Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TANGO; Invitation for Public Comments, 79763-79764 [2011-32814]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices Donald C., ‘‘Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,’’ Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the four applicants, none of the applicants were involved in crashes or convicted of moving violations in a CMV. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants’ ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants’ intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the four applicants listed in the notice of October 31, 2011 (76 FR 67248). VerDate Mar<15>2010 19:17 Dec 21, 2011 Jkt 226001 We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the four individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement in 49 CFR 391.41(b)(10) and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. Mr. Calvin Liburd is in favor of granting vision exemptions to all the potential applicants; he believes that effective research and monitoring is in place already. He emphasizes that many applicants have sufficient driving experience and commercial driver’s licenses. Conclusion Based upon its evaluation of the four exemption applications, FMCSA exempts Tracey L. Butcher (VA), Keith M. Calvert (AL), Terry G. Howard (KY), and David M. Taylor (MS) from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 79763 not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: December 14, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–32716 Filed 12–21–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2011–0158] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TANGO; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before January 23, 2012. ADDRESSES: Comments should refer to docket number MARAD–2011–0158. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W21–203, Washington, DC 20590. Telephone (202) 366–5979, Email Joann.Spittle@dot.gov. SUMMARY: E:\FR\FM\22DEN1.SGM 22DEN1 79764 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices As described by the applicant the intended service of the vessel TANGO is: INTENDED COMMERCIAL USE OF VESSEL: ‘‘Sightseeing, sportfishing, scuba diving.’’ GEOGRAPHIC REGION: ‘‘California.’’ The complete application is given in DOT docket MARAD–2011–0158 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. SUPPLEMENTARY INFORMATION: Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: December 15, 2011. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2011–32814 Filed 12–21–11; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2011–0156] jlentini on DSK4TPTVN1PROD with NOTICES Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DREAM CATCHER; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized SUMMARY: VerDate Mar<15>2010 19:17 Dec 21, 2011 Jkt 226001 to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before January 23, 2012. ADDRESSES: Comments should refer to docket number MARAD–2011–0156. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W21–203, Washington, DC 20590. Telephone (202) 366–5979, Email Joann.Spittle@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel DREAM CATCHER is: INTENDED COMMERCIAL USE OF VESSEL: ‘‘Passenger charter.’’ GEOGRAPHIC REGION: ‘‘Georgia, Florida, California, Minnesota, Wisconsin.’’ The complete application is given in DOT docket MARAD–2011–0156 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: December 15, 2011. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2011–32812 Filed 12–21–11; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number MARAD–2011–0163] Use of Foreign-Flag Anchor Handling Vessels in the Beaufort Sea or Chukchi Sea Adjacent to Alaska Maritime Administration, Department of Transportation. ACTION: Notice and request for comments. AGENCY: As authorized by Public Law 111–281, the Secretary of Transportation, as represented by the Maritime Administration, is authorized to make determinations permitting the use of foreign-flag anchor handling vessels in certain cases (and for a limited period of time) if no U.S.-flag vessels are found to be suitable and reasonably available. A request for such a determination regarding anchor handling vessels with a minimum ice class A3 has been received by the Maritime Administration. If the Maritime Administration determines that U.S.flag vessels are not suitable and reasonably available for the proposed service, a determination will be granted allowing for the conditional use of these vessels, within a set timeframe. Those interested in providing the names of suitable and available vessels for the proposed service should refer to the docket number, and identify the U.S.flag vessels available. DATES: Submit U.S.-flag anchor handling ice class A3 or above vessel nominations on or before January 23, 2012. SUMMARY: U.S.-flag vessel nominations should refer to docket number MARAD– 2011–0163. Written nominations may be ADDRESSES: E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79763-79764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32814]


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

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2011-0158]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel TANGO; Invitation for Public Comments

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

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

SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of 
Transportation, as represented by the Maritime Administration (MARAD), 
is authorized to grant waivers of the U.S.-build requirement of the 
coastwise laws under certain circumstances. A request for such a waiver 
has been received by MARAD. The vessel, and a brief description of the 
proposed service, is listed below.

DATES: Submit comments on or before January 23, 2012.

ADDRESSES: Comments should refer to docket number MARAD-2011-0158. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590. You may also send comments electronically via the 
Internet at http://www.regulations.gov. All comments will become part 
of this docket and will be available for inspection and copying at the 
above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, 
except federal holidays. An electronic version of this document and all 
documents entered into this docket is available on the World Wide Web 
at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE., 
Room W21-203, Washington, DC 20590. Telephone (202) 366-5979, Email 
Joann.Spittle@dot.gov.

[[Page 79764]]


SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel TANGO is:
    INTENDED COMMERCIAL USE OF VESSEL: ``Sightseeing, sportfishing, 
scuba diving.''
    GEOGRAPHIC REGION: ``California.''
    The complete application is given in DOT docket MARAD-2011-0158 at 
http://www.regulations.gov. Interested parties may comment on the 
effect this action may have on U.S. vessel builders or businesses in 
the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance 
with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388, that 
the issuance of the waiver will have an unduly adverse effect on a 
U.S.-vessel builder or a business that uses U.S.-flag vessels in that 
business, a waiver will not be granted. Comments should refer to the 
docket number of this notice and the vessel name in order for MARAD to 
properly consider the comments. Comments should also state the 
commenter's interest in the waiver application, and address the waiver 
criteria given in Sec.  388.4 of MARAD's regulations at 46 CFR Part 
388.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    By Order of the Maritime Administrator.

     Dated: December 15, 2011.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2011-32814 Filed 12-21-11; 8:45 am]
BILLING CODE 4910-81-P