[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38097-38101]
[FR Doc No: 2019-16638]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2002-11714; FMCSA-
2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-20560;
FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27333;
FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2009-0054;
FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0010; FMCSA-2011-0024;
FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0022;
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029;
FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053;
FMCSA-2015-0055; FMCSA-2016-0033; FMCSA-2016-0207; FMCSA-2016-0212;
FMCSA-2016-0214; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-0016;
FMCSA-2017-0019; FMCSA-2017-0020]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 126
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before September
4, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2001-9258; FMCSA-2001-9561;
FMCSA-2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268;
FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663;
FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2008-0106;
FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0010;
FMCSA-2011-0024; FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141;
FMCSA-2013-0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028;
FMCSA-2013-0029; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0302;
FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052;
FMCSA-2015-0053; FMCSA-2015-0055; FMCSA-2016-0033; FMCSA-2016-0207;
FMCSA-2016-0212; FMCSA-2016-0214; FMCSA-2016-0377; FMCSA-2017-0014;
FMCSA-2017-0016; FMCSA-2017-0019; or FMCSA-2017-0020 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2002-11714;
FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-20560;
FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27333;
FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2009-0054;
FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0010; FMCSA-2011-0024;
FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-

0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-
0029; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-
0304; FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-
0053; FMCSA-2015-0055; FMCSA-2016-0033; FMCSA-2016-0207; FMCSA-2016-
0212; FMCSA-2016-0214; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-
0016; FMCSA-2017-0019; or FMCSA-2017-0020), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so that FMCSA can contact you if there are
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2002-
11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-
2005-20560; FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-
2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-
2009-0054; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0010; FMCSA-
2011-0024; FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-
2013-0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-
2014-0304; FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-
2015-0053; FMCSA-2015-0055; FMCSA-2016-0033; FMCSA-2016-0207; FMCSA-
2016-0212; FMCSA-2016-0214; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-
2017-0016; FMCSA-2017-0019; or FMCSA-2017-0020, in the keyword box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2002-
11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-
2005-20560; FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-
2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-
2009-0054; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0010; FMCSA-
2011-0024; FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-
2013-0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-
2014-0304; FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-
2015-0053; FMCSA-2015-0055; FMCSA-2016-0033; FMCSA-2016-0207; FMCSA-
2016-0212; FMCSA-2016-0214; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-
2017-0016; FMCSA-2017-0019; or FMCSA-2017-0020, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds that such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 126 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 126 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 66 FR 17743; 66 FR
30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 67 FR 37907; 67 FR 76439;
68 FR 10298; 68 FR 19598; 68 FR 33570; 68 FR 35772;

68 FR 37197; 68 FR 44837; 68 FR 48989; 69 FR 26206; 70 FR 7545; 70 FR
17504; 70 FR 25878; 70 FR 30997; 70 FR 30999; 70 FR 33937; 70 FR 41811;
70 FR 42615; 70 FR 46567; 71 FR 26601; 71 FR 26602; 72 FR 7812; 72 FR
8417; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093;
72 FR 32703; 72 FR 32705; 72 FR 36099; 72 FR 39879; 72 FR 40359; 72 FR
40360; 72 FR 40362; 72 FR 52419; 73 FR 27017; 73 FR 36955; 74 FR 11988;
74 FR 15586; 74 FR 19267; 74 FR 19270; 74 FR 20253; 74 FR 21427; 74 FR
23472; 74 FR 26461; 74 FR 26464; 74 FR 26466; 74 FR 28094; 74 FR 34074;
74 FR 34395; 74 FR 34630; 74 FR 34632; 75 FR 27621; 75 FR 36779; 75 FR
66423; 75 FR 72863; 76 FR 2190; 76 FR 9856; 76 FR 17481; 76 FR 20076;
76 FR 21796; 76 FR 25762; 76 FR 28125; 76 FR 29022; 76 FR 29026; 76 FR
32016; 76 FR 32017; 76 FR 37168; 76 FR 37169; 76 FR 37173; 76 FR 40445;
76 FR 44082; 76 FR 44652; 76 FR 44653; 76 FR 49531; 76 FR 50318; 76 FR
53710; 77 FR 27849; 77 FR 38384; 77 FR 74273; 78 FR 12815; 78 FR 14410;
78 FR 18667; 78 FR 20376; 78 FR 22596; 78 FR 22602; 78 FR 24300; 78 FR
24798; 78 FR 27281; 78 FR 30954; 78 FR 32703; 78 FR 32708; 78 FR 34141;
78 FR 34143; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 78 FR
52602; 78 FR 56993; 78 FR 57679; 79 FR 4531; 79 FR 35212; 79 FR 35218;
79 FR 47175; 79 FR 51643; 79 FR 64001; 79 FR 73687; 80 FR 12248; 80 FR
14223; 80 FR 16500; 80 FR 16502; 80 FR 18696; 80 FR 22773; 80 FR 25766;
80 FR 25768; 80 FR 26320; 80 FR 29149; 80 FR 29152; 80 FR 29154; 80 FR
31635; 80 FR 31636; 80 FR 31957; 80 FR 33007; 80 FR 33011; 80 FR 35699;
80 FR 36395; 80 FR 36398; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR
41548; 80 FR 44185; 80 FR 44188; 80 FR 45573; 80 FR 48404; 80 FR 48413;
80 FR 62161; 80 FR 62163; 81 FR 59266; 81 FR 70248; 81 FR 74494; 81 FR
80161; 81 FR 86063; 81 FR 90046; 81 FR 91239; 82 FR 12678; 82 FR 12683;
82 FR 13045; 82 FR 13048; 82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR
18954; 82 FR 18956; 82 FR 26224; 82 FR 28734; 82 FR 32919; 82 FR 33542;
82 FR 34564; 82 FR 35043; 82 FR 37499; 82 FR 47296). They have
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption requirements. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of August
and are discussed below. As of August 8, 2019, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 65 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (66 FR
30502; 66 FR 41654; 67 FR 15662; 67 FR 37907; 67 FR 76439; 68 FR 10298;
68 FR 19598; 68 FR 33570; 68 FR 44837; 69 FR 26206; 70 FR 7545; 70 FR
17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 71 FR 26601; 71 FR 26602;
72 FR 7812; 72 FR 8417; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR
27624; 72 FR 28093; 72 FR 32703; 72 FR 36099; 72 FR 39879; 72 FR 40362;
72 FR 52419; 73 FR 27017; 73 FR 36955; 74 FR 11988; 74 FR 15586; 74 FR
19267; 74 FR 19270; 74 FR 20253; 74 FR 21427; 74 FR 23472; 74 FR 26461;
74 FR 26466; 74 FR 28094; 74 FR 34395; 74 FR 34630; 75 FR 27621; 75 FR
36779; 75 FR 66423; 75 FR 72863; 76 FR 2190; 76 FR 9856; 76 FR 17481;
76 FR 20076; 76 FR 21796; 76 FR 25762; 76 FR 28125; 76 FR 29022; 76 FR
29026; 76 FR 32016; 76 FR 32017; 76 FR 37168; 76 FR 37173; 76 FR 44082;
76 FR 44652; 77 FR 27849; 77 FR 38384; 77 FR 74273; 78 FR 12815; 78 FR
14410; 78 FR 18667; 78 FR 20376; 78 FR 22596; 78 FR 22602; 78 FR 24300;
78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 32703; 78 FR 32708; 78 FR
34141; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 78 FR 56993;
78 FR 57679; 79 FR 35212; 79 FR 35218; 79 FR 47175; 79 FR 51643; 79 FR
64001; 79 FR 73687; 80 FR 12248; 80 FR 14223; 80 FR 16500; 80 FR 16502;
80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 25768; 80 FR 26320; 80 FR
29149; 80 FR 29152; 80 FR 29154; 80 FR 31635; 80 FR 31636; 80 FR 31957;
80 FR 33007; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR
37718; 80 FR 45573; 80 FR 48404; 80 FR 48413; 81 FR 59266; 81 FR 70248;
81 FR 74494; 81 FR 80161; 81 FR 86063; 81 FR 90046; 81 FR 91239; 82 FR
12678; 82 FR 12683; 82 FR 13045; 82 FR 13048; 82 FR 15277; 82 FR 17736;
82 FR 18949; 82 FR 18954; 82 FR 18956; 82 FR 26224; 82 FR 28734; 82 FR
32919; 82 FR 33542; 82 FR 37499):

Joshua A. Akshar (NY)
Dakota A. Albrecht (MN)
James C. Barr (OH)
Russell A. Bolduc (CT)
Steven R. Brinegar (TX)
Ryan L. Brown (IL)
Bernabe V. Cerda (TX)
Don A. Clymer (PA)
Dennis W. Cosens (NM)
William T. Costie (NY)
Paul W. Dawson (CO)
Everett A. Doty (AZ)
Timothy H. DuBois (MN)
Eric Esplin (UT)
Raymond C. Favreau (VT)
Kevin M. Finn (NY)
William B. Friend (MD)
Greg E. Gage (IA)
Odus P. Gautney (TX)
Dale R. Goodell (SD)
Edward J. Grant (IL)
Ramon L. Green (LA)
Jose J. Guzman-Olguin (IL)
Johnnie L. Hall (MD)
Gary D. Hallman (AL)
Daniel L. Holman (UT)
Tommy T. Hudson (VA)
David A. Inman (IN)
Joseph M. Jones (ID)
Harry L. Jones (OH)
James J. Keranen (MI)
Cody A. Keys (OK)
David J. Kibble (PA)
Thomas Korycki (NJ)
Larry G. Kreke (IL)
Michael Lafferty (ID)
Ryan P. Lambert (UT)
David C. Leoffler (CO)
Emanuel N. Malone (VA)
James McClure (NC)
Steven J. McLain (TN)
Zagar E. Melvin (NJ)
Daniel R. Murphy (WI)
Travis W. Neiwert (ID)
Armando F. Pederoso Jimenez (MN)
Donald W. Randall (OR)
Scott K. Richardson (OH)
Elvis E. Rogers, Jr. (TX)
Leo D. Roy (NH)
Antonio Sanchez (NJ)
Jose C. Sanchez-Sanchez (WY)
Tim M. Seavy (IN)
Raymond Sherrill (PA)
Kyle C. Shover (NJ)
Rick J. Smart (NH)
Bill J. Thierolf (NE)
Steven L. Thomas (IN)
David R. Thomas (AL)
Eric M. Turton (NY)
Roy J. Ware (GA)
Marcus R. Watkins (TX)
Paul C. Weiss (PA)
Daniel A. Wescott (CO)
James Whiteway (TX)
Edward A. Ziehlke (WI)

    The drivers were included in docket numbers FMCSA-2001-9561; FMCSA-
2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2005-20560;
FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27333; FMCSA-2007-27515;
FMCSA-2007-27897; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2009-0054;
FMCSA-2009-0121; FMCSA-2010-

0354; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0102; FMCSA-2013-
0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-
0006; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-
0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0033; FMCSA-2016-
0207; FMCSA-2016-0212; FMCSA-2016-0214; FMCSA-2016-0377; FMCSA-2017-
0014; FMCSA-2017-0016. Their exemptions are applicable as of August 8,
2019, and will expire on August 8, 2021.
    As of August 10, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (66 FR 17743; 66 FR 33990; 68 FR
35772; 70 FR 30999; 70 FR 33937; 70 FR 46567; 72 FR 32705; 72 FR 40359;
74 FR 26464; 74 FR 34074; 76 FR 44653; 79 FR 4531; 80 FR 41547; 82 FR
32919): Donald M. Jenson (SD); Dennis D. Lesperance (OR); and Carl V.
Murphy, Jr. (TX)
    The drivers were included in docket numbers FMCSA-2001-9258; FMCSA-
2005-21254. Their exemptions are applicable as of August 10, 2019, and
will expire on August 10, 2021.
    As of August 12, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 37169; 76 FR 50318; 79 FR
4531; 80 FR 41548; 82 FR 32919):

Danny F. Burnley (KY)
Sean R. Conorman (MI)
Robert E. Graves (NE)
Terrence F. Ryan (FL)

    The drivers were included in docket number FMCSA-2011-0140. Their
exemptions are applicable as of August 12, 2019, and will expire on
August 12, 2021.
    As of August 13, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 40122; 80 FR 62163; 82 FR
32919):

William D. Cherry (MA)
Pedro Del Bosque (TX)
Anthony C. DeNaples (PA)
Edward Dugue III (NC)
Larry R. Hayes (KS)
Wayne E. Jakob (IL)
Earney J. Knox (MO)
James Smentkowski (NJ)
Neil G. Sturges (NY)
Norman G. Wooten (TX)
Kurt A. Yoder (OH)

    The drivers were included in docket number FMCSA-2015-0053. Their
exemptions are applicable as of August 13, 2019, and will expire on
August 13, 2021.
    As of August 15, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (66 FR 30502; 66 FR 41654; 68 FR
37197; 68 FR 44837; 68 FR 48989; 70 FR 41811; 70 FR 42615; 72 FR 40360;
74 FR 34632; 76 FR 49531; 79 FR 4531; 80 FR 44185; 82 FR 32919):

Steven P. Holden (MD)
Christopher G. Jarvela (MI)
Brad L. Mathna (PA)
Vincent P. Miller (CA)
Warren J. Nyland (MI)
Wesley E. Turner (TX)
Mona J. Van Krieken (OR)
Paul S. Yocum (IN)

    The drivers were included in docket numbers FMCSA-2001-9561; FMCSA-
2003-15268. Their exemptions are applicable as of August 15, 2019, and
will expire on August 15, 2021.
    As of August 23, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 34143; 78 FR 52602; 82 FR
32919):

Twila G. Cole (OR)
Brian D. Dowd (MA)
Randy L. Fales (MN)
Marc C. Grooms (MO)
Craig M. Mahaffey (OH)
Rickey H. Reeder (TN)
Michael L. Sherum (AL)
Dale A. Torkelson (WI)
Desmond Waldor (PA)

    The drivers were included in docket number FMCSA-2013-0029. Their
exemptions are applicable as of August 23, 2019, and will expire on
August 23, 2021.
    As of August 25, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 44188; 80 FR 62161; 82 FR
32919; 82 FR 34564; 82 FR 47296):

Harold D. Albrecht (IL)
Robert F. Anneheim (NC)
Ray C. Atkinson (TN)
Joseph W. Bahr (NJ)
Stephen C. Brueggeman (KY)
Robert J. Falanga (FL)
Refugio Haro (IL)
Kevin L. Harrison (TN)
Duane S. Lozinski (IA)
Keith W. McNabb (ID)
Ronald W. Neujahr (KS)
Robert E. Richards (ME)
Thomas E. Riley (NJ)
James R. Robinette (VA)
Rick R. Warner (MI)
Theodore A. White (PA)

    The drivers were included in docket numbers FMCSA-2015-0055; FMCSA-
2017-0020. Their exemptions are applicable as of August 25, 2019, and
will expire on August 25, 2021.
    As of August 29, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 40445; 76 FR 53710; 79 FR
4531; 82 FR 32919; 82 FR 35043):

Thomas A. Barber (NC)
Patrick J. Conner (OK)
Jay D. Diebel (MI)
Danny G. Goodman (TX)
Randy N. Grandfield (VT)
James Howard (CA)
Edgar A. Ideler (IL)
Ramon Melendez (NJ)
John J. Tilton (NH)
Randy D. VanScoy (IA)

    The drivers were included in docket numbers FMCSA-2011-0141; FMCSA-
2017-0019. Their exemptions are applicable as of August 29, 2019, and
will expire on August 29, 2021.

V. Conditions and Requirements

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

Federal, State, or local enforcement official. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

VI. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 126 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: July 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-16638 Filed 8-2-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36817-36819]
[FR Doc No: 2019-16193]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0586]
RIN 1625-AA00

Safety Zone; Allegheny River Mile 43.5 to Mile 45.5, Kittanning,
PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Allegheny River from Mile 43.5 to Mile 45.5.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a high speed boat race.
Entry of vessels or persons into this zone is prohibited

unless specifically authorized by Captain of the Port Marine Safety
Unit Pittsburgh or a designated representative.

DATES: This rule is effective from 8:30 a.m. on August 16, 2019 through
8:30 p.m. on August 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0586 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 MST2 Charles Morris, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

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 it is impracticable. After receiving
and fully reviewing the event information, circumstances and exact
location, the Coast Guard determined that a safety zone was necessary
to protect personnel, vessels, and the marine environment from
potential hazards created from a high speed boat race. It would be
impracticable to complete the full NPRM process for this safety zone
because we need to establish it by August 16, 2019 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine
Safety Unit Pittsburgh (COTP) has determined that a safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created from high speed boat race.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 a.m. on August 16,
2019 through 8:30 p.m. on August 18, 2019, to be enforced from 8:30
a.m. through 8:30 p.m. each day. The safety zone will cover all
navigable waters on the Allegheny River from Mile 43.5 to Mile 45.5.
    No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of the COTP. To seek permission to enter, contact the COTP or a
designated representative via VHF-FM channel 16, or through Marine
Safety Unit Pittsburgh at<PHONE_NUMBER>. Persons and vessels permitted
to enter the safety zone must comply with all lawful orders or
directions issued by the COTP or designated representative. The COTP or
a designated representative will inform the public of the effective
period for the safety zone as well as any changes in the dates and
times of enforcement through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs), as appropriate.

V. Regulatory Analyses

    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

    Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts a
two-mile stretch of the Allegheny River for a duration of twelve hours
on each of three days. Vessel traffic can seek permission to transit
the zone. Moreover, the Coast Guard will issue LNMs, MSIBs, and BNMs
via VHF-FM marine channel 16 about the zone .

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 a temporary safety zone lasting twelve
hours on each of three days that will prohibit entry on the Allegheny
River from Mile 43.5 to Mile 45.5, during the high speed boat race
event. It is categorically excluded from further review under paragraph
L60(a) in Table Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1. 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 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0586 to read as follows:

Sec.  165.T08-0586  Safety Zone; Allegheny River from Mile 43.5 to Mile
45.5, Kittanning, PA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Allegheny River from Mile 43.5 to Mile 45.5
    (b) Effective period. This section is effective from 8:30 a.m. on
August 16, 2019 through 8:30 p.m. on August 18, 2019. It will be
enforced from 8:30 a.m. through 8:30 p.m. each day.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
the COTP.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. To seek permission to enter, contact the COTP or a
designated representative via VHF-FM channel 16, or through Marine
Safety Unit Pittsburgh at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative.
    (d) Information broadcasts. The Captain COTP or a designated
representative will inform the public through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.

A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-16193 Filed 7-29-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68794-68797]
[FR Doc No: 2019-27114]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

Walking-Working Surfaces, Personal Protective Equipment (Fall
Protection Systems), and Special Industries (Electric Power Generation,
Transmission, and Distribution); Corrections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; corrections to standards.

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

SUMMARY: OSHA is issuing corrections to the Walking-Working Surfaces,
Personal Protective Equipment, and Special Industries standards.

DATES: The effective date for the corrections to the standards is
December 17, 2019.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    General and technical information: Mark Hagemann, Director, Office
of Safety Systems, OSHA Directorate of Standards and Guidance;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary and Explanation

Ladders (Sec.  1910.23)

    Current Sec.  1910.23(d)(4) requires employers to ensure that the
side rails of through or side-step ladders extend 42 inches above the
top of the access level or landing platform served by the ladder. As
stated in the preamble to the final rule, the agency intended workers
to have sufficient handholds ``at least 42 inches'' above the highest
level on which they will step when reaching the access level (81 FR
82494, 82542). OSHA is correcting this error by revising Sec.
1910.23(d)(4) to state that 42 inches is the minimum--not the exact--
measurement for fixed ladder side rail extensions.

Stairways (Sec.  1910.25)

    Current Sec.  1910.25(a) sets forth the types of stairways covered
under this section. These include all stairways except for stairs
serving floating roof tanks, stairs on scaffolds, stairs designed into
machines or equipment, and stairs on self-propelled motorized
equipment. In this correction, OSHA is clarifying that articulated
stairs, which were excluded from coverage by the rule adopted in 1971
(36 FR 10474), as well as by the rule proposed in 1990 (55 FR 13360,
13363), are not covered by the current standard. In the 2010 proposed
rule and the 2016 final rule, OSHA referred to these stairs as ``stairs
serving floating roof tanks'' but did not call them ``articulated
stairs.'' (75 FR 28862, 28882; 81 FR at 82555). OSHA is now clarifying
that all articulated stairs used in general industry, not just those
serving floating roof tanks, remain excluded from coverage by Sec.
1910.25. By not including this exception, the standard would require
all articulated stairs that do not serve floating roof tanks, including
those that were previously excluded, to meet the requirements set forth
in Sec.  1910.25. OSHA did not intend for any types of articulated
stairs to be covered by the standard.
    The figure at 29 CFR 1910.25(c) immediately after Table D-1 does
not have a title even though it is referred to as Figure D-8 in Sec.
1910.25(c)(4). The title of the figure was included in the proposed
rule (75 FR at 29137) but mistakenly left out of the final rule (81 FR
at 82989). This document adds the missing title to the figure: ``Figure
D-8--Dimensions of Standard Stairs''.

Scaffolds and Rope Descent Systems (Sec.  1910.27)

    In paragraph (b)(1)(i) of Sec.  1910.27, OSHA is correcting a
typographical error in the metric parenthetical for 5,000 pounds. The
parenthetical currently states the metric equivalent to 5,000 pounds is
268 kg. The correct metric equivalent is 2,268 kg.

Fall Protection Systems and Falling Object Protection--Criteria and
Practices (Sec.  1910.29)

    OSHA is correcting Figure D-11 to include labels identifying the
top rail and end post in the top diagram of the figure. The words ``top
rail'' and ``end post'' were mistakenly omitted when the final rule was
published in the Federal Register (81 FR at 82995).

Personal Fall Protection Systems (Sec.  1910.140)

    Current Sec.  1910.140(c)(8) requires D-rings, snaphooks, and
carabiners to be proof tested to a minimum tensile load of 3,600 pounds
without cracking, breaking, or incurring permanent deformation. The
provision also requires the gate strength of snaphooks and carabiners
to be proof tested to 3,600 pounds in all directions. In the November
18, 2016, final rule (81 FR at 82653), OSHA intended to be consistent
with the ANSI/ASSE Z359.12-2009 consensus standard, Connecting

Components for Personal Fall Arrest Systems. That consensus standard
requires snaphooks, carabiners, and D-rings (and other hardware) to be
proof tested to 3,600 pounds (ANSI/ASSE Z359.12-2009, section <IP_ADDRESS>)
and requires the gate of snaphooks and carabiners to be capable of
withstanding a minimum load of 3,600 pounds without the gate separating
from the nose of the snaphook or carabiner body by more than 0.125
inches (ANSI/ASSE Z359.12-2009, section <IP_ADDRESS>). OSHA correctly added
the first requirement to the 2016 final rule--namely the requirement
that snaphooks, carabiners, and D-rings be proof tested to 3,600
pounds. When it came to the gate strength requirement, OSHA mistakenly
added the requirement that the gate strength of snaphooks and
carabiners be proof tested to 3,600 pounds in all directions instead of
adding the intended requirement that the gate of snaphooks and
carabiners be capable of withstanding a minimum load of 3,600 pounds
without the gate separating from the nose of the snaphook or carabiner
body by more than 0.125 inches. It should also be noted that proof
testing of the gates of snaphooks and carabiners could be destructive
to the equipment, rendering them unsafe for workers in the field. In
this document, OSHA is correcting the gate strength provision to be
consistent with the national consensus standard, as originally
intended, and as stated in letters of interpretation to the National
Association of Tower Erectors (NATE) (see response to question 5 here:
https://www.osha.gov/laws-regs/standardinterpretations/2017-08-18) and
the International Safety Equipment Association (ISEA) (see response to
question 1 here: https://www.osha.gov/laws-regs/standardinterpretations/2017-08-31).

Electric Power Generation, Transmission, and Distribution (Sec.
1910.269)

    Section 1910.269(h)(2) contains references to ladder standards
(Sec. Sec.  1910.25(d)(2)(i) and (iii) and 1910.26(c)(3)(iii)) that are
not the correct references. OSHA is revising Sec.  1910.269(h)(2) by
replacing the incorrect references with the correct references, which
are Sec.  1910.23(c)(4) and (9).

II. Exemption From Notice-and-Comment Procedures

    OSHA determined that this rulemaking is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29
CFR 1911.5. This rulemaking only corrects typographical, formatting,
and clerical errors, and provides more information about the
requirements of some provisions. As it does not affect or change any
existing rights or obligations, no stakeholder is likely to object to
these corrections. Therefore, the agency finds good cause that public
notice and comment are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

List of Subjects in 29 CFR Part 1910

    Special industries, Walking-working surfaces.

Authority and Signature

    This document was prepared under the direction of Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health. This action is taken pursuant to 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order 1-2012 (77 FR 3912 (1/25/2012)), and 29 CFR
part 1911.

    Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.

Final Regulatory Text

    For the reasons set forth in the preamble, OSHA amends part 1910 of
title 29 of the Code of Federal Regulations as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart D--Walking-Working Surfaces

0
1. The authority citation for part 1910, subpart D, continues to read
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), and 1-2012 (77 FR 3912), as applicable; and 29 CFR
part 1911.

0
2. Amend Sec.  1910.23 by revising paragraph (d)(4) to read as follows:

Sec.  1910.23   Ladders.

* * * * *
    (d) * * *
    (4) The side rails of through or side-step ladders extend at least
42 inches (1.1 m) above the top of the access level or landing platform
served by the ladder. For parapet ladders, the access level is:
    (i) The roof, if the parapet is cut to permit passage through the
parapet; or
    (ii) The top of the parapet, if the parapet is continuous;
* * * * *

0
3. Amend Sec.  1910.25 by revising paragraph (a) and the figure
following Table D-1 in paragraph (c)(5) to read as follows:

Sec.  1910.25  Stairways.

    (a) Application. This section covers all stairways (including
standard, spiral, ship, and alternating tread-type stairs), except for
articulated stairs (stairs that change pitch due to change in height at
the point of attachment) such as those serving floating roof tanks,
stairs on scaffolds, stairs designed into machines or equipment, and
stairs on self-propelled motorized equipment.
* * * * *
    (c) * * *
    (5) * * *

[GRAPHIC] [TIFF OMITTED] TR17DE19.018

0
4. Amend Sec.  1910.27 by revising paragraph (b)(1)(i) to read as
follows:

Sec.  1910.27   Scaffolds and rope descent systems.

* * * * *
    (b) * * *
    (1) * * *
    (i) Before any rope descent system is used, the building owner must
inform the employer, in writing that the building owner has identified,
tested, certified, and maintained each anchorage so it is capable of
supporting at least 5,000 pounds (2,268 kg), in any direction, for each
employee attached. The information must be based on an annual
inspection by a qualified person and certification of each anchorage by
a qualified person, as necessary, and at least every 10 years.
* * * * *

0
5. Amend Sec.  1910.29 by revising paragraph (b)(1) and Figure D-11 to
read as follows:

Sec.  1910.29   Fall protection systems and falling object protection--
criteria and practices.

* * * * *
    (b) * * *
    (1) The top edge height of top rails, or equivalent guardrail
system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm),
above the walking-working surface. The top edge height may exceed 45
inches (114 cm), provided the guardrail system meets all other criteria
of paragraph (b) of this section (see Figure D-11 of this section).
* * * * *
[GRAPHIC] [TIFF OMITTED] TR17DE19.019

* * * * *

Subpart I--Personal Protective Equipment

0
6. The authority citation for part 1910, subpart I, continues to read
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355),

or 1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911.

0
7. Amend Sec.  1910.140 by revising paragraph (c)(8) to read as
follows:

Sec.  1910.140   Personal fall protection systems.

* * * * *
    (c) * * *
    (8) D-rings, snaphooks, and carabiners must be proof tested to a
minimum tensile load of 3,600 pounds (16 kN) without cracking,
breaking, or incurring permanent deformation. The gate strength of
snaphooks and carabiners must be capable of withstanding a minimum load
of 3,600 pounds (16 kN) without the gate separating from the nose of
the snaphook or carabiner body by more than 0.125 inches (3.175 mm).
* * * * *

Subpart R--Special Industries

0
8. The authority citation for part 1910, subpart R, continues to read
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
9. Amend Sec.  1910.269 by revising paragraph (h)(2) introductory text
to read as follows:

Sec.  1910.269   Electric power generation, transmission, and
distribution.

* * * * *
    (h) * * *
    (2) Special ladders and platforms. Portable ladders used on
structures or conductors in conjunction with overhead line work need
not meet Sec.  1910.23(c)(4) and (9). Portable ladders and platforms
used on structures or conductors in conjunction with overhead line work
shall meet the following requirements:
* * * * *

[FR Doc. 2019-27114 Filed 12-16-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 894-896]
[FR Doc No: 2012-31732]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0960; FRL-9766-4]

Interim Final Determination To Stay Sanctions, Imperial County
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: EPA is making an interim final determination to stay
imposition of sanctions based on a proposed approval of revisions to
the Imperial County Air Pollution Control District (ICAPCD) portion of
the California State Implementation Plan (SIP) published elsewhere in
this Federal Register. The revisions concern local rules that regulate
inhalable particulate matter (PM10) emissions from sources
of fugitive dust such as unpaved roads and disturbed soils in open and
agricultural areas in Imperial County.

DATES: This interim final determination is effective on January 7,
2013. However, comments will be accepted until February 6, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0960, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of

your comment. If you send email directly to EPA, your email address
will be automatically captured and included as part of the public
comment. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. Background

    On July 8, 2010 (75 FR 39366), we published a limited approval and
limited disapproval of the following rules listed in Table 1, as
adopted locally on November 9, 2005 and submitted by the State on June
16, 2006.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
               Local agency                 Rule No.             Rule title               Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD...................................        800  General Requirements for             11/08/05     06/16/06
                                                       Controls of Fine Particulate
                                                       Matter.
ICAPCD...................................        804  Open Areas......................     11/08/05     06/16/06
ICAPCD...................................        805  Paved & Unpaved Roads...........     11/08/05     06/16/06
ICAPCD...................................        806  Conservation Management              11/08/05     06/16/06
                                                       Practices.
----------------------------------------------------------------------------------------------------------------

    We based our limited disapproval action on certain deficiencies in
the submittal. This disapproval action started a sanctions clock for
imposition of offset sanctions 18 months after August 9, 2010 and
highway sanctions 6 months later, pursuant to section 179 of the Clean
Air Act (CAA) and our regulations at 40 CFR 52.31. As such, offset
sanctions began on February 9, 2012 and highway sanctions began on
August 9, 2012.
    On October 16, 2012, ICAPCD adopted revisions to Rules 800, 804,
805, and 806 that were intended to correct the deficiencies identified
in our limited disapproval action. On November 7, 2012, the State
submitted these revisions to EPA. In the Proposed Rules section of
today's Federal Register, we have proposed approval of this submittal
because we believe it corrects the deficiencies identified in our July
8, 2010 disapproval action. Based on today's proposed approval, we are
taking this final rulemaking action, effective on publication, to stay
imposition of sanctions that were triggered by our July 8, 2010 limited
disapproval.
    EPA is providing the public with an opportunity to comment on this
stay of sanctions. If comments are submitted that change our assessment
described in this final determination and the proposed full approval of
revised ICAPCD Rules 800, 804, 805, and 806, we intend to take
subsequent final action to reimpose sanctions pursuant to 40 CFR
51.31(d). If no comments are submitted that change our assessment, then
all sanctions and sanction clocks will be permanently terminated on the
effective date of a final rule approval.

II. EPA Action

    We are making an interim final determination to stay CAA section
179 sanctions associated with ICAPCD Rules 800, 804, 805, and 806 based
on our concurrent proposal to approve the State's SIP revision as
correcting deficiencies that initiated sanctions.
    Because EPA has preliminarily determined that the State has
corrected the deficiencies identified in EPA's limited disapproval
action, relief from sanctions should be provided as quickly as
possible. Therefore, EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect (5 U.S.C. 553(b)(3)). However,
by this action EPA is providing the public with a chance to comment on
EPA's determination after the effective date, and EPA will consider any
comments received in determining whether to reverse such action.
    EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has reviewed the State's submittal and, through
its proposed action, is indicating that it is more likely than not that
the State has corrected the deficiencies that started the sanctions
clocks. Therefore, it is not in the public interest to keep applied
sanctions in place when the State has most likely done all it can to
correct the deficiencies that triggered the sanctions clocks. Moreover,
it would be impracticable to go through notice-and-comment rulemaking
on a finding that the State has corrected the deficiencies prior to the
rulemaking approving the State's submittal. Therefore, EPA believes
that it is necessary to use the interim final rulemaking process to
stay sanctions while EPA completes its rulemaking process on the
approvability of the State's submittal. Moreover, with respect to the
effective date of this action, EPA is invoking the good cause exception
to the 30-day notice requirement of the APA because the purpose of this
notice is to relieve a restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

    This action stays Federal sanctions and imposes no additional
requirements.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action.
    The administrator certifies that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    This rule does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule does not have tribal implications because it will 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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
    This action does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
    This rule is not subject to Executive Order 13045, ``Protection of
Children From Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply to
this rule because it imposes no standards.
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to Congress and the Comptroller
General. However, section 808 provides that any rule for which the
issuing agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest, shall take effect at such time as the agency promulgating the
rule determines. 5 U.S.C. 808(2). EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of January 7, 2013. EPA will submit a report containing this rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 8, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose of judicial review nor does
it extend the time within which petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental regulations, Ozone, Particulate matter,
Reporting and recordkeeping requirements.

    Dated: December 17, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-31732 Filed 1-4-13; 8:45 am]
BILLING CODE 6560-50-P