Uses A, C, D, E, F, G, H, and K apply to this system (73 FR
2245). Records may also be disclosed:
    1. To a potential source of information to the extent necessary to
elicit information or to obtain cooperation of that source in
furtherance of an EPA criminal investigation or protective service
detail investigation.
    2. To the Department of Justice for consultation about what
information and records are required to be publicly released under
federal law.
    3. To a federal agency in response to a valid subpoena.
    4. To Federal and state government agencies responsible for
administering suspension and debarment programs.
    5. To international law enforcement organizations if the
information is relevant to a violation or potential violation of civil
or criminal law or regulation within the jurisdiction of the
organization or a law enforcement agency that is a member of the
organization.
    6. To the news media and public unless it is determined that the
release of the specific information in the context of a particular case
would constitute an unwarranted invasion of privacy.
    7. To any person if the EPA determines that compelling
circumstances affecting human health, the environment, property, or
personal safety warrant the disclosure.
    8. In connection with criminal prosecution or plea negotiations to
the extent that disclosure of the information is relevant and necessary
to the prosecution or negotiation and except where court orders are
otherwise required under section (b)(11) of the Privacy Act of 1974, 5
U.S.C. 552a(b)(11).
    9. To the Office of Inspector General, which is responsible for
investigating threats to the Administrator and other agency officials.
    10. To appropriate agencies, entities, and persons when (1) the
Agency suspects or has confirmed that there has been a breach of the
system of records; (2) the Agency has determined that as a result of
the suspected or confirmed breach there is a risk of harm to
individuals, the Agency (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Agency's efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
    11. To another Federal agency or Federal entity, when the Agency
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The EPA OCEFT currently stores and manages records related to
environmental and related non-environmental criminal investigations in
a centralized electronic recordkeeping system, EPA 17, Criminal
Investigative Index and Files. This computer recordkeeping system, and
the modified system that will replace it (OCEAN), involve the ``cloud''
storage of electronic records obtained or created by OCEFT criminal
investigators.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Files are assigned a case file number and records are maintained in
numerical order in a web-based computer system with access controls.
Access to records is obtained by entering user IDs and passwords then
conducting computer database searches using relevant search terms and
software programs. The system also allows for printing of records.
Information on individuals may be retrieved through the computer case
management system which can use, among other things, case titles, the
names of individuals, organization names, driver's license numbers,
vehicle or tag or vehicle identification numbers and other identifying
numbers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and Disposal: The manner of Retention and Disposal of the
Online Criminal Enforcement Activities Network and files will mirror
the current disposition of electronic records in the OCEFT Criminal
Investigation Index and Files system (EPA-17), known as the Criminal
Case Report System, or (CCRS) under EPA Records Schedule 684. These
records are scheduled as permanent retention.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computer records are maintained in a secure, password protected
computer system. All records are maintained in secure, access-
controlled websites. The case management system maintains a user log
that identifies and records persons who access and use the system.
Computer-stored information is protected in accordance with the
Agency's security requirements. No unauthorized individuals may access
the physical equipment on which the system resides. Accounts can only
be created by the system administrator or assistant system
administrators.

RECORD ACCESS PROCEDURES:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(j)(2) or (k)(2), this system has been exempted from the provisions
of the Privacy Act of 1974 that permit access and correction. See, 40
CFR 16.11 and 16.12. These same authorities and exemptions also apply
to the threat information to be held by the modified system. Exemptions
from access may be complete or partial, depending on the applicable
exemption. However, EPA may, in its discretion, grant individual
requests for access and correction if it determines that the exercise
of these rights will not interfere with an interest that the exemption
is intended to protect.

CONTESTING RECORD PROCEDURES
    Pursuant to the authorities set out in 40 CFR 16.11 and 16.12,
exempting federal criminal investigatory agencies from specified
provisions of the Privacy Act, individuals do not have the opportunity
to decline to provide information to, or to opt out of the collection
or sharing of their information by OCEFT criminal investigators. These
same authorities and exemptions also apply to the threat information to
be held by the OCEAN system. The EPA's procedures for making a Privacy
Act request can be found in EPA's Privacy Act regulations at 40 CFR
part 16.

NOTIFICATION PROCEDURE:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following provisions of the Privacy Act,
subject to the limitations set forth in that subsection: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).
See, 40 CFR 16.11 and 16.12.

HISTORY:
    71 FR 234--January 4, 2006--Republication of Exempted System of
Records (EPA-17)
    66 FR 49947--October 1, 2001--Creation of the OCEFT/NEIC Master
Tracking System of Records (EPA-46)

Appendix to Online Criminal Enforcement Activities Network

    Criminal Investigation Division offices where system records may be
accessed online:

     Boston Area Office, EPA/Criminal Investigation Division, 5
Post Office Square, Suite 100, 15th Floor, Boston, Massachusetts 02109-
3912
     New York Area Office, EPA/Criminal Investigation Division,
290 Broadway (2C100), Room 1551, New York, New York 10007-1866
     Buffalo Resident Office, EPA/Criminal Investigation
Division, 138 Delaware Avenue, Room 525, Buffalo, New York 14202
     Syracuse Domicile Office, EPA/Criminal Investigation
Division, 441 S. Salina Street, 6th Floor, Box 349, Syracuse, New York
13202
     Philadelphia Area Office, EPA/Criminal Investigation
Division, 1650 Arch Street (3CE00), Philadelphia, Pennsylvania 19103-
2029
     Baltimore Resident Office, EPA/Criminal Investigation
Division, 701 Mapes Road, Suite E230, Environmental Science Center,
Fort George G. Meade, Maryland 20755-5350
     Atlanta Area Office, EPA/Criminal Investigation Division,
61 Forsyth Street, Suite 16T90, Sam Nunn Atlanta Federal Center,
Atlanta, Georgia 30303
     Tampa Resident Office, EPA/Criminal Investigation
Division, 2203 N Lois Avenue, Suite 815, Tampa, Florida 33607
     Miami Resident Office, EPA/Criminal Investigation
Division, 909 SE First Avenue, Suite 700, Brickell Plaza Federal
Building, Miami, FL 33131
     Nashville Domicile Office, EPA/Criminal Investigation
Division, 801 Broadway, Suite 312, Nashville, Tennessee 37203
     Chicago Area Office, EPA/Criminal Investigation Division,
77 West Jackson, Chicago, Illinois 60604
     Dallas Area Office, EPA/Criminal Investigation Division,
Fountain Place, 1445 Ross Avenue, (6CID), Suite 1200, Dallas, Texas
75202-2733
     Houston Resident Office, EPA/Criminal Investigation
Division, 1919 Smith Street, Suite 9004, Houston, Texas 77002-8049
     Kansas City Area Office, EPA/Criminal Investigation
Division, 11201 Renner Blvd., Lenexa, Kansas 66219
     St. Louis Resident Office, EPA/Criminal Investigation
Division, 1222 Spruce Street, Room 2.102G, Robert A. Young Federal
Building, St. Louis, Missouri 63103
     Denver Area Office, EPA/Criminal Investigation Division,
1595 Wynkoop Street, Denver, Colorado 80202-1129
     San Francisco Area Office, EPA/Criminal Investigation
Division, 75 Hawthorne St., 8th Floor, San Francisco, California 94105-
3901
     Los Angeles Resident Office, EPA/Criminal Investigation
Division, 600 Wilshire Boulevard, Suite 900, Los Angeles, CA 90017-3212
     Phoenix Domicile Office, EPA/Criminal Investigation
Division, Sandra Day O'Connor Federal Building, 401 W Washington St.,
SPC #9, Suite 415, Phoenix, Arizona 85003
     Seattle Area Office, EPA/Criminal Investigation Division,
1200 Sixth Avenue, Suite 155, Seattle, Washington 98101-3140
     Portland Resident Office, EPA/Criminal Investigation
Division, 805 SW Broadway, Suite 620, Portland, Oregon 97204

    Dated: May 3, 2019.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2019-16565 Filed 8-1-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Rules and Regulations]
[Pages 69987-69989]
[FR Doc No: 2013-27635]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0556; Directorate Identifier 2007-SW-30-AD;
Amendment 39-17662; AD 2013-23-07]
RIN 2120-AA64

Airworthiness Directives; Erickson Air-Crane Incorporated
Helicopters (Type Certificate Previously Held by Sikorsky Aircraft
Corporation)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 90-26-12 for
Sikorsky Aircraft Corporation (Sikorsky) Model S-64E helicopters. AD
90-26-12 required checks of the main rotor blades for a crack. This new
AD retains the actions required by AD 90-26-12, reflects that the type
certificate (TC) for this model helicopter has been transferred to
Erickson Air-Crane Incorporated (Erickson), and expands the
applicability to include the similar Erickson Model S-64F helicopters.
This AD is prompted by a need to expand the applicability to include
Model S-64F helicopters and clarify the applicable main rotor blades by
part number. These actions are intended to detect a crack in the main
rotor blade and prevent blade separation and subsequent loss of control
of the helicopter.

DATES: This AD is effective December 27, 2013.

ADDRESSES: For service information identified in this AD, contact
Erickson Air-Crane Incorporated, ATTN: Chris Erickson, Director of
Regulatory Compliance, 3100 Willow Springs Rd., P.O. Box 3247, Central
Point, OR 97502; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>You may review a copy of the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations Office (phone:<PHONE_NUMBER>) is U.S. Department of
Transportation, Docket Operations Office, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Michael Kohner, Aviation Safety
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 90-26-12, Amendment 39-6841 (55 FR 51406,
December 14, 1990) (AD 90-26-12), which applied to Sikorsky Model S-64E
helicopters. The NPRM published in the Federal Register on July 3, 2013
(78 FR 40063). Since we issued AD 90-26-12, cracks were detected on the
main rotor blades of Model S-64F helicopters, which are are similar to
the main rotor blades used on the Model S-64E helicopter. Also, on
February 13, 1992, Sikorsky transferred TC H6EA for Model S 64E and S
64F helicopters to Erickson. We also determined that the primary
temperatures listed in the Required Actions section of this AD should
be converted from degrees Celsius to degrees Fahrenheit for increased
clarity.
    As a result, the NPRM proposed to retain the same checks and
procedures as those required by AD 90-26-12, but in a revised format to
meet current publication requirements and to expand the applicability
to include both the Erickson S-64E and S-64F helicopters. The NPRM also
proposed to require recurring checks of the Blade Inspection Method
(BIM) indicator on each blade to determine whether the BIM indicator is
signifying that the blade pressure may have been compromised by a blade
crack.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (78 FR 40063,
July 3, 2013).

FAA's Determination

    We have reviewed the relevant information and determined that an
unsafe condition exists and is likely to exist or develop on other
products of these same type designs and that air safety and the public
interest require adopting the AD requirements as proposed.

Related Service Information

    Erickson issued Service Bulletin (SB) No. 64F15-2, Revision A,
dated July 14, 1999, for the Model S-64F and SB No. 64B15-4, Revision
5, dated September 17, 2013, for the Model S-64E. Erickson released
both service bulletins to provide operation and check procedures for
BIM blades installed on the Model S-64E and S-64F helicopters. Several
blade spars with a crack emanating from corrosion pits and other damage
have been found because of BIM pressure indications. The checks in SB
No. 64F15-2 for the Model S-64F are the same as those required by AD
90-26-12 for the Model S-64E helicopters.

Costs of Compliance

    We estimate that this AD affects 27 helicopters of U.S. Registry.
We estimate that operators will incur the following costs in order to
comply with this AD. Each visual BIM pressure indicator color check
will take about 0.1 work-hour at an average labor rate of $85 per work-
hour. Based on these figures, each visual BIM pressure indicator color
check will cost about $9 per helicopter or $230 for the fleet. Each BIM
pressure indicator function check will take about 0.25 work-hour, and
cost about $21, or $574 for the fleet.
    If a main rotor blade must be replaced, it will take about 2 work-
hours and required parts cost about $125,000. Based on these figures,
it will cost about $125,170 per helicopter to replace a main rotor
blade.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
90-26-12, Amendment 39-6841 (55 FR 51406, December 14, 1990), and
adding the following new AD:

2013-23-07 Erickson Air-Crane Incorporated (Type Certificate
Previously Held By Sikorsky Aircraft Corporation): Amendment 39-
17662; Docket No. FAA-2013-0556; Directorate Identifier 2007-SW-30-
AD.

(a) Applicability

    This AD applies to Erickson Air-Crane Incorporated (Erickson)
Model S-64E and S-64F helicopters, with rotary wing blade assembly
(main rotor blade), part number 6415-20201-043, -045, -047, -048, -
049, -050, or -051; or 6415-20601-041, -042, -043, -044, -045, -046,
-047, -048, -049, -050, -051, or -052, installed, certificated in
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the main
rotor blade (blade), which could result in blade separation and
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 90-26-12, Docket No. 90-ASW-27, Amendment
39-6841 (55 FR 51406, December 14, 1990).

(d) Effective Date

    This AD becomes effective December 27, 2013.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) Before further flight, visually check the Blade Inspection
Method (BIM) pressure indicators of the main rotor blades for a
black or red color indication.
    (2) Before further flight, replace any blade with a black or red
color indication in a BIM pressure indicator with an airworthy part
of the same part number unless the black or red color indication is
determined to be the result of BIM system malfunction.

    Note 1 to paragraph (f)(2) of this AD:  Paragraphs (f)(4)(i-iv)
of this AD specify how to determine if a BIM system is functioning
correctly.

    (3) Repeat the visual BIM pressure indicator check required by
paragraph (f)(1) of this AD prior to the first flight of each day
and thereafter at intervals not to exceed:
    (i) Three hours time-in-service (TIS) from the last check for
helicopters engaged in seven or more external lifts per hour; or
    (ii) Five hours TIS from the last check for helicopters engaged
in either less than seven external lifts per hour or operation
without external cargo.
    (4) Prior to the first flight of each day, check the BIM
pressure indicator for proper function as follows:
    (i) Press in and hold the manual test lever (grenade-type
handle) on the raised area of the handle over the pin-type actuation
plunger. Do not handle the indicator glass bulb since the heat of
the hand may change the internal reference pressure and result in an
erroneous indicator reading.
    (ii) Depress the actuation plunger fully to shut off the
pressure completely from the blade into the indicator. If necessary,
press with the thumbs of both hands to overcome the plunger spring
force.

    Note 2 to paragraph (f)(4)(ii) of this AD:  If pressure is
applied to the end of the lever on the flat area, the actuation
plunger will not fully depress.

    (iii) Verify proper operation of the indicator by observing that
a full-black or full-red (unsafe) indication appears in not less
than 10 or more than 30 seconds after depressing the plunger for a
temperature of 20 degrees F (-6.7 degrees C) or above. At lower
temperatures, extend the upper limit to the corresponding time as
follows:
    (A) 19 to 0 degrees F (-7.2 to -17.8 degrees C); upper limit of
35 seconds.
    (B) -1 to -20 degrees F (-18.3 to -28.9 degrees C); upper limit
of 40 seconds.
    (C) -21 to -40 degrees F (-29.4 to -40.0 degrees C); upper limit
of 50 seconds.
    (D) -41 to -60 degrees F (-40.5 to -51.1 degrees C); upper limit
of 60 seconds.
    (iv) Release the lever and observe that the black or red
indication snaps back immediately, leaving an all-white or all-
yellow (safe) indication.
    (v) If the indicator does not meet the specified requirements,
then either identify and correct the BIM indicator malfunction or
replace the suspect main rotor blade with an airworthy blade of the
same part number prior to further flight.
    (5) The checks required by paragraphs (f)(1) and (f)(4)(i-iv) of
this AD may be performed by the owner/operator (pilot) holding at
least a private pilot certificate, and must be entered into the
aircraft records showing compliance with this AD in accordance with
14 CFR Sec. Sec.  43.9(a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The
record must be maintained as required by 14 CFR Sec. Sec.  91.417,
121.380, or 135.439.

(g) Special Flight Permits

    Special flight permits will not be issued.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Michael Kohner,
Aviation Safety Engineer, Rotorcraft Certification Office,
Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    Erickson Air-Crane Incorporated Service Bulletins No. 64B15-4,
Revision 5, dated September 17, 2013 for the Model S-64E and No.
64F15-2, Revision A, dated July 14, 1999 for the Model S-64F, which
are not incorporated by reference, contain additional information
about the subject of this AD. For service information identified in
this AD, contact Erickson Air-Crane Incorporated, ATTN: Chris
Erickson, Director of Regulatory Compliance, 3100 Willow Springs Rd,
P.O. Box 3247, Central Point, OR 97502; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>You may
review a copy of this information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor
Blades.

    Issued in Fort Worth, Texas, on October 30, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-27635 Filed 11-21-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 5, 2007 (Volume 72, Number 171)]
[Notices]
[Page 50994-50996]
[DOCID:fr05se07-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56330; File No. SR-Amex-2007-92]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending the Payment for Order Flow Plan To Apply the Current Marketing
Fee to Orders Sent to Directed Order Participants

August 28, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 20, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. Amex has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by Amex under section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Payment for Order Flow Plan to
apply the current marketing fee to orders sent to Directed Order
Participants.\5\ The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://www.amex.com
.

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

    \5\ The Exchange's Directed Order Program (the ``Program'') was
recently approved by the Commission. See Securities Exchange Act
Release No. 56269 (August 15, 2007), 72 FR 47086 (August 22, 2007)
(Notice of Filing and Order Granting Accelerated Approval of SR-Amex
2007-75). A Directed Order Participant, as defined in proposed Rule
996-ANTE is any specialist, Registered Options Trader (``ROT''),
Supplemental Registered Options Trader (``SROT''), and Remote
Registered Options Trader (``RROT'') that enters into arrangements
with an Order Flow Provider, whereby they could receive directed
orders upon meeting certain eligibility requirements.
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change, and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Amex has substantially prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the current fee schedule to apply
the marketing fee charged to equity options (the ``Payment for Order
Flow Plan'') to orders sent to Directed Order Participants.\6\
---------------------------------------------------------------------------

    \6\ Under the current plan, the Exchange charges an equity
options marketing fee of $0.75, $0.35, or $0.40 per contract solely
to customer orders that are from payment accepting firms with whom a
specialist or SROT has negotiated a payment for order flow
arrangement. SPDR Options are currently subject to a $1.00 or $.40
per contract fee. The $0.75 and $0.35 fee solely applies to those
orders that are executed electronically through the Exchange's ANTE
system, while the $0.40 fee applies to those series of equity
options, exchange traded fund share options (including SPY options),
Trust Issued Receipt Options, NDX, and RUT options that are manually
executed customer orders of 1,000 contracts or greater.
---------------------------------------------------------------------------

    A Directed Order Participant may choose to opt in or opt out of the
Payment for Order Flow Plan.\7\ If the Directed Order Participant
chooses to opt into the Payment for Order Flow Plan, the Exchange will
collect the applicable marketing fee per contract from the
participating specialists, ROTs, RROTs, and SROTs, for all electronic
customer orders directed to that Directed Order Participant. The pool
of funds collected would be used to fund

Payment for Order Flow arrangements with payment accepting firms.
---------------------------------------------------------------------------

    \7\ Once a Directed Order Participant opts into the Payment for
Order Flow Plan, no notice to the Exchange is required in a
subsequent month unless there is a change in the participation
status.
---------------------------------------------------------------------------

    A Directed Order Participant who chooses to opt into the Payment
for Order Flow Plan must notify the Exchange of the election to
participate in the Payment for Order Flow Plan no later than two
business days prior to the date on which the marketing fee would be
assessed. Directed Order Participants may only opt into or out of the
Exchange's Payment for Order Flow Plan one time in any given month. If
at any time during a month a Directed Order Participant opts into the
Payment for Order Flow Plan, the marketing fee would be assessed for
that remaining portion of the month commencing on the third business
day following notice to the Exchange.
    Directed Order Participants who enter into a Payment for Order Flow
arrangement with an Order Flow Provider will be given instructions as
to how to submit their payment directions. The Exchange will not be
involved in negotiating the terms governing the orders that qualify for
payment or the amount of any payment. The Exchange will, however, pay
the requested amount to the Order Flow Provider on behalf of the
Directed Order Participant. The requested amount is limited to the
amount billed and collected for that month, plus any excess funds that
were carried over from previous months (funds collected but not
requested by a Directed Order Participant).
    The Exchange will further provide administrative support for the
program in such matters as maintaining the funds, keeping track of the
number of qualified orders each Directed Order Participant directs to
the Exchange, and making payments to the Order Flow Providers on behalf
of, and at the direction of, the Directed Order Participants.
    Separate pools of funds will be available to each Directed Order
Participant solely for those trades where the marketing fee was
assessed, at the post it was collected. This pool of funds will be used
by each Directed Order Participant to attract customer orders to the
Exchange from Order Flow Providers.\8\ The Exchange notes that Directed
Order Participants are limited to spending any funds collected from
SROTs only in those options classes in which the SROT is able to trade.
Directed Order Participants participating in the Exchange's current
Payment for Order Flow Plan will be rebated any unused funds at the end
of a quarter on a pro rata basis.\9\
---------------------------------------------------------------------------

    \8\ The Exchange notes that if a specialist acts as a Directed
Order recipient and specialist, there shall be two separate pools of
funds collected for each.
    \9\ Specialists, SROTs, RROTs, or ROTs participating in the
Exchange's current marketing fee program are rebated any unused
funds at the end of a quarter on a pro rata basis.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to amend Footnote 11 in the Options
Fee Schedule, to clarify that that the $.40 options marketing fee,
which only applies to manually executed orders, shall not be applicable
to Directed Orders, since they are solely electronically executed
orders.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act \10\ in general, and section 6(b)(4) of
the Act \11\ in particular, in that it is designed to provide for an
equitable allocation of reasonable dues, fees, and other charges among
exchange members and other persons using exchange facilities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing proposed rule change has been designated as a fee
change pursuant to section 19(b)(3)(A)(ii) of the Act \12\ and Rule
19b-4(f)(2) \13\ thereunder, because it establishes or changes a due,
fee, or other charge imposed by the Exchange. Accordingly, the proposal
will take effect upon filing with the Commission. At any time within 60
days of the filing of such proposed rule change the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-92 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F. Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Amex-2007-92. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F. Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Amex-2007-92 and should be
submitted on or before September 26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E7-17478 Filed 9-4-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70212-70213]
[FR Doc No: 2011-29162]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-
2007-27897; FMCSA-2007-29019; FMCSA-2009-0154]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

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

DATES: This decision is effective November 28, 2011. Comments must be
received on or before December 12, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-1999-5578; FMCSA-2004-19477;
FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0154,
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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-(202) 493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments 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 FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 24 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 24 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Robert E. Bequeaith
Lloyd K. Brown
Larry Chinn
Kecia D. Clark-Welch
Tommy R. Crouse
Ben W. Davis
Charles A. DeKnikker, Sr.
Earl M. Frederick
Loren H. Geiken
John N. Guilford
John E. Halcomb
Rayford R. Harper
Michael A. Hershberger
Patrick J. Hogan, Jr.
Todd A. McBrian
Amilton T. Monteiro
Harold W. Mumford
John W. Myre
David G. Oakley
Charles D. Oestreich
John S. Olsen
Thomas J. Prusik
Brent L. Seaux
Glen W. Sterling

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retains a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 24 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 54775; 69 FR
64806; 70 FR 2705; 70 FR 48797; 70 FR 53412; 70 FR 61493; 72 FR 1054;
72 FR 52422; 72 FR 58362; 72 FR 67344; 72 FR 84971; 74 FR 26464; 74 FR
37295; 74 FR 48343; 74 FR 57553; 74 FR 76439). Each of these 24
applicants has requested renewal of the exemption and has submitted
evidence showing that the vision in the better eye continues to meet
the standard specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by December 12, 2011.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 24 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: October 28, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-29162 Filed 11-9-11; 8:45 am]
BILLING CODE 4910-EX-P