[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39941-39942]
[FR Doc No: 2017-17675]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2017-59]

Petition for Exemption; Summary of Petition Received; Damian
Martin

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 11, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0700
using any of the following methods:
     Federal eRulemaking 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: 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.
    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 the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brittany Newton<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2017-0700.
    Petitioner: Damian Martin.
    Section(s) of 14 CFR Affected: 121.31l(b).
    Description of Relief Sought: Petitioner seeks an exemption from
121.311(b) to the extent necessary to allow him, while occupying an
approved seat with a properly secured seatbelt, to use an additional
strap that provides upper body support by going under the user's arms
(encircling the user and the seatback), during all phases of flight
aboard an aircraft. In addition, the petitioner requests that any air
carrier or commercial operator operating U.S. registered aircraft in
operations under part 121 be granted an exemption from 14 CFR
121.311(b) to the extent necessary to allow petitioner, while occupying
an approved seat with a properly secured seatbelt, to use an additional
strap that provides upper body support by going under the user's arms
(encircling the user and the seatback), during all phases of flight
aboard an aircraft.

[FR Doc. 2017-17675 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 26, 2011 (Volume 76, Number 207)]
[Rules and Regulations]
[Page 66183-66184]
[DOCID:fr26oc11-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0960]

Drawbridge Operation Regulations; Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
US 70 (Alfred Cunningham) Bridge, at mile 0.0, over the Trent River, at
New Bern, NC. The deviation restricts the operation of the draw span to
facilitate the general maintenance of the Bridge.

DATES: This deviation is effective from 8 p.m. October 26, 2011 through
11:59 p.m. on October 27, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0960 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0960 in the
``Keywords'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Bill H. Brazier, Bridge Management Specialist, Fifth
Coast Guard District, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on reviewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, (202) 366-
9826.

SUPPLEMENTARY INFORMATION: The North Carolina Department of
Transportation (NCDOT), who owns and operates this bascule lift bridge,
has requested a temporary deviation from the current operating
regulations set out in 33 CFR 117.843(a), to facilitate the general
maintenance of the bridge.
    In the closed position to vessels, the US 70 (Alfred Cunningham)
Bridge, at mile 0.0, at New Bern, NC has a vertical clearance of 14
feet, above mean high water.
    Under this temporary deviation, the drawbridge will be closed to
vessels requiring an opening each day from 8 p.m. until 11:59 p.m. on
October 26, 2011 and October 27, 2011. There are no alternate routes
for vessels transiting this section of the Trent River.
    The Coast Guard reviewed the 2010 drawbridge logs provided by
NCDOT. In the month of October 2010, between the hours of 8 p.m. and
11:59 p.m., there were approximately four recorded vessel openings of
the drawbridge. The drawbridge will be able to open for emergencies.
Most vessel traffic utilizing this bridge consists of recreational
boaters. October is outside of the high recreational boating season
therefore, only a small number of boaters may be affected by this
temporary closure. There are no alternate routes on this section of
Trent River. Vessels that can pass through the bridge in the closed
position may do so at any time.
    The Coast Guard will inform all users of the waterway through our
Local and Broadcast Notice to Mariners of the closure periods for the
bridge so that vessels can arrange their transits to minimize any
impacts caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the draw must return to its
original operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: October 18, 2011.
Waverly W. Gregory, Jr.,
Bridge Program Manager, By direction of the Commander, Fifth Coast
Guard District.
[FR Doc. 2011-27721 Filed 10-25-11; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment:Comparative bioavailability of single-dose methylphenidate from a multilayer-release bead formulation and an osmotic system: a two-way crossover study in healthy young adults.


[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 22001-22003]
[FR Doc No: 2014-08853]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0002]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 58 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in one eye. The Agency has
concluded that granting these exemptions will provide a level of safety
that is equivalent to or greater than the level of safety maintained
without the exemptions for these CMV drivers.

DATES: The exemptions are effective April 18, 2014. The exemptions
expire on April 18, 2016.

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:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments

received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

Background

    On February 25, 2014, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (79 FR 10606). That notice listed 58 applicants' case
histories. The 58 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 58 applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle 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 (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The 58
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, macular scar, refractive amblyopia,
retinal scar, aphakia, prosthetic eye, traumatic optic neuropathy,
mature cataract, Leber's hereditary optic neuropathy, exotropia,
cataract, complete loss of vision, glaucoma, choroidal melanoma,
enucleation, macular hole, HSV keratitis, strabismic amblyopia, corneal
scar, ocular histoplasmosis, nystagmus, albinism, nuclear sclerotic
cataract, optice nerve damage, high hyperopia, astigmatism, and
alternating exotropia with left-sided fixation preference. In most
cases, their eye conditions were not recently developed. Thirty-two of
the applicants were either born with their vision impairments or have
had them since childhood.
    The twenty-six individuals that sustained their vision conditions
as adults have had it for a period of 5 to 46 years.
    Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 58 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision of careers ranging from 3 to 56
years. In the past 3 years, two of the drivers were involved in crashes
and six were convicted for moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the February 25, 2014
notice (79 FR 10606).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber,

Donald C., ``Accident Rate Potential: An Application of Multiple
Regression Analysis of a Poisson Process,'' Journal of American
Statistical Association, June 1971). A 1964 California Driver Record
Study prepared by the California Department of Motor Vehicles concluded
that the best overall crash predictor for both concurrent and
nonconcurrent events is the number of single convictions. This study
used 3 consecutive years of data, comparing the experiences of drivers
in the first 2 years with their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 58 applicants, two of the drivers were involved in crashes and six
were convicted of moving violations in a CMV. All the applicants
achieved a record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 58 applicants listed in the notice of
February 25, 2014 (79 FR 10606).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 58 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement 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 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) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received two comments in this proceeding. The comment is
discussed below.
    Lee Black is in favor of granting Jerry P. Lindesmith a vision
exemption.
    An anonymous commenter is in favor of granting David R. Knobloch a
vision exemption.

Conclusion

    Based upon its evaluation of the 58 exemption applications, FMCSA
exempts Thomas R. Abbott (TN), John M. Alfano (MI), Corey L. Amans
(WI), Bruce V. Anderson (MN), Alan A. Andrews (ME), Franklin D. Bailey
(GA), Felipe Bayron (WI), Tomas Benavidez, Jr. (ID), Michael S.
Broadway (OR), Gary A. Budde (IL), Darrell L. Canupp (MI), Mark W.
Castleman (MN), Lorimer E. Christianson (IA), James R. Crum (IL),
Travis C. Denzler (MN), Joseph O. Dickerson (MO), Charles S. Duvell
(PA), David L. Dykes (FL), Daniel L. Fedder (IL), Edward A. Flitton
(UT), Juan C. Gallo-Gomez (CT), Michael Giagnacova (PA), Andeberhan O.
Gidey (WA), Christopher I. Goodwin (NC), Luis A. Gomez-Banda (NV),
Kevin G. Karow (WI), David R. Knobloch (MI), Gregory L. Kockelman (MN),
Perry T. Kolberg (GA), Mark A. La Fleur (MD), Dennis A. Lindner (ND),
Jerry P. Lindesmith (OK), Jorge S. Lopez (CA), Thomas J. Mavraganis
(IL), Douglas P. McEachern (MN), Merton H. Miller (MN), Charles R.
Morris, Jr. (OH), John Murray (WA), Michael S. Nichols (GA), Dino J.
Pires (CT), Anthony S. Poindexter (MO), William S. Pusey (MD), Joe A.
Root (MN), Daryl A. Roskam (TN), Chance T. Rupert (OK), Phil N. Schad
(MO), Glen A. Schroeder (SD), Eric E. Scott (UT), Robert L. Sharp (WA),
Glen A. Showalter (OR), Michael D. Singleton (IN), John B. Theres (IL),
Robert S. Waltz (ME), Ronald L. Walker (FL), Charles G. Warshun, Jr.
(NY), Willard H. Weerts (IL), Vernon J. Wenger (IA), and Donald G.
Wilcox, Jr. (OR) from the vision requirement in 49 CFR 391.41(b)(10),
subject to the requirements cited above (49 CFR 391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked 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 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: April 9, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-08853 Filed 4-17-14; 8:45 am]
BILLING CODE 4910-EX-P