[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6922-6925]
[FR Doc No: 2018-03042]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-
2000-7006; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24015;
FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2007-29019;
FMCSA-2009-0121; FMCSA-2009-0303; FMCSA-2011-0189; FMCSA-2011-0298;
FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0029; FMCSA-2013-0165;
FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2015-0049; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 113
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before March 19,
2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-1999-5748;
FMCSA-1999-6156; FMCSA-2000-7006; FMCSA-2001-10578; FMCSA-2003-15268;
FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2007-28695;
FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0303; FMCSA-2011-0189;
FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0029;
FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2015-0049; FMCSA-2015-0056;
FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344;
FMCSA-2015-0345 using any of the following methods:

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) 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., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, e.t.,
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 online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years 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 statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to driver a CMV if that person has distant visual acuity of
at least 20/40 (Snellen) in each eye without corrective lenses or
visual acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 113 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

II. Request for Comments

    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.

III. 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. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 113 applicants has satisfied the renewal conditions for obtaining
an exemption from the vision requirement (57 FR 57266; 63 FR 66226; 64
FR 16517; 64 FR 40404; 64 FR 54948; 64 FR 66962; 65 FR 159; 65 FR
57230; 66 FR 41656; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102;
68 FR 52811; 68 FR 54775; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR
51346; 69 FR 62741; 70 FR 48797; 70 FR 48801; 70 FR 50799; 70 FR 53412;
70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 71884; 70 FR 72689; 70 FR
74102; 71 FR 14566; 71 FR 30227; 71 FR 4632; 71 FR 50970; 71 FR 62147;
71 FR 644; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 52421; 72 FR
54971; 72 FR 54972; 72 FR 58359; 72 FR 58362; 72 FR 62896; 72 FR 62897;
72 FR 64273; 72 FR 67340; 72 FR 67344; 72 FR 71995; 73 FR 1395; 73 FR
20245; 73 FR 27014; 73 FR 48269; 73 FR 5259; 73 FR 75806; 74 FR 26461;
74 FR 34630; 74 FR 41971; 74 FR 43221; 74 FR 43223; 74 FR 49069; 74 FR
57553; 74 FR 60021; 74 FR 60022; 74 FR 62632; 74 FR 64124; 74 FR 65845;
74 FR 65847; 75 FR 1451; 75 FR 4623; 75 FR 50799; 75 FR 8184; 76 FR
37168; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 55469; 76 FR 62143;
76 FR 64169; 76 FR 67246; 76 FR 70210; 76 FR 70212; 76 FR 70213; 76 FR
70215; 76 FR 73769; 76 FR 75942; 76 FR 75943; 76 FR 78728; 76 FR 79760;
76 FR 8809; 77 FR 17108; 77 FR 3547; 77 FR 541; 77 FR 543; 77 FR 545;
78 FR 18667; 78 FR 34143; 78 FR 47818; 78 FR 51268; 78 FR 52602; 78 FR
62935; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 64274; 78 FR 64280;
78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 74223; 78 FR
76395; 78 FR 76704; 78 FR 76705; 78 FR 76707; 78 FR 77778; 78 FR 77780;
78 FR 77782; 78 FR 78475; 78 FR 78477; 79 FR 2247; 79 FR 2748; 79 FR
4803; 80 FR 16500; 80 FR 31636; 80 FR 37718; 80 FR 48413; 80 FR 50917;
80 FR 59225; 80 FR 59230; 80 FR 63829; 80 FR 63869; 80 FR 67472; 80 FR
67476; 80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 79414; 80 FR 80443;
81 FR 11642; 81 FR 1284; 81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR
44680; 81 FR 60117). They have submitted evidence showing that the
vision in the better eye continues to meet the requirement 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.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of January
and are discussed below:
    As of January 3, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 56 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (57 FR 57266; 63 FR 66226; 64 FR
16517; 64 FR 40404; 64 FR 54948; 64 FR 66962; 65 FR 159; 65 FR 57230;
66 FR 41656; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102; 68 FR
52811; 68 FR 54775; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR 51346;
69 FR 62741; 70 FR 48797; 70 FR 50799; 70 FR 53412; 70 FR 57353; 70 FR
61165; 70 FR 61493; 70 FR 72689; 70 FR 74102; 71 FR 14566; 71 FR 30227;
71 FR 50970; 71 FR 62147; 71 FR 644; 72 FR 39879; 72 FR 46261; 72 FR
52419; 72 FR 52421; 72 FR 54971; 72 FR 54972; 72 FR 58362; 72 FR 62896;
72 FR 62897; 72 FR 64273; 72 FR 67344; 72 FR 71995; 73 FR 20245; 73 FR
27014; 73 FR 48269; 73 FR 75806; 74 FR 26461; 74 FR 34630; 74 FR 41971;
74 FR 43221; 74 FR 43223; 74 FR 49069; 74 FR 57553; 74 FR 60021; 74 FR
62632; 74 FR 65847; 75 FR 50799; 75 FR 8184; 76 FR 37168; 76 FR 53708;
76 FR 54530; 76 FR 55465; 76 FR 55469; 76 FR 62143; 76 FR 64169; 76 FR
67246; 76 FR 70210; 76 FR 70212; 76 FR 70215; 76 FR 75942; 76 FR 75943;
76 FR 79760; 76 FR 8809; 77 FR 17108; 78 FR 18667; 78 FR 34143; 78 FR
47818; 78 FR 51268; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307;
78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR
76395; 78 FR 76705; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477;
80 FR 16500; 80 FR 31636; 80 FR 37718; 80 FR 48413; 80 FR 50917; 80 FR
59225; 80 FR 59230; 80 FR 63829; 80 FR 63869; 80 FR 67472; 80 FR 67476;
80 FR 67481; 80 FR 70060; 80 FR 80443; 81 FR 11642; 81 FR 1284; 81 FR
15401; 81 FR 15404; 81 FR 16265):

Juan A. Adame (TX)
Woodrow E. Bohley (MO)
Jason W. Bowers (OR)
Kenneth E. Bross (MO)
Stacey J. Buckingham (ID)
Edwin L. Bupp (PA)
Benny J. Burke (AL)
Ryan J. Burnworth (MO)
Michael D. Champion (VT)
Ryan M. Coelho (RI)
David J. Comeaux (LA)
Brian W. Cordell (TX)
Aubrey R. Cordrey, Jr. (DE)
Thomas R. Crocker (SC)
Stephen W. Deminie (TX)
Brad M. Donald (MI)
John E. Gannon, Jr. (NV)
Charles D. Grady (GA)
Louis M. Hankins (IL)
Trevor M. Hilton (IL)
Randy L. Huelster (OK)
Jeffrey A. Keefer (OH)
Carol Kelly (IN)
Karen L. Kelly (DE)
Martin D. Keough (NY)
William E. Leimkuehler (OK)
Michael S. Lewis (NC)
Richard L. Loeffelholz (WI)
Raul Martinez (FL)
Herman C. Mash (NC)
Christopher V. May (GA)
Terry W. Moore (LA)
Richard W. O'Neill (WA)
John R. Price (AR)
Thomas J. Prusik (NJ)
Francis D. Reginald (NJ)
Louis A. Requena (NY)
Daniel T. Rhodes (IL)
Michael J. Robinson (WV)
Juan A. Rodriguez (CT)
Ronald L. Roy (IL)
Glen M. Schulz (IA)
Jarrod R. Seirer (KS)
Levi A. Shetler (OH)
Roye T. Skelton (MS)
Rick E. Smith (IL)
Juan E. Sotero (FL)
Paul D. Stoddard (NY)
Aaron M. Vernon (OH)
Cesar Villa (NM)
Larry J. Waldner (SD)
Stephen H. Ward (MO)
Karl A. Weinert (NY)
Dennis E. White (PA)
Lorenzo A. Williams (DE)
Walter M. Yohn, Jr. (AL)

    The drivers were included in docket numbers FMCSA-1998-4334; FMCSA-
1999-5748; FMCSA-1999-6156;

FMCSA-2000-7006; FMCSA-2001-10578; FMCSA-2003-15892; FMCSA-2005-21711;
FMCSA-2005-22194; FMCSA-2006-24015; FMCSA-2007-27897; FMCSA-2007-28695;
FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2011-0189; FMCSA-2011-26690;
FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2015-0049; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0071; FMCSA-2015-0072. Their exemptions are applicable as of
January 3, 2018, and will expire on January 3, 2020.
    As of January 5, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, George G. Ulferts, Jr. (IA) has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 70213; 77 FR 541; 78 FR
74223; 80 FR 80443).
    The driver was included in docket number FMCSA-2011-0298. The
exemption is applicable as of January 5, 2018, and will expire on
January 5, 2020.
    As of January 8, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (72 FR 67340; 73 FR 1395; 74 FR
65845; 76 FR 78728; 78 FR 76704; 80 FR 76345; 80 FR 80443; 81 FR
60117):

Thomas G. Ashbrook (NY)
Wayne A. Burnett (NC)
George R. Cornell (OH)
Thomas E. Gross (PA)
Ethan A. Hale (KY)
Steven G. Hall (NC)
Jason Huddleston (TX)
Boleslaw Makowski (WI)
Anthony D. Ovitt (VT)
Martin Postma (IL)
Phillip D. Satterfield (GA)
George E. Todd (WV)
Eric C. Weidley (PA)

    The drivers were included in docket numbers FMCSA-2007-0017; FMCSA-
2015-0344. Their exemptions are applicable as of January 8, 2018, and
will expire on January 8, 2020.
    As of January 9, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, Juan R. Andrade (TX) has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (78 FR 64271; 79 FR 2748; 80 FR 80443).
    The driver was included in docket number FMCSA-2013-0167. The
exemption is applicable as of January 9, 2018, and will expire on
January 9, 2020.
    As of January 15, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 64271; 79 FR 2748; 80 FR
80443):

Ronald C. Ashley (GA)
Miguel A. Calderon (CA)
Terry L. Cliffe (IL)
Adam S. Larson (CO)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Roy A. Whitaker (TX)
Sammy D. Wynn (GA)

    The drivers were included in docket number FMCSA-2013-0167. Their
exemptions are applicable as of January 15, 2018, and will expire on
January 15, 2020.
    As of January 21, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 79414; 81 FR 44680):

Gary L. Best (MI)
Therron K. Billings (VA)
Russell A. Wilkinson (FL)
Timothy W. Youngblood, Jr. (TX)

    The drivers were included in docket number FMCSA-2015-0345. Their
exemptions are applicable as of January 21, 2018, and will expire on
January 21, 2020.
    As of January 23, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, Leonard A. Martin (NV) has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (78 FR 67454; 79 FR 4803; 81 FR 15401).
    The driver was included in docket number FMCSA-2013-0170. The
exemption is applicable as of January 23, 2018, and will expire on
January 23, 2020.
    As of January 24, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 70213; 76 FR 73769; 77 FR
3547; 77 FR 541; 79 FR 2247; 80 FR 80443):

Adam O. Carson (MS)
Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)
Roger W. Hammack (AL)

    The drivers were included in docket numbers FMCSA-2011-0298; FMCSA-
2011-0299. Their exemptions are applicable as of January 24, 2018, and
will expire on January 24, 2020.
    As of January 27, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 52811; 68 FR 61860; 70 FR
48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 71 FR 4632;
72 FR 58359; 72 FR 62897; 73 FR 1395; 73 FR 5259; 74 FR 60021; 74 FR
64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR 78475; 80 FR 80443):

Arthur L. Bousema (CA)
Norman E. Braden (CO)
Matthew W. Daggs (MO)
Donald R. Date, Jr. (MD)
John E. Kimmet, Jr. (WA)
Jason L. Light (ID)
Michael J. Richard (LA)
Robert E. Sanders (PA)
Robert A. Sherry (PA)

    The drivers were included in docket numbers FMCSA-2003-15268;
FMCSA-2003-15892; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions
are applicable as of January 27, 2018, and will expire on January 27,
2020.
    As of January 28, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (74 FR 60022; 75 FR 4623; 77 FR
543; 78 FR 76707; 80 FR 80443):

James A. DuBay (MI)
Donald E. Halvorson (NM)
Phillip J.C. Locke (CO)
Brian T. Nelson (MN)

    The drivers were included in docket number FMCSA-2009-0303. Their
exemptions are applicable as of January 28, 2018, and will expire on
January 28, 2020.
    As of January 29, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 80 FR
80443):

Calvin J. Barbour (NY)
Martin D. Bellcour (WI)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Michael L. Fiamingo (PA)
Randall Hjelmtveit (MN)
Randy G. Kinney (IL)
Hector Marquez (TX)
Hersehl D. Volentine (LA)

Gary D. Vollertsen (CO)

    The drivers were included in docket number FMCSA-2013-0170. Their
exemptions are applicable as of January 29, 2018, and will expire on
January 29, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (3) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file or keep a copy of his/her
driver's qualification if he/her is self- employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. 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.

V. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 113 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03042 Filed 2-14-18; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Pages 13716-13717]
[FR Doc No: 2021-04966]

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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2020-5; FRL-10021-14-Region 4]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Hazlehurst Wood Pellets, LLC (Jeff Davis
County, Georgia)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to state operating
permit.

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SUMMARY: The Environmental Protection Agency's (EPA) Administrator
signed an Order, dated December 31, 2020, denying the petition
submitted by the Environmental Integrity Project on behalf of itself
and the Georgia Chapter of Sierra Club, Dogwood Alliance, the Rachel
Carson Council, Partnership for Policy Integrity, Natural Resources
Defense Council, and Our Children's Earth Foundation (Petitioners). The
Order responds to the Petitioners' April 14, 2020, petition requesting
that the EPA object to the proposed Clean Air Act (CAA) title V
operating permit number 2499-161-0023-V-02-4 issued by the Georgia
Environmental Protection Division (EPD) to Hazlehurst Wood Pellets, LLC
for its facility located in Jeff Davis County, Georgia. The Order
constitutes a final action on the petition addressed therein.

ADDRESSES: Copies of the Order, the petition, and all pertinent
information relating thereto are on file at the following location: EPA
Region 4; Air and Radiation Division; 61 Forsyth Street SW; Atlanta,
Georgia 30303-8960. The Order is also available electronically at the
following address: https://www.epa.gov/sites/production/files/2021-01/documents/hazlehurstorder2020.pdf. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection at the Regional Office. The
Regional Office's official hours of business are Monday through Friday
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,
Air Planning and Implementation Branch, Air and Radiation Divisions,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia, 30303-8960. The telephone number is<PHONE_NUMBER>.
Mr. Hofmeister can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and, as appropriate, the authority to object to operating
permits proposed by state permitting authorities under title V of the
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR
70.8(d) authorize any person to petition the EPA Administrator to
object to a title V operating permit within 60 days after the
expiration of EPA's 45-day review period if EPA has not objected on its
own initiative. Petitions must be based only on objections to the
permit that were raised with reasonable specificity during the public
comment period provided by the state, unless the petitioner
demonstrates that it was impracticable to raise these issues during the
comment period or the grounds for the issues arose after this period.
    Petitioners submitted a petition requesting that EPA object to the
proposed CAA title V operating permit no. 2499-161-0023-V-02-4 issued
by EPD to the Hazlehurst facility. Petitioners claim that this
permitting action fails to include all applicable requirements,
specifically the requirements related to section 112(r)(1) of the CAA
(``general duty clause'').
    On December 31, 2020, the Administrator issued an Order denying the
petition. The Order explains the EPA's basis for denying the petition.
    Judicial Review: Section 307(b)(1) of the CAA indicates which
Federal Courts of Appeal are the proper forum for petitions for review
of final actions by EPA. This section provides, in part, that

petitions for review must be filed in the Court of Appeals for the
District of Columbia Circuit: (i) When the agency action consists of
``nationally applicable regulations promulgated, or final action taken,
by the Administrator,'' or (ii) when such action is locally or
regionally applicable, if ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.'' For locally or regionally applicable actions, the CAA
reserves to EPA complete discretion whether to invoke the exception in
(ii).
    As explained in the Order, this Order is locally applicable because
it denies the single claim raised by the Petition and applies, on its
face, to a single source in a single state. Sierra Club v. EPA, 926
F.3d 844, 849 (D.C. Cir. 2019). However, the Administrator exercised
the complete discretion afforded to him under the CAA to make a finding
in the Order that this action is based on a determination of nationwide
scope or effect, and to publish this finding by publishing this notice
regarding the Order in the Federal Register.
    Thus, pursuant to sections 307(b) and 505(b)(2) of the CAA, any
petitions for judicial review of this Order must be filed in the United
States Court of Appeals for the District of Columbia Circuit within 60
days from the date this notice is published in the Federal Register.

    Dated: March 4, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-04966 Filed 3-9-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Pages 59489-59490]
[FR Doc No: 2014-23537]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9917-36-Region-1]

Availability of Final NPDES General Permits Mag250000 and
Nhg250000 for Discharges of Non-Contact Cooling Water in Massachusetts
and New Hampshire

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Director of the Office of Ecosystem Protection,
Environmental Protection Agency (EPA)--Region 1, is providing a notice
of availability of the final National Pollutant Discharge Elimination
System (NPDES) Non-contact Cooling Water General Permit (NCCW GP) for
Massachusetts and New Hampshire. The general permit replaces the NCCW
GP that expired on July 31, 2013.

DATES: The NCCW GP shall be effective on November 3, 2014 and will
expire at midnight on November 4, 2019.

ADDRESSES: The required notice of intent (NOI) information to obtain
permit coverage is provided in the NCCW GP. This information shall be
submitted to both EPA and the appropriate state agency. NOIs may be
sent via regular or overnight mail to EPA--Region 1, NCCW GP Processing
OEP 06-4, 5 Post Office Square--Suite 100, Boston, Massachusetts 02109-
3912 and the appropriate state agency at the addresses listed in in
Appendix 6 of the NCCW GP.

FOR FURTHER INFORMATION CONTACT:  Additional information concerning the
NCCW GP may be obtained between the hours of 9 a.m. and 5 p.m. Monday
through Friday, excluding holidays, by contacting Suzanne Warner,
Office of Ecosystem Protection (OEP 06-4), 5 Post Office Square--Suite
100, Boston, MA 02109-3912; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA is proposing to reissue two general
permits for non-contact cooling water discharges to certain waters in
the Commonwealth of Massachusetts and the State of New Hampshire. While
the general permits are two distinct permits, for convenience, EPA has
grouped them together in a single document and will refer to them as a
singular ``permit''. The general permit, appendices and fact sheet are
available online at: http://www.epa.gov/region1/npdes/nccwgp.html.
    The general permit establishes NOI requirements, effluent
limitations, standards, prohibitions, and in some

cases best technology available (BTA) requirements for facilities that
discharge small amounts of non-contact cooling water in Massachusetts
and New Hampshire.
    Non-contact cooling water is water used for cooling that does not
come into contact with any raw material, intermediate product, waste
product, or finished product; the only anticipated pollutant is heat.
Discharges composed of anything other than non-contact cooling water
will not be granted coverage under this general permit. Those
dischargers must seek coverage under an individual permit or an
appropriate general permit.
    The permit includes effluent limitations based on best professional
judgment (BPJ) and water quality considerations. The effluent limits
established in the permit assure that the surface water quality
standards of the receiving water are maintained and/or attained. The
permit also contains BTA requirements for cooling water intake
structures for facilities that withdraw less than 1 million gallons per
day of surface water for non-contact cooling in order to ensure source
water protection. For facilities that use groundwater or municipal
drinking water for non-contact cooling, the permit establishes effluent
limitations and/or additional monitoring for expected constituents
(metals and residual chlorine, respectively).

Other Legal Requirements

Endangered Species Act (ESA)

    EPA has updated the provisions and necessary actions and
documentation related to potential impacts to endangered species from
facilities seeking coverage under the NCCW GP. EPA has requested
concurrence from the appropriate federal services (U.S. Fish and
Wildlife Service and National Marine Fisheries Service) regarding the
requirements of this general permit.

National Historic Preservation Act (NHPA)

    In accordance with NHPA, EPA has established provisions and
documentation requirements for facilities seeking coverage under the
NCCW GP to ensure that discharges or actions taken under this permit
will not adversely affect historic properties and places.

    Authority:  This action is being taken under the Clean Water
Act, 33 U.S.C. 1251 et seq.

    Dated: September 24, 2014.
Carl Dierker,
Acting Regional Administrator, Region 1.
[FR Doc. 2014-23537 Filed 10-1-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66086-66088]
[FR Doc No: 2018-27817]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-1053; Special Conditions No. 25-739-SC]

Special Conditions: Airbus Model A330-200, A330-200F, A330-300
and A330-900 Series Airplanes; Electronic System Security Protection
From Unauthorized External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Airbus Model A330-
200, A330-200F, A330-300, and A330-900 series airplanes. These
airplanes will have a novel or unusual design feature when compared to
the state of technology envisioned in the airworthiness standards for
transport category airplanes. This design feature is airplane
electronic systems and networks that allow access from external sources
(e.g., wireless devices, internet connectivity) to the airplane's
internal electronic components. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Airbus on December 26, 2018. Send
comments on or before February 11, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2018-1053 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Thuan Nguyen, Airplane and Flight Crew
Interface Section, AIR-671, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The substance of these special conditions has been published in the
Federal Register for public comment in several prior instances with no
substantive comments received. Therefore, the FAA has determined that
prior public notice and comment are unnecessary, and finds that, for
the same reason, good cause exists for adopting these special
conditions upon publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.

    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On January 20, 2015, Airbus applied for an amendment to Type
Certificate No. A46NM to include the new Model A330-900 series
airplane. The Airbus Model A330-900 series airplane is a derivative of
the Model A330-300 series airplane currently approved under Type
Certificate No. A46NM.
    On August 9, 2018, Airbus applied for a change to Type Certificate
No. A46NM for the installation of electronic system architecture or
Flight Operations and Maintenance Exchanger (FOMAX) equipment in Model
A330-200, A330-200F, A330-300, and A330-900 series airplanes. These
airplanes are twin-engine, transport category airplanes with a maximum
passenger seating capacity of 406 for the A330-200 series and a maximum
passenger seating capacity of 440 for the A330-300 and A330-900 series
airplanes. These airplanes have a maximum takeoff weight of 533,518
pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Airbus must show that the Model A330-900 series airplane
and the Model A330-200, A330-200F, and A330-300 series airplanes, as
changed, meet the applicable provisions of the regulations listed in
Type Certificate No. A46NM, or the applicable regulations in effect on
the date of application for the change, except for earlier amendments
as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A330-200, A330-200F,
A330-300, and A330-900 series airplanes because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A330-200, A330-200F, A330-300, and A330-
900 series airplanes must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A330-200, A330-200F, A330-300, and A330-900 series
airplanes will incorporate the following novel or unusual design
feature:
    The installation and activation of electronic network system
architecture or Flight Operations and Maintenance Exchanger (FOMAX)
equipment that allows access from external sources (e.g., wireless
devices, internet connectivity) to the airplane's internal electronic
components.

Discussion

    The Airbus airplane Model A330-200, A330-200F, A330-300, and A330-
900 series architecture and network configuration may allow increased
connectivity to, and access from, external network sources and airline
operations and maintenance networks to the aircraft control domain and
airline information services domain. The aircraft control domain and
airline information services domain perform functions required for the
safe operation and maintenance of the airplane. Previously, these
domains had very limited connectivity with external network sources.
The architecture and network configuration may allow the exploitation
of network security vulnerabilities resulting in intentional or
unintentional destruction, disruption, degradation, or exploitation of
data, systems, and networks critical to the safety and maintenance of
the airplane.
    The existing regulations and guidance material did not anticipate
these types of airplane system architectures. Furthermore, 14 CFR
regulations and the current system safety assessment policy and
techniques do not address potential security vulnerabilities, which
could be exploited by unauthorized access to airplane networks, data
buses, and servers. Therefore, these special conditions are to ensure
that the security (i.e., confidentiality, integrity, and availability)
of airplane systems is not compromised by unauthorized wired or
wireless electronic connections.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus Model A330-200, A330-200F, A330-300, and A330-900 series
airplanes. Should Airbus apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, these special conditions would apply to that
model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on Airbus Model A330-200, A330-200F, A330-300, and A330-900 series
airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Airbus Model A330-200, A330-200F,
A330-300, and A330-900 series airplanes.
    1. The applicant must ensure that the airplane electronic systems
are protected from access by unauthorized sources external to the
airplane, including those possibly caused by maintenance activity.
    2. The applicant must ensure that electronic system-security
threats are identified and assessed, and that effective electronic
system-security protection strategies are implemented to protect the
airplane from all adverse impacts on safety, functionality, and
continued airworthiness.
    3. The applicant must establish appropriate procedures to allow the
operator to ensure that continued airworthiness of the aircraft is
maintained, including all post type certification modifications that
may have an impact on the approved electronic system security
safeguards.

    Issued in Des Moines, Washington, on December 12, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-27817 Filed 12-21-18; 8:45 am]
 BILLING CODE 4910-13-P


                 Federal Emergency Management Agency Region 6
                                  TRIP REPORT
                            Date / author of Report
                                    4/14/16

                                NORMA E. REYES

Meeting called by
Presented to the Pueblo Governors during their 10 Southern Pueblos Council Monthly Meeting
Subject of meeting
10 Southern Pueblos Council Monthly Meeting
Meeting Date(s)/Location
March 10, 2016, Zia Pueblo, NM
Attendees
Governors or Representative of the Governor for the following Pueblos:
Acoma   -   Cochiti   -   Isleta  -   Jemez   -   San Felipe   -   Sandia   -   Santa Ana   -   Santo Domingo   -   Zia   -   Ysleta del Sur

FEMA: Greg Eaton, Recovery Director and Norma Reyes, RTL.

                                   OVERVIEW

PURPOSE
The 10 Southern Pueblos Council membership consist of the Governor's from the following Pueblos, Acoma   -   Cochiti   -   Isleta  -   Jemez   -   San Felipe   -   Sandia   -   Santa Ana   -   Santo Domingo   -   Zia   -   Ysleta del Sur

The Governors meet monthly to conduct business so I asked to be placed on their agenda so we could remind the Governors of the comment period for the Second Draft of Tribal Declaration Pilot Guidance, highlight the changes and encourage submittal of comments.

Meeting Summary
Greg Eaton provided the Governors a packet with the exact information that had been sent to them by the Administrator. He reviewed the side by side document and informed that this were the primary changes to the first draft and also share the consultation power point provided by HQ.  They listen intently, however, they did not have any comments other than asking questions about the current Tribal Declaration Process, Hazard Tribal Mitigation Plans and the 30 day deadline for requesting a declaration.  He encouraged them to please submit their comments by April 7, 2016 and informed about the consultation session scheduled for March 30, 2016.
COMMENTS RELATED TO THE PROPOSED CONSULATION POLICY
General Comments:
 One of the Governors encouraged his fellow Governors to work on their Hazard Mitigation Plans and the importance of having such a plan.


[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18339-18340]
[FR Doc No: 2019-08676]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0093]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Request for
Comment; National Driver Register

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Notice and request for comments on an extension of a
previously-approved information collection.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for review and comments. A Federal Register Notice with a
60-day comment period soliciting comments on the following information
collection was published on February 1, 2019. No comments were
received.

DATES: Comments must be submitted on or before May 30, 2019.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Frank Subalusky, NSA 200, National
Highway Traffic Safety Administration, Room W55-333, Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Mr.
Subalusky's telephone number is<PHONE_NUMBER>. Please identify the
relevant collection of information by referring to its OMB Control
Number.

SUPPLEMENTARY INFORMATION: Before a Federal agency can collect certain
information from the public, it must receive approval from the Office
of Management and Budget (OMB). In compliance with these requirements,
this notice announces that the following information collection request
has been forwarded to OMB.
    A Federal Register notice with a 60-day comment period soliciting
comments on the information collection was published on February 1,
2019 (84 FR 1270). No comments were received.
    Title: National Driver Register.
    OMB Control Number: 2127-0001.
    Affected Public: State, Local, or Tribal Government.
    Type of Request: Extension of Clearance.
    Abstract: The purpose of the NDR is to assist States and other
authorized users in obtaining information about problem drivers. State
motor vehicle agencies submit and use the information for driver
licensing purposes. Other sanctioned users obtain the information for
transportation safety purposes.
    The OMB approval for the survey is scheduled to expire on April 30,
2019. NHTSA seeks an extension of this approval to obtain this problem
driver data vital to the NDR's function.
    Estimated Total Annual Burden Hours: 1,742 hours.
    Estimated Number of Respondents: The number of respondents is 51--
the fifty States and the District of Columbia.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

Cem Hatipoglu,
Acting Associate Administrator for the National Center for Statistics
and Analysis.
[FR Doc. 2019-08676 Filed 4-29-19; 8:45 am]
 BILLING CODE 4910-59-P