[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72863-72868]
[FR Doc No: 2010-29797]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0354]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 46 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. If granted, the exemptions would enable these
individuals to qualify as drivers of commercial motor vehicles (CMVs)
in interstate commerce without meeting the Federal vision standard.

DATES: Comments must be received on or before December 27, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0354 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the 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: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.'' FMCSA can renew exemptions at the end
of each 2-year period. The 46 individuals listed in this notice have
each requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Charles H. Akers, Jr.

    Mr. Akers, age 59, has had complete loss of vision in his right eye
since 1974 due to trauma. The best corrected visual acuity in his left
eye is 20/20. Following an examination in 2010, his optometrist noted,
``It is my opinion that he has sufficient vision to safely perform the
driving tasks required to operate a commercial vehicle without
restrictions.'' Mr. Akers reported that he has driven straight trucks
for 38 years, accumulating 152,000 miles and tractor-trailer
combinations for 38 years, accumulating 456,000 miles. He holds a Class
A Commercial Driver's License (CDL) from Virginia. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

David B. Albers, Sr.

    Mr. Albers, 38, has had complete loss of vision in his left eye
since childhood. The best corrected visual acuity in his right eye is
20/20. Following an examination in 2010, his optometrist noted, ``In my
medical opinion, David has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Albers reported
that he has driven straight trucks for 5\1/2\; years, accumulating
605,000 miles and tractor-trailer combinations for 5\1/2\; years,
accumulating 605,000 miles. He holds a Class A CDL from Utah. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Kurtis A. Anderson

    Mr. Anderson, 37, has had complete loss of vision in his left eye
since birth. The best corrected visual acuity in his right eye is 20/
20. Following an examination in 2010, his optometrist noted, ``In my
opinion, Mr. Kurt Anderson has sufficient vision to perform the driving
tasks to operate a commercial motor vehicle.'' Mr. Anderson reported
that he has driven straight trucks for 3 years, accumulating 78,000
miles. He holds a Class A CDL from South Dakota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Terry L. Anderson

    Mr. Anderson, 43, had a tear in the macular of the retina in his
left eye many years ago. Following an examination in 2010, his
optometrist noted, ``the best corrected visual acuity in his right eye
is 20/20 and in his left eye, 20/80.'' Mr. Anderson reported that he
has driven straight trucks for 2 years, accumulating 40,000 miles. He
holds a Class B CDL from Pennsylvania. His driving record for the last
3 years shows no crashes and one conviction for a moving violation in a
CMV; failure to obey a traffic signal.

Grover H. Baelz

    Mr. Baelz, 63, has had cataracts in both eyes since birth. The best
corrected visual acuity in his right eye is 20/20 and in his left eye,
count-finger vision only. Following an examination in 2010, his
optometrist noted, ``In summary, Mr. Baelz has a normal well
functioning right eye with no detectable visual defects and in my
opinion has sufficient vision abilities to operate a commercial
vehicle.'' Mr. Baelz reported that he has driven straight trucks for 42
years, accumulating 924,000 miles. He holds a Class C operator's
license from Oregon. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Sammy J. Barada

    Mr. Barada, 60, has had complete loss of vision in his right eye
since birth. The best corrected visual acuity in his left eye is 20/20.
Following an examination in 2010, his optometrist noted, ``In my
opinion he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Barada reported that he has
driven straight trucks for 10 years, accumulating 950,000 miles and
tractor-trailer combinations for 2 years, accumulating 15,000 miles. He
holds a Class A CDL from Nebraska. His driving record for the last 3
years shows no

crashes and no convictions for moving violations in a CMV.

Kenneth L. Bowers, Jr.

    Mr. Bowers, 41, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/40 and in his left
eye, 20/80. Following an examination in 2010, his optometrist noted,
``In my opinion, Mr. Bowers can safely perform tasks required to
operate a motor vehicle.'' Mr. Bowers reported that he has driven
straight trucks for 25 years, accumulating 13,750 miles and tractor-
trailer combinations for 7 years, accumulating 140,000 miles. He holds
a Class A CDL from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Timothy Bradford

    Mr. Bradford, 55, has had amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/60. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, Mr. Timothy Bradford has
sufficient vision to safely perform the driving tasks necessary to
operate a commercial vehicle.'' Mr. Bradford reported that he has
driven straight trucks for 39 years, accumulating 780,000 miles and
tractor-trailer combinations for 16 years, accumulating 16,000 miles
and buses for 13 years, accumulating 130,000 miles. He holds a Class A
CDL from Tennessee. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Donald G. Brock, Jr.

    Mr. Brock, 49, has had intermittent alternating extropia with mild
strabismic amblyopia in his left eye since childhood. The best
corrected visual acuity in his right eye is 20/20 and in his left eye,
20/20. Following an examination in 2010, his optometrist noted, ``My
opinion is that Mr. Brock is capable of safely operating a commercial
vehicle and poses the same risk for accidents as someone with normal
binocular function.'' Mr. Brock reported that he has driven straight
trucks for 1 year, accumulating 1,000 miles and tractor-trailer
combinations for 18 years, accumulating 1 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Anthony D. Buck

    Mr. Buck, 26, has had complete loss of vision in his right eye
since 1997. The best corrected visual acuity in his right eye is no
light perception, and in his left eye is 20/15. Following an
examination in 2010, his optometrist noted, ``It is my medical opinion
that Anthony has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.''
    Mr. Buck reported that he has driven tractor-trailer combinations
for 7 years, accumulating 595,000 miles. He holds a Class A CDL from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Cody W. Cook

    Mr. Cook, 26, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/400 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``I feel Cody is capable of performing tasks to operate a commercial
vehicle.'' Mr. Cook reported that he has driven straight trucks for 9
years, accumulating 315,000 miles and tractor-trailer combinations for
9 years, accumulating 180,000 miles. He holds a Class D operator's
license from Oklahoma. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Marvin R. Daly

    Mr. Daly, 45, has had a prosthetic left eye since childhood. The
best corrected visual acuity in his right eye is 20/20. Following an
examination in 2010, his optometrist noted, ``In my opinion, Mr. Daly
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Daly reported that he has driven straight
trucks for 1 year, accumulating 20,000 miles and tractor-trailer
combinations for 1 year, accumulating 40,000 miles and buses for 7
years, accumulating 210,000 miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Douglas R. Duncan

    Mr. Duncan, 58, has had a prosthetic left eye since 1983. The best
corrected visual acuity in his right eye is 20/20. Following an
examination in 2010, his ophthalmologist noted, ``In my opinion, the
patient should have sufficient vision to operate a commercial vehicle
despite the fact that he is one-eyed.'' Mr. Duncan reported that he has
driven straight trucks for 12 years, accumulating 600,000 miles and
tractor-trailer combinations for 24 years, accumulating 3 million
miles. He holds a Class A CDL from Tennessee. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Douglas K. Esp

    Mr. Esp, 55, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/200 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``Mr. Esp performs well with his current visual status and should
experience no visual deficiency while operating a commercial vehicle.''
Mr. Esp reported that he has driven straight trucks for 30 years,
accumulating 300,000 miles and tractor-trailer combinations for 30
years, accumulating 2.1 million miles. He holds a Class A CDL from
Montana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Roger C. Evans, II

    Mr. Evans, 62, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/70 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``It is my medical opinion that Mr. Evans has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Evans reported that he has driven buses for 12 years,
accumulating 564,000 miles. He holds a Class D operator's license from
Wisconsin. His driving record for the last 3 years shows one crash and
no convictions for moving violations in a CMV.

Jevont D. Fells

    Mr. Fells, 39, has had keratoconus in his left eye since 1994. The
best corrected visual acuity in his right eye is 20/20, and in his left
eye, 20/80. Following an examination in 2010, his optometrist noted,
``In my medical opinion, I hereby state that Mr. Fells is legal to
drive with glasses under any conditions.'' Mr. Fells reported that he
has driven straight trucks for 10 years, accumulating 1 million miles
and tractor-trailer combinations for 4 years, accumulating 250,000
miles. He holds a Class A operator's license from Alabama. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Steven C. Fox

    Mr. Fox, 47, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is count-finger vision
only, and in his left eye, 20/20. Following an examination in 2010, his
ophthalmologist noted, ``In my

medical opinion this patient has sufficient vision to perform the
driving tasks to operate a commercial vehicle.'' Mr. Fox reported that
he has driven straight trucks for 9 years, accumulating 225,000 miles
and tractor-trailer combinations for 9 years, accumulating 900,000
miles. He holds a Class A CDL from North Carolina. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Scott C. Geiter

    Mr. Geiter, 42, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/25 and in his
left eye, count-finger vision. Following an examination in 2010, his
optometrist noted, ``Mr. Scott Geiter has sufficient vision to perform
the driving task required to operate a commercial vehicle.'' Mr. Geiter
reported that he has driven straight trucks for 11 years, accumulating
880,000 miles. He holds a Class C operator's license from Pennsylvania.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Gary A. Golson

    Mr. Golson, 48, has a prosthetic left eye due to a motor vehicle
accident that occurred twenty-five years ago. The visual acuity in his
right eye is 20/20. Following an examination in 2010, his optometrist
noted, ``In my medical opinion, Mr. Golson has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Golson reported that he has driven straight trucks for 6 years,
accumulating 172,368 miles and tractor-trailer combinations for 1 year,
accumulating 10,000 miles. He holds a Class D operator's license from
Alabama. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Donald L. Hamrick

    Mr. Hamrick, 44, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/100. Following an examination in 2010, his optometrist
noted, ``In my medical opinion, Don Hamrick has more than sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hamrick reported that he has driven tractor-trailer
combinations for 14 years, accumulating 560,000 miles. He holds a Class
A CDL from Kansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Eugene W. Harnisch

    Mr. Harnisch, 59, has had complete loss of vision in his right eye
due to a traumatic injury in 1964. The best corrected visual acuity in
his left eye is 20/20. Following an examination in 2010, his
ophthalmologist noted, ``While Eugene has suffered traumatic blindness
of his right eye his visual field examination and function of his left
eye is completely within normal limits and in my opinion should have
sufficient vision for performing the tasks required to operate a
commercial vehicle.'' Mr. Harnisch reported that he has driven straight
trucks for 33 years, accumulating 660,000 miles and tractor-trailer
combinations for 5 years, accumulating 200,000 miles. He holds a Class
A CDL from Wisconsin. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ronnie E. Henderson

    Mr. Henderson, 64, has had loss of vision in his left eye since
2007. The best corrected visual acuity in his right eye is 20/20, and
in his left eye, hand-motion vision only. Following an examination in
2010, his ophthalmologist noted, ``I believe Mr. Henderson's visual
function is adequate to operate any type of commercial vehicle.'' Mr.
Henderson reported that he has driven straight trucks for 43 years,
accumulating 786,685 miles. He holds a Class A CDL from Virginia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Clinton L. Hines, Jr.

    Mr. Hines, 48, has had an injury to his right eye since 1984. The
best corrected visual acuity in his right eye is 20/60 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``He currently has sufficient vision to operate a commercial vehicle.''
Mr. Hines reported that he has driven straight trucks for 32 years,
accumulating 160,000 miles. He holds a Class A CDL from North Carolina.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Steve D. James

    Mr. James, 55, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/60 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``In my opinion the patient does have stable visual acuity and
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. James reported that he has driven straight
trucks for 3 years, accumulating 1.2 million miles and buses for 2
years, accumulating 17,332 miles. He holds a Class C operator's license
from North Carolina. His driving record for the last 3 years shows one
crash, for which he was not cited, and no convictions for moving
violations in a CMV.

Matthew C. Kalebaugh

    Mr. Kalebaugh, 51, has had macular scar in his right eye since
2005. The best corrected visual acuity in his right eye is 20/60 and in
his left eye, 20/25. Following an examination in 2010, his optometrist
noted, ``It is my opinion Mr. Kalebaugh has adequate vision to operate
a commercial vehicle and has learned to compensate for the vision loss
in the right eye.'' Mr. Kalebaugh reported that he has driven straight
trucks for 32 years, accumulating 320,000 miles and tractor-trailer
combinations for 28 years, accumulating 2.8 million miles. He holds a
Class A CDL from Kansas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Keith A. Larson

    Mr. Larson, 50, has had complete loss of vision in his left eye due
to trauma 10 years ago. The visual acuity in his right eye is 20/20.
Following an examination in 2010, his ophthalmologist noted, ``He has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Larson reported that he has driven straight
trucks for 20 years, accumulating 440,000 miles. He holds a Class D
operator's license from Massachusetts. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Brent E. Lewis

    Mr. Lewis, 29, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/200 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``I am of the opinion that Mr. Lewis sees and functions very
adequately with respect to operating motor vehicles, and should be
allowed to drive commercial vehicles.'' Mr. Lewis reported that he has
driven tractor-trailer combinations for 6 years, accumulating 120,000
miles. He holds a Class D operator's license from Mississippi. His
driving record for the last 3 years shows no crashes and no

convictions for moving violations in a CMV.

Timothy R. McCullough

    Mr. McCullough, 46, has had complete loss of vision in his left eye
since childhood. The best corrected visual acuity in his right eye is
20/20. Following an examination in 2010, his optometrist noted, ``As
stated in my earlier letter which you accidentally erased but I've
enclosed a copy, I feel that Mr. McCullough has sufficient vision to
safely operate a commercial vehicle, in my professional opinion.'' Mr.
McCullough reported that he has driven tractor-trailer combinations for
16 years, accumulating 1.7 million miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Marcus McMillin

    Mr. McMillin, 39, has had esotropia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/50 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``In my opinion this patient has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. McMillin
reported that he has driven tractor-trailer combinations for 8 years,
accumulating 1 million miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

George C. Milks

    Mr. Milks, 49, has had a cataract in his right eye since 1995. The
best corrected visual acuity in his right eye is light perception only
and in his left eye, 20/25. Following an examination in 2010, his
optometrist noted, ``In my medical opinion Mr. Milks has sufficient
vision to operate a commercial vehicle.'' Mr. Milks reported that he
has driven straight trucks for 11 years, accumulating 99,000 miles. He
holds a Class B CDL from New York. His driving record for the last 3
years shows one crash, for which he was not cited, and no convictions
for moving violations in a CMV.

Daniel R. Murphy

    Mr. Murphy, 46, has had complete loss of vision in his left eye
since childhood. The visual acuity in his right eye is 20/20. Following
an examination in 2010, his optometrist noted, ``In my opinion, he has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Lewis reported that he has driven buses for 9
years, accumulating 11,250 miles. He holds a Class B CDL from
Wisconsin. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Joseph M. Palmer

    Mr. Palmer, 56, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/60 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``Mr. Palmer has sufficient visual acuities and peripheral range
of vision in both eyes to safely operate a commercial vehicle.'' Mr.
Palmer reported that he has driven straight trucks for 34 years,
accumulating 595,000 miles. He holds a Class A CDL from Maine. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Garrick D. Pitts

    Mr. Pitts, 36, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/70 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``Based upon my professional medical opinion and considering his
driving record over the past several years, I feel Mr. Pitts has
sufficient vision to operate a commercial motor vehicle.'' Mr. Pitts
reported that he has driven straight trucks for 9 years, accumulating 1
million miles. He holds a Class A CDL from Arkansas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Gary W. Robey

    Mr. Robey, 67, has had macular degeneration in his right eye since
2006. The best corrected visual acuity in his right eye is 20/200 and
in his left eye, 20/20. Following an examination in 2010, his
optometrist noted, ``Patient is able to operate a commercial vehicle
from a vision perspective in my opinion.'' Mr. Robey reported that he
has driven tractor-trailer combinations for 40 years, accumulating 4
million miles. He holds a Class A CDL from Washington. His driving
record for the last 3 years shows one crash, for which he was not
cited, and no convictions for moving violations in a CMV.

Jonathan C. Rollings

    Mr. Rollings, 35, has had a prosthetic left eye since he was the
age of 15. The best corrected visual acuity in his right eye is 20/15.
Following an examination in 2010, his optometrist noted, ``Jon has
sufficient vision to satisfy all of the requirements to operate a
commercial vehicle.'' Mr. Rollings reported that he has driven straight
trucks for 12 years, accumulating 240,000 miles and tractor-trailer
combinations for 12 years, accumulating 144,000. He holds a Class A CDL
from Iowa. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation in a CMV. He exceeded the speed
limit.

Preston S. Salisbury

    Mr. Salisbury, 43, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/200 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``It is my professional opinion that Mr. Salisbury has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Salisbury reported that he has driven
straight trucks for 15 years, accumulating 3,000 miles and tractor-
trailer combinations for 6 years, accumulating 15,000 miles. He holds a
Class A CDL from Montana. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Victor M. Santana

    Mr. Santana, 45, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/50
and in his left eye, 20/20. Following an examination in 2010, his
optometrist noted, ``My medical opinion, Mr. Victor Santana has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Santana reported that he has driven tractor-
trailer combinations for 20\1/2\ years, accumulating 3 million miles.
He holds a Class A CDL from California. His driving record for the last
3 years shows no crashes and one conviction for a moving violation in a
CMV. He exceeded the speed limit by 9 mph.

Kevin W. Schaffer

    Mr. Schaffer, 48, has had retinal detachment in his left eye since
the age of 24. The best corrected visual acuity in his right eye is 20/
15 and in his left eye, 20/400. Following an examination in 2010, his
optometrist noted, ``In my medical opinion Kevin has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Schaffer reported that he has driven straight trucks for
32 years, accumulating 400,000 miles and tractor-trailer combinations
for 10 years, accumulating 75,000. He holds a Class A CDL from
Illinois. His driving record for the last 3 years shows no crashes and

no convictions for moving violations in a CMV.

Gerald E. Skalitzky

    Mr. Skalitzky, 68, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/70 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``I hereby certify that Gerald Skalitzky has sufficient vision
to perform all commercial vehicle driving tasks.'' Mr. Skalitzky
reported that he has driven straight trucks for 40 years, accumulating
1.1 million miles and tractor-trailer combinations for 2 years,
accumulating 100,000 miles. He holds a Class D operator's license from
Wisconsin. His driving record for the last 3 years shows one crash, for
which he was cited, and two convictions for moving violations in a CMV.
In the first incident, he failed to obey a traffic signal. In the
second incident, he was following another vehicle too closely.

Allen W. Smith

    Mr. Smith, 36, has had corneal scarring in his left eye since
birth. The visual acuity in his right eye is 20/20 and in his left eye,
no light perception. Following an examination in 2010, his optometrist
noted, ``In my opinion, Mr. Smith has sufficient vision to operate a
commercial vehicle.'' Mr. Smith reported that he has driven straight
trucks for 12 years, accumulating 300,000 miles and tractor-trailer
combinations for 2 years, accumulating 30,000 miles. He holds a Class A
CDL from Kansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Robert B. Steinmetz

    Mr. Steinmetz, 57, has had complete loss of vision in his right eye
since 1995. The best corrected visual acuity in his left eye is 20/20.
Following an examination in 2010, his optometrist noted, ``In my
opinion, you have sufficient vision to perform driving tasks required
to operate a commercial vehicle.'' Mr. Steinmetz reported that he has
driven straight trucks for 30 years, accumulating 150,000 miles and
tractor-trailer combinations for 28 years, accumulating 280,000 miles.
He holds a Class A CDL from Oregon. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

George A. Teti

    Mr. Teti, 69, has had a large posterior staphyloma in his right eye
since childhood. The best corrected visual acuity in his right eye is
20/400 and in his left eye, 20/25. Following an examination in 2010,
his optometrist noted, ``This letter certifies that Mr. Teti meets the
visual requirements to perform all driving tasks needed to operate a
commercial vehicle.'' Mr. Teti reported that he has driven straight
trucks for 2 years, accumulating 24,000 miles and buses for 24 years,
accumulating 240,000 miles. He holds a Class B CDL from Florida. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Calvin J. Wallace, II

    Mr. Wallace, 56, has had macular scarring in his left eye since
2000. The best corrected visual acuity in his right eye is 20/20 and in
his left eye, hand-motion vision only. Following an examination in
2010, his ophthalmologist noted, ``In my opinion he has sufficient
vision to perform as a commercial driver.'' Mr. Wallace reported that
he has driven straight trucks for 10 years, accumulating 1.2 million
miles, and tractor-trailer combinations for 15 years, accumulating 2.7
million miles. He holds a Class A CDL from Nevada. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

David W. Ward

    Mr. Ward, 49, has had a prosthetic left eye since 1981. The best
corrected visual acuity in his right eye is 20/20. Following an
examination in 2010, his optometrist noted, ``It is my medical opinion
that Mr. Ward has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Ward reported that he
has driven tractor-trailer combinations for 5 years, accumulating
350,000 miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Ralph W. York

    Mr. York, 50, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20 and in his
left eye, 20/400. Following an examination in 2010, his optometrist
noted, ``In my professional opinion, Ralph York has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. York reported that he has driven tractor-trailer combinations for
31 years, accumulating 4.6 million miles. He holds a Class A CDL from
New Mexico. His driving record for the last 3 years shows no crashes
and one conviction for a moving violation in a CMV. He exceeded the
speed limit by 7 mph.

Richard L. Zacher

    Mr. Zacher, 53, has had amblyopia in his right eye since birth. The
best corrected visual acuity in his right eye is 20/80 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``And yes, both Dr. Reski and I do agree and believe that Mr. Zacher
has sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Zacher reported that he has driven straight
trucks for 14 years, accumulation 499,996 miles and tractor-trailer
combinations for 21 years, accumulating 1.4 million miles. He holds a
Class A CDL from Oregon. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business December 27, 2010. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: November 10, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-29797 Filed 11-24-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11415-11416]
[FR Doc No: 2018-05297]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0033]

Drawbridge Operation Regulation; New Jersey Intracoastal
Waterway, Beach Thorofare, Margate City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation; modification.

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

SUMMARY: The Coast Guard has modified a temporary deviation from the
operating schedule that governs the Margate Boulevard/Margate Bridge,
which carries Margate Boulevard across the New Jersey Intracoastal
Waterway, Beach Thorofare, mile 74.0, at Margate City, NJ. This
modified deviation is necessary to facilitate bridge maintenance. This
modified deviation allows the bridge to remain in the closed-to-
navigation position.

DATES: This modified deviation is effective without actual notice from
March 15, 2018 through 7 p.m. on March 26, 2018. For the purposes of
enforcement, actual notice will be used from 7:01 p.m. on March 12,
2018 until March 15, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0033] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this modified
temporary deviation, call or email Mr. Michael R. Thorogood, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6557, email [email protected].

SUPPLEMENTARY INFORMATION: On February 1, 2018, the Coast Guard
published a temporary deviation entitled, ``Drawbridge Operation
Regulation; New Jersey Intracoastal Waterway, Beach Thorofare, Margate
City, NJ'' in the Federal Register (83 FR 4585). That document resulted
from Ole Hansen and Sons, Inc.'s, request for a temporary deviation,
occurring from 7 a.m. on February 26, 2018, through 7 p.m. on March 12,
2018, from normal operation of the drawbridge to facilitate bridge
maintenance. Subsequent to the approval of that request, Ole Hansen &
Sons Inc. requested a modification, extending the temporary deviation
from 7:01 p.m. on March 12, 2018, through 7 p.m. on March 26, 2018, to
allow more time to perform and complete bridge maintenance unable to be
performed due to extreme inclement weather events during the previous
temporary deviation. Therefore, the Coast Guard modifies the dates of
the previously approved temporary deviation to allow the Margate
Boulevard/Margate Bridge that carries Margate Boulevard across the New
Jersey Intracoastal Waterway, Beach Thorofare, mile 74.0, at Margate
City, NJ, to remain in the closed-to-navigation position from 7:01 p.m.
on March 12, 2018, through 7 p.m., on March 26, 2018. The bridge has a
vertical clearance of 14 feet above mean high water in the close
position and unlimited clearance in the open position. The current
operating schedule is set out in 33 CFR 117.5.
    The Beach Thorofare is used by a variety of vessels including
recreational vessels. The Coast Guard has carefully coordinated the
restrictions with waterway users in publishing this temporary
deviation.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies
and there is no immediate alternative route for vessels unable to pass
through the bridge in the closed position. The Coast Guard will also
inform the users of the waterways through our Local and Broadcast
Notices to Mariners of the change in operating schedule for the bridge
so that vessel operators can arrange their transit

to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 12, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-05297 Filed 3-14-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices]
[Page 56096-56097]
[DOCID:fr15se10-66]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8845-1]

Access to Confidential Business Information by Industrial
Economics Incorporated

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized contractor, Industrial Economics
Incorporated (IEI) of Cambridge, MA, to access information which has
been submitted to EPA under all sections of the Toxic Substances
Control Act (TSCA). Some of the information may be claimed or
determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than
September 22, 2010.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address: Scott<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2003-0004. All documents
in the docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    Under Contract Number GS-10F-0061N, Order Number EP10H000898,
contractor IEI of 2067 Massachusetts Avenue, Cambridge, MA, will assist
the Office of Pollution Prevention and Toxics (OPPT) in preparing
financial analysis of the firms, individuals, and organizations that
are the subject of EPA enforcement actions taken under TSCA.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
Contract Number GS-10F-0061N, Order Number EP10H000898, IEI will
require access to CBI submitted to EPA under all sections of TSCA to
perform successfully the duties specified under the contract. IEI

personnel will be given access to information submitted to EPA under
all sections of TSCA.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide IEI access to these CBI
materials on a need-to-know basis only. All access to TSCA CBI under
this contract will take place at EPA Headquarters and IEI's site
located in Cambridge, MA, in accordance with EPA's TSCA CBI Protection
Manual.
    Access to TSCA data, including CBI, will continue until February
28, 2015. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    IEI personnel will be required to sign nondisclosure agreements and
will be briefed on appropriate security procedures before they are
permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: September 9, 2010.
Matthew Leopard,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2010-22999 Filed 9-14-10; 8:45 am]
BILLING CODE 6560-50-S


Sent:		January 3, 2017
From: 		Carmichael, Lea
To:		[Addressees]
Subject:	Renewal of Information Collection Request for the EPA Worker Protection Rule

Good afternoon,

On January 3, 2017, the U.S. Environmental Protection Agency (EPA) published a Notice in the Federal Register entitled:  Agency Information Collection Activities; Proposals, Submissions, and Approvals. This Notice explains EPA's intention to request renewed Office of Management and Budget (OMB) clearance of an information collection related to reporting and/or recordkeeping requirements under the EPA Worker Protection Rule. You can access the Federal Register notice at https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0264-0001.

The Worker Protection Rule incorporates Occupational Safety and Health Administration (OSHA) asbestos standards, which require employers to protect employees from asbestos exposure, and extends those requirements to states without an OSHA approved plan in order to provide the same protections for state and local government employees. On November 15, 2000, EPA finalized the revision of the Asbestos Worker Protection Rule. As required by OMB, EPA is required to renew its ability to collect such information every three years.

In addition to public notice and comment, OMB regulations at 5 CFR 1320.8(d)(1)) require agencies to consult with potential respondents and data users about specific aspects of an information collection request (ICR) before submitting it to OMB for review and approval, regardless, in the case of ICR renewals, of whether changes have or have not been made to the collection activity. As part of this required consultation, I am contacting you to solicit your input. Please note that if you take this opportunity to provide input, your name, affiliation, e-mail address, phone number and any information you provide (e.g., copies of e-mails) will be incorporated and attached to the ICR supporting statement, which will be a public document. Additionally, the OMB Desk Examiner for this ICR may contact you to verify the accuracy of any comments EPA identifies.

EPA solicits your input on the following questions:

1.	Are the data that EPA seeks under this ICR available from any public source or already collected by another EPA office or by another agency? If so, where can the data be found?

2.	Is it clear what is required for data submission?  If not, can you provide any suggestions for clarifying instructions?

3.	Would you be interested in an electronic data submission option?  If so, which type of alternative would you most likely utilize?

4.	For electronic submission, how should signature requirements be handled?

5.	How does the Toxic Substances Control Act (TSCA) Confidential Business Information (CBI) affect your choice or use of an electronic medium? Would you be more inclined to submit TSCA CBI electronically than on paper, and if so, what benefits would you realize (e.g., burden reduction, greater efficiency in compiling information, etc.)?

6.	Do you agree with EPA's estimated burden and costs (the ICR addresses only the costs associated with paperwork)? Are the Bureau of Labor Statistics (BLS) labor rates accurate?  If you consider the BLS labor rates used by EPA to be inaccurate or inappropriate, explain your rationale.

If you have any comments in response to the above questions, or with respect to any other part of the information collection, they would be greatly appreciated.

Please respond via return e-mail no later than February 15, 2017. EPA will consider your feedback, as well as any public comments received in response to the Federal Register Notice identified above, in preparing a final document for OMB review.

Thank you in advance for your assistance and participation.

Sincerely,

Lea Carmichael, Environmental Protection Specialist
National Program Chemicals Division
Office of Prevention, Pesticides and Toxic Substances
U.S. Environmental Protection Agency
202-564-4689


[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Page 43646]
[FR Doc No: 2023-14466]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0125; FMCSA-2014-0102; FMCSA-2014-0106; FMCSA-
2014-0107; FMCSA-2014-0383; FMCSA-2014-0384; FMCSA-2015-0326; FMCSA-
2018-0138]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 13
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on June 17, 2023. The exemptions
expire on June 17, 2025.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2013-0125, FMCSA-2014-0102, FMCSA-2014-0106, FMCSA-2014-
0107, FMCSA-2014-0383, FMCSA-2014-0384, FMCSA-2015-0326, or FMCSA-2018-
0138) in the keyword box and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On May 24, 2023, FMCSA published a notice announcing its decision
to renew exemptions for 13 individuals from the hearing standard in 49
CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested
comments from the public (88 FR 33661). The public comment period ended
on June 23, 2023, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 13 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41(b)(11).
    As of June 17, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 33662):

Kevin Ballard (TX)
Herbert Crowe (MO)
Mark Dickson (TX)
Jacob Gadreault (MA)
David Garland (ME)
Lane Grover (IN)
Paul Langlois (OH)
Billie Jo Martinez (TX)
David Shores (NC)
Kirk Soneson (OH)
James Thomason (MO)
Ramarr Wadley (PA)
Jeffrey Webber (OK)

    The drivers were included in docket numbers FMCSA-2013-0125, FMCSA-
2014-0102, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2014-0383, FMCSA-
2014-0384, FMCSA-2015-0326, or FMCSA-2018-0138. Their exemptions were
applicable as of June 17, 2023 and will expire on June 17, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-14466 Filed 7-7-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Proposed Rules]
[Pages 13843-13846]
[FR Doc No: 2019-06793]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0193; Product Identifier 2018-NM-159-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2018-22-
13, which applies to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2018-22-13 requires revising the airplane flight manual
(AFM) to provide the flightcrew with updated procedures related to
inboard aileron fault operations. Since we issued AD 2018-22-13, we
have determined that additional actions are necessary to address the
unsafe condition and that additional airplanes are subject to the
unsafe condition. This proposed AD would also require modifying the
electronic centralized aircraft monitoring (ECAM) procedures by
installing an Airbus Temporary Quick Change (ATQC) and activating an
ECAM temporary change (ETC). We are proposing this AD to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by May 23, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS,

Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0193; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0193;
Product Identifier 2018-NM-159-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued AD 2018-22-13, Amendment 39-19486 (83 FR 55617, November
7, 2018) (``AD 2018-22-13''), for certain Airbus SAS Model A350-941 and
-1041 airplanes. AD 2018-22-13 requires revising the AFM to provide the
flightcrew with updated procedures related to inboard aileron fault
operations. AD 2018-22-13 was prompted by a technical issue detected on
the inboard aileron electro-hydrostatic actuators that caused potential
erroneous monitoring of those actuators. We issued AD 2018-22-13 to
address possible in-flight loss of inboard aileron control, consequent
increased fuel consumption due to the resulting drag, and reduced
control or performance of the airplane if one engine is also
inoperative.

Actions Since AD 2018-22-13 Was Issued

    When we issued AD 2018-22-13, we stated that it was an interim
action and we were considering additional rulemaking to require
installing two different ATQCs to modify the ECAM procedures. We have
determined that requiring those additional actions is necessary to
address the identified unsafe condition. In addition, the European
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union, revised EASA AD 2018-0213, dated
October 1, 2018 (which corresponds to AD 2018-22-13). The EASA AD
revision added airplanes to the applicability. Although none of those
additional airplanes are currently on the U.S. registry, they might be
added in the future, and we have included them in the applicability of
this proposed AD.
    EASA has issued EASA AD 2018-0213R1, dated November 9, 2018
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Airbus SAS Model A350-941 and -1041 airplanes. The MCAI states:

    A technical issue was detected on the inboard aileron electro-
hydrostatic actuators, causing potential erroneous monitoring of
those actuators. Consequently, in-flight loss of inboard aileron
control may occur, which, due to the resulting drag, would lead to
increased fuel consumption.
    This condition, if not corrected, and if combined with one
engine inoperative, could result in reduced control or performance
of the aeroplane.
    To address this potential unsafe condition, Airbus issued the
AFM [airplane flight manual] TR [temporary revision] and Flight
Operations Transmission (FOT) 999.0062/18, informing operators that
Airbus provides two different Airbus Temporary Quick Changes (ATQC)
to the Electronic Centralized Aircraft Monitoring (ECAM), depending
on the installed FWS [flight warning system] standard, either STD
[standard] S4/2.0 or STD S5/2.2, as applicable, and issued the
applicable SB [service bulletin] accordingly, providing modification
instructions.
    For the reasons described above, this [EASA] AD requires
amendment of the applicable AFM and installation of ATQC V4,
followed by ECAM Temporary Change (ETC) activation, to update the
procedures related to inboard aileron fault operations. This AD is
considered to be an interim action and further AD action may follow.
    This [EASA] AD is revised to amend the Applicability and correct
some additional (minor) errors.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0193.

Related Service Information Under 1 CFR Part 51

    Airbus issued Airbus A350 Temporary Revision (TR) 113, Issue 1.0,
dated August 17, 2018, which provides updated procedures related to
inboard aileron fault operations.
    Airbus also issued the following service information:
    Service Bulletin A350-31-P028, dated September 17, 2018, describes
procedures for installing ATQC standard V4 for FWS standard S4/2.0.
    Service Bulletin A350-31-P029, dated September 17, 2018, describes
procedures for installing ATQC standard V4 for FWS standard S5/2.2.
    Service Bulletin A350-31-P030, dated September 17, 2018, describes
procedures for activating ECAM temporary change code No. 27AF.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all requirements of AD 2018-22-13 and
require accomplishing the actions specified in the service information
described previously.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S.
registry. We

estimate the following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-22-13  1 work-hour x $85 per hour               $0             $85            $935
                                      = $85.
New proposed actions...............  4 work-hours x $85 per hour               0             340           3,740
                                      = $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, we have included all known costs in
our cost estimate.

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    3. Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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)
2018-22-13, Amendment 39-19486 (83 FR 55617, November 7, 2018), and
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0193; Product Identifier 2018-NM-
159-AD.

(a) Comments Due Date

    We must receive comments by May 23, 2019.

(b) Affected ADs

    This AD replaces AD 2018-22-13, Amendment 39-19486 (83 FR 55617,
November 7, 2018) (``AD 2018-22-13'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, except those on which
Airbus modifications 113758 and 113759 have been embodied in
production.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a technical issue detected on the
inboard aileron electro-hydrostatic actuators that caused potential
erroneous monitoring of those actuators. We are issuing this AD to
address possible in-flight loss of inboard aileron control,
consequent increased fuel consumption due to the resulting drag, and
reduced control or performance of the airplane if one engine is also
inoperative.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Revision of Airplane Flight Manual (AFM), With Revised
Compliance Language

    This paragraph restates the requirements of paragraph (g) of AD
2018-22-13, with revised compliance language. At the applicable time
specified in paragraph (g)(1) or (g)(2) of this AD, revise the
Abnormal Procedures section of the AFM to include the information in
Airbus A350 Temporary Revision (TR) 113, Issue 1.0, dated August 17,
2018, which introduces updated procedures related to inboard aileron
fault operations. This may be done by inserting a copy of TR 113,
Issue 1.0, dated August 17, 2018, into the AFM. When TR 113, Issue
1.0, dated August 17, 2018, has been included in general revisions
of the AFM, the general revisions may be inserted into the AFM,
provided the relevant information in the general revisions is
identical to that in TR 113, Issue 1.0, dated August 17, 2018, and
the TR may be removed. Operate the airplane according to the
procedures in TR 113, Issue 1.0, dated August 17, 2018. In case any
discrepancy is identified between procedures displayed on the
electronic centralized aircraft monitoring (ECAM) and procedures
stated in the applicable AFM, the AFM procedures prevail.
    (1) For airplanes modified by Airbus modifications 113758 and
113760: Within 30 days after the effective date of this AD
    (2) For airplanes not identified in paragraph (g)(1) of this AD:
Within 30 days after November 23, 2018 (the effective date of AD
2018-22-13).

(h) New Requirement of This AD: Modification

    Within 6 months after the effective date of this AD, do the
actions specified in paragraphs (h)(1) and (h)(2) of this AD.

    (1) Install the Airbus Temporary Quick Change (ATQC) as
specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD, as
applicable.
    (i) For airplanes with flight warning system (FWS) standard S4/
2.0: Install ATQC standard V4 for FWS standard S4/2.0, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A350-31-P028, dated September 17, 2018.
    (ii) For airplanes with FWS standard S5/2.2: Install ATQC
standard V4 for FWS standard S5/2.2, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A350-31-P029,
dated September 17, 2018.
    (2) Activate ECAM temporary change code No. 27AF, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A350-31-P030, dated September 17, 2018.

(i) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2018-22-13 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the European Aviation Safety Agency (EASA); or
Airbus SAS's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0213R1, dated November 9, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0193.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-06793 Filed 4-5-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25561-25563]
[FR Doc No: 2018-11922]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0251]
RIN 1625-AA08

Special Local Regulation; Great Western Tube Float; Parker, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the location of the
special local regulation for the annual Great Western Tube Float event
held on the navigable waters of the Colorado River, Parker, AZ. The
change of the location for the special local regulation is necessary to
provide for the safety of life on navigable waters during the event.
This action will restrict vessel traffic in certain waters of the
Colorado River, from 7 a.m. to 5 p.m. on June 9, 2018, from Buckskin
Mountain State Park to La Paz County Park.

DATES: This rule is effective from 7 a.m. through 5 p.m. on June 9,
2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0251 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Briana Biagas, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7656, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
SMIB Safety Marine Information Broadcast
TFR Temporary Final Rule

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. Due
to the timing of the event, we are unable to issue a NPRM before the
event is scheduled.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. This rule is necessary
for the safety of life during the event on these navigable waters. For
the reasons above, including the timing of the event, it would be
impracticable to delay this rule to provide a full 30 days notice.

III. Legal Authority and Need for Rule

    The Great Western Tube Float is an annual recurring event listed in
Table 1, Item 9 of 33 CFR 100.1102, Annual Marine Events on the
Colorado River, between Davis Dam (Bullhead City, Arizona) and Headgate
Dam (Parker, Arizona). Special local regulations exist for the marine
event to allow for special use of the Colorado River, Parker, AZ for
this event.
    Section 100.1102 of Title 33 of the CFR lists the annual marine
events and special local regulations on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
The enforcement date and regulated location for this marine event are
listed in Table 1, Item 9 of Section 100.1102. The location listed in
the Table indicates that the marine event will occur on the navigable
waters of the Colorado River from La Paz County Park to the BlueWater
Resort and Casino, immediately before the Headgate Dam. However, due to
a change of the location of this year's event from Buckskin Mountain
State Park to La Paz County Park, a temporary rule is needed to reflect
the actual location of this year's event.
    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233, which authorizes the Coast Guard to establish and define special
local regulations. The COTP San Diego is establishing a special local
regulation for the waters of the Colorado River, Parker, AZ. The
purpose of this rule is to ensure safety of participants, vessels and
the navigable waters in the regulated area before, during, and after
the scheduled event.

IV. Discussion of the Rule

    The Coast Guard is temporarily suspending the regulations in 33 CFR
100.1102 for Table 1, Item 9 of that Section and is inserting a
temporary regulation as Table 1, Item 20 of that Section in order to
reflect that the special local regulation will be effective and
enforced from 7:00 a.m. to 5:00 p.m. on June 9, 2018. This change is
needed to accommodate the sponsor's event plan and ensure that adequate
regulations are in place to protect the safety of vessels and
individuals that may be present in the regulated area. No other portion
of Table 1 of Section 100.1102 or other provisions in Section 100.1102
shall be affected by this regulation.
    Persons and vessels will be prohibited from anchoring, blocking,
loitering, or impeding within this regulated waterway unless authorized
by the COTP, or his designated representative, during the proposed
times. Additionally, movement of all vessels within the regulated area
and entry of all vessels into the regulated area will be restricted.
Before the effective period, the Coast Guard will publish information
on the event in the weekly LNM.

V. Regulatory Analysis

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
The Coast Guard will publish a LNM that details the vessel restrictions
of the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the impacted portion of the Colorado
River, Parker, AZ, from 7:00 a.m. to 5:00 p.m. on June 9, 2018.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reason: The
special local regulation is limited in size and duration. Before the
effective period, the Coast Guard will publish event information on the
internet in the weekly LNM marine information report. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rule would have a significant economic
impact on it,

please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that it is consistent with the fundamental federalism principles and
preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves establishment of marine event special local regulations
on the navigable waters of the Colorado River. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233

0
2. In Sec.  100.1102, in Table 1 to Sec.  100.1102, suspend item ``9''
and add item ``20'' to read as follows:

Sec.  100.1102  Annual Marine Events on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

* * * * *

                       Table 1 to Sec.   100.1102
------------------------------------------------------------------------

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

                                * * * * *
------------------------------------------------------------------------
                      20. Great Western Tube Float
------------------------------------------------------------------------
Sponsor...................................  City of Parker, AZ.
Event Description.........................  River float.
Date......................................  June 9, 2018.
Location..................................  Parker, AZ.
Regulated Area............................  The navigable waters of the
                                             Colorado River from
                                             Buckskin Mountain State
                                             Park to La Paz County Park.
------------------------------------------------------------------------

    Dated: May 11, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2018-11922 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Notices]
[Page 11747]
[DOCID:fr19mr09-78]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1818-DR; Docket ID FEMA-2008-0018]

Kentucky; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-1818-DR), dated February 5,
2009, and related determinations.

DATES: Effective Date: March 9, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of February 5, 2009.

    Anderson, Ballard, Barren, Bath, Bourbon, Boyd, Boyle, Bracken,
Breathitt, Breckinridge, Bullitt, Butler, Caldwell, Calloway,
Campbell, Carlisle, Carroll, Carter, Christian, Clark, Crittenden,
Daviess, Edmonson, Elliott, Estill, Fayette, Fleming, Floyd,
Franklin, Fulton, Garrard, Grant, Graves, Grayson, Green, Greenup,
Hardin, Harrison, Hart, Henderson, Hickman, Hopkins, Jackson,
Jefferson, Jessamine, Johnson, Larue, Lawrence, Lee, Lewis, Lincoln,
Livingston, Logan, Lyon, Madison, Magoffin, Marion, Marshall,
Martin, Mason, McCracken, McLean, Meade, Menifee, Mercer, Metcalfe,
Montgomery, Morgan, Muhlenberg, Nelson, Nicholas, Ohio, Oldham,
Owen, Owsley, Pendleton, Powell, Robertson, Rockcastle, Rowan,
Scott, Shelby, Spencer, Todd, Trigg, Union, Warren, Washington,
Webster, and Woodford Counties for Public Assistance [Categories C-
G], (already designated for debris removal and emergency protective
measures (Categories A and B), including direct Federal Assistance,
under the Public Assistance program.
    Boone, Casey, Gallatin, Hancock, Henry, Kenton, Simpson, Taylor,
Trimble, and Wolfe Counties for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-6003 Filed 3-18-09; 8:45 am]

BILLING CODE 9111-23-P