[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24589-24590]
[FR Doc No: 2018-11407]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0027]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 14 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on February 16, 2018. The
exemptions expire on February 16, 2020.

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

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., E.T., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On January 16, 2018, FMCSA published a notice announcing receipt of
applications from 14 individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (83 FR 2292). The public comment period ended on February 15,
2018, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(10).

    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.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows applicants to
operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the January 16, 2018, Federal
Register notice (83 FR 2292) and will not be repeated in this notice.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The 14
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, glaucoma, macular scarring, prosthesis,
optic atrophy, retinal detachment, retinal scarring, and retinal vein
occlusion. In most cases, their eye conditions were not recently
developed. Seven of the applicants were either born with their vision
impairments or have had them since childhood. The seven individuals
that sustained their vision conditions as adults have had it for a
range of 9 to 31 years. Although each applicant has one eye which does
not meet the vision requirement in 49 CFR 391.41(b)(10), each has at
least 20/40 corrected vision in the other eye, and in a doctor's
opinion, has sufficient vision to perform all the tasks necessary to
operate a CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV, with their limited vision in intrastate commerce, even though
their vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 5 to 78 years. In the past three years,
one driver was involved in a crash, and one driver was convicted of a
moving violation in a CMV. All the applicants achieved a record of
safety while driving with their vision impairment, demonstrating the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10) and
(b) by a certified Medical Examiner who attests that the individual 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 in his/her driver's qualification file if he/she 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.

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.

VII. Conclusion

    Based upon its evaluation of the 14 exemption applications, FMCSA
exempts the following drivers from the vision requirement, 49 CFR
391.41(b)(10), subject to the requirements cited above:

Jordan N. Bean (ND)
Robert J. Bower (PA)
James E. Bragg (WV)
Lee S. Brown, Jr. (ME)
Thomas Buker (WI)
Robert A. Dicker (ME)
James D. Evans (MD)
Spencer L. Goard (KY)
Gregory C. Grubb (KY)
Charles K. Klinglesmith (KY)
Freddy E. Parker (NV)
Douglas E. Porter (MI)
Roy E. Robertson (GA)
Daniel E. Sharp (OH)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two 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 and 31315.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11407 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Proposed Rules]
[Pages 4353-4354]
[FR Doc No: 2013-01115]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1295; Airspace Docket No. 12-AAL-10]
RIN 2120-AA66

Proposed Amendment of Area Navigation (RNAV) Route T-266; AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify low-altitude RNAV route T-266
in the state of Alaska by removing two non-directional beacons (NDB) as
the navigation signal source and replacing them with RNAV waypoints.
This action would enhance the safety and efficiency of the National
Airspace System (NAS).

DATES: Comments must be received on or before March 8, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
1295 and Airspace Docket No. 12-AAL-10 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-1295 and Airspace Docket No. 12-AAL-10) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2012-1295 and Airspace Docket No. 12-AAL-10.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Western Service Center, Operations Support Group,
Federal Aviation Administration, 1601 Lind Ave. SW., Renton, WA 98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify RNAV route T-266 in Alaska. T-
266 is currently defined by the Coghland Island, AK, NDB; the
Fredericks Point, AK, NDB; and the Annette Island, AK, VOR/DME. The
Annette Island VOR/DME would remain as one end point of the route, but
the two NDBs would be removed from the route description and replaced
by the addition of eight RNAV waypoints (WP). The existing RADKY, AK,
fix (near the Coghland Island NDB) would be relocated to the southeast
of its current position and would serve as the other endpoint of the
route. These changes would enhance safety by providing lower IFR
minimum en route altitudes (MEA) on T-266, which would allow aircraft
to fly at lower altitudes when inflight icing conditions are
encountered. Additionally, the changes support the expanded use of RNAV
within the NAS by reducing the reliance on ground-based NDBs for
navigation guidance.
    RNAV routes are published in paragraph 6011 of FAA Order 7400.9W
dated August 8, 2012, and effective September 15, 2012, which is
incorporated by reference in 14 CFR 71.1. The RNAV routes listed in
this document would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when

promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies the route structure in Alaska as required to preserve
the safe and efficient flow of air traffic.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

     Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9V,
Airspace Designations and Reporting Points, Dated August 9, 2011, and
effective September 15, 2011, is amended as follows:

Paragraph 6011 United States Area Navigation Routes

* * * * *

 T-266 RADKY, AK to Annette Island, AK (ANN) [Amended]
----------------------------------------------------------------------------------------------------------------

RADKY, AK                     Fix                 (Lat. 58[deg]08'00'' N., long. 134[deg]29'56'' W.)
XADZY, AK                     WP                  (Lat. 57[deg]01'00'' N., long. 133[deg]00'00'' W.)
VULHO, AK                     WP                  (Lat. 56[deg]49'05'' N., long. 132[deg]49'30'' W.)
FOGID, AK                     WP                  (Lat. 56[deg]43'31'' N., long. 132[deg]42'02'' W.)
YICAX, AK                     WP                  (Lat. 56[deg]39'45'' N., long. 132[deg]37'00'' W.)
NEREE, AK                     WP                  (Lat. 56[deg]32'36'' N., long. 132[deg]30'34'' W.)
VAZPU, AK                     WP                  (Lat. 56[deg]27'24'' N., long. 132[deg]25'56'' W.)
DOOZI, AK                     Fix                 (Lat. 55[deg]37'57'' N., long. 132[deg]10'29'' W.)
Annette Island, AK (ANN)      VOR/DME             (Lat. 55[deg]03'37'' N., long. 131[deg]34'42'' W.)

    Issued in Washington, DC, on December 12, 2012.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-01115 Filed 1-18-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63067-63068]
[FR Doc No: 2018-26480]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9987-05-Region 5]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Beloit Corporation
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 announces
the partial deletion of all media at the 20-acre Former Research Center
Property of the Beloit Corporation Superfund Site (Site), in Rockton,
Illinois from the National Priorities List (NPL). The NPL, promulgated
pursuant to Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended, is an
appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The remainder of the Site will remain on the
NPL and is not being considered for deletion as part of this action.
EPA and the State of Illinois through the Illinois Environmental
Protection Agency (IEPA), have determined that all appropriate response
actions under CERCLA, other than operation and maintenance, monitoring
and five-year reviews, have been completed. However, the deletion of
this parcel does not preclude future actions under Superfund.

DATES: This action is effective December 7, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1990-0011. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the site information repositories. Locations, contacts,
phone numbers and viewing hours are:
    U.S. Environmental Protection Agency, Region 5, Superfund Records
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604,
Phone:<PHONE_NUMBER>, Hours: Monday through Friday, 8 a.m. to 4 p.m.,
excluding Federal holidays.
    Talcott Free Library, 101 East Main Street, Rockton, IL 61072,
Phone:<PHONE_NUMBER>, Hours: Monday, Tuesday and Thursday, 9:00 a.m.
to 8:00 p.m., Wednesday and Friday 9 a.m. to 5:30 p.m., and Saturday 9
a.m. to 3 p.m.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77
West Jackson Boulevard, Chicago, IL 60604,<PHONE_NUMBER>, or via email
at [email protected].

SUPPLEMENTARY INFORMATION: The portion of the Beloit Corporation
(Beloit Corp.) Site to be deleted from the NPL is the Former Beloit
Corp. Research Center Property, PIN 03-12-452-003, located at 1155
Prairie Hill Road, in Rockton, Illinois. A Notice of Intent for Partial
Deletion for the Beloit Corp. Site was published in the Federal
Register on July 16, 2018 (83 FR 32825). A Direct final rule approving
the deletion was concurrently published in the Federal Register (83 FR
32798). The partial deletion was to automatically take effect on
September 14, 2018, if no adverse public comments were received.
    EPA was required to withdraw the Direct final rule of July 16, 2018
(83 FR 32826), effective September 14, 2018, to prevent the Direct
final rule from taking effect, because EPA did not provide timely
notice of the publication of the Direct final rule through publication
of an advertisement in a local newspaper as required by EPA policy.
    The closing date for comments on the Notice of Intent for Partial
Deletion as published in the Notice was August 15, 2018. EPA informally
extended the public comment period until October 15, 2018, through
advertisements published in two local newspapers, The Rockton Hearld
and The Rockford Register Star on September 13, 2018.
    EPA received one public comment on the partial deletion. Upon
review of the comment, EPA finds that the comment is not related to the
rule-making, is not site-specific and, as such, is not adverse.
Therefore, EPA Region 5 is proceeding with the partial deletion of the
Beloit Corp. Site. EPA prepared a memorandum responding to the public
comment and placed the memorandum in the docket, EPA-HQ-SFUND-1990-
0011, on www.regulations.gov, and in the local information repositories
listed above.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion of a site from the NPL does not preclude further remedial
action. Whenever there is a significant release from a site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system. Deletion of portions of a
site from the NPL does not affect responsible party liability, in the
unlikely event that future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: October 29, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    For the reasons set out in the preamble, 40 CFR part 300 is amended
as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry
``IL'', ``Beloit Corp.'', ``Rockton'' to read as follows:

Appendix B to Part 300--[Amended]

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                        Site name               City/county              Notes (\a\)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
IL..................................  Beloit Corp............  Rockton...............  * P

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(\a\) * * *
* P = Sites with partial deletion(s).

[FR Doc. 2018-26480 Filed 12-6-18; 8:45 am]
 BILLING CODE 6560-50-P