Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Proposed Rules 76589 

plot or interment allowance under 

§ 3.1707, if VA has evidence that the 

U.S., a State, any agency or political 

subdivision of the U.S. or of a State, or 

the employer of the deceased veteran 

has paid or contributed payment to the 

veteran’s plot or interment expenses, 

VA will pay the claimant up to the 

lesser of: 

(1) The allowable statutory amount; or 

(2) The amount of the total plot or 

interment expenses minus the amount 

of expenses paid by any or all of the 

organizations described in this 

paragraph (a). 

(b) Burial expenses paid by other 

agencies of the U.S. (1) Burial allowance 

when Federal law or regulation also 

provides for payment. VA cannot pay 

the non-service-connected burial 

allowance when any Federal law or 

regulation also specifically provides for 

the payment of the deceased veteran’s 

burial, funeral, or transportation 

expenses. However, VA will pay the 

non-service-connected burial allowance 

when a Federal law or regulation allows 

the payment of burial expenses using 

funds due, or accrued to the credit of, 

the deceased veteran (such as Social 

Security benefits), but the law or 

regulation does not specifically require 

such payment. In such cases, VA will 

pay the maximum amount specified in 

38 U.S.C. 2302. 

(2) Payment by military service 

department. VA will not pay or will 

recoup the non-service-connected burial 

allowance for deaths occurring during 

active service or for other deaths for 

which the service department pays the 

burial, funeral, or transportation 

expenses. 

(3) When a veteran dies while 

hospitalized. When a veteran dies while 

hospitalized at the expense of the U.S. 

government (including, but not limited 

to, death in a VA facility) and benefits 

would be otherwise be payable under 10 

U.S.C. 1482 and a provision of this 

subpart B, only one of these benefits is 

payable. VA will attempt to locate a 

relative of the veteran, in the priority 

order described in § 3.1702(b), or person 

entitled to reimbursement and will ask 

that person to elect between these 

benefits. 

(Authority: 38 U.S.C. 2302, 2303(b)) 

§ 3.1712 Effect of forfeiture on payment of 

burial benefits. 

(a) Forfeiture for fraud. VA will pay 

burial benefits, if otherwise in order, 

based on a deceased veteran who 

forfeited his or her right to receive 

benefits due to fraud under § 3.901, 

Fraud. However, VA will not pay burial 

benefits to a claimant who participated 

in fraudulent activity that resulted in 

forfeiture under § 3.901. 

(b) Forfeiture for treasonable acts or 

for subversive activity. VA will not pay 

burial benefits based on a period of 

service commencing before the date of 

commission of the offense if either the 

veteran or the claimant has forfeited the 

right to all benefits except insurance 

payments under § 3.902, Forfeiture for 

treasonable acts, or § 3.903, Forfeiture 

for subversive activities, because of a 

treasonable act or subversive activities, 

unless the offense was pardoned by the 

President of the U.S. 

(Authority: 38 U.S.C. 6103, 6104, 6105) 

Cross Reference: § 3.1(aa), for the 

definition of ‘‘fraud.’’ 

§ 3.1713 Eligibility based on status before 

1958. 

When any person dies who had a 

status under any law in effect on 

December 31, 1957, that afforded 

entitlement to burial benefits, burial 

benefits will be paid, if otherwise in 

order, even though such status does not 

meet the service requirements of 38 

U.S.C. chapter 23. 

(Authority: 38 U.S.C. 2305) 

[FR Doc. 2013–29142 Filed 12–17–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0770; FRL–9904–17] 

Notice of Receipt of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities; Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions; 

corrections. 

SUMMARY: EPA issued documents in the 

Federal Register of July 25, 2012, and 

January 16, 2013, concerning a new 

active ingredient (AI) and several 

pesticide petitions (PP) filed for 

residues of pesticide chemicals. The 

name of an AI was changed during the 

registration assessment process. This 

document corrects the name of an AI 

and also corrects a PP number. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0770, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511P); telephone number: (703) 305– 

7090; email address: BPPDFRNotices@

epa.gov or Lois Rossi, Registration 

Division (RD) (7505P); telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person is: 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. As part of the mailing 

address, include the contact person’s 

name, division, and mail code. The 

division to contact is listed at the end 

of each correction. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the July 25, 

2012, and January 16, 2013 documents 

a list of those who may be potentially 

affected by this action. 

II. What does this correction do? 

1. EPA–HQ–OPP–2012–0389. In FR 

Doc. 2012–17899, published in the 

Federal Register of July 25, 2012 (77 FR 

43562) (FRL–9353–6), is corrected as 

follows: On page 43566, under the 

heading ‘‘New Tolerance Exemptions,’’ 

third column, paragraph number 4., PP 

2F8014, lines 7 and 12, correct ‘‘GS–U– 

ACTX–Hv1a–SEQ2’’ to read ‘‘GS– 

omega/kappa–Hxtx–Hv1a.’’ (BPPD) 

2. EPA–HQ–OPP–2012–0926. In FR 

Doc. 2013–00714, published in the 

Federal Register of January 16, 2013 (78 

FR 3377) (FRL–9375–4), is corrected as 

follows: On page 3380, under the 

heading ‘‘Amended Tolerances,’’ third 

column, paragraph number 7., line 1, 

correct ‘‘PP 2F8155’’ to read ‘‘PP 

2F8115.’’ (RD) 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 


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76590 Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Proposed Rules 

Dated: December 11, 2013. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2013–30135 Filed 12–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 381 

[Docket No. FMCSA–2013–0097] 

Physical Qualification of Drivers; 

Standards; Changes to Vision 

Exemption Program Criteria 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Proposed change to criteria; 

request for comments. 

SUMMARY: FMCSA proposes changes to 

the eligibility requirements for the 

Agency’s Vision Exemption Program. 

Obtaining an exemption enables an 

individual to operate commercial motor 

vehicles (CMVs) in interstate commerce 

without satisfying all of the prescribed 

vision standards. The Agency has 

determined that these proposed changes 

in the eligibility criteria and conditions 

for the Vision Exemption Program will 

continue to ensure a level of safety that 

is equivalent to, or greater than, the 

level of safety maintained under the 

existing criteria. 

DATES: Send your comments on or 

before January 17, 2014. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2013–0097 by 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 or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information, see the Public Participation 

heading below, as well as the Request 

for Information and Comments heading 

of the SUPPLEMENTARY INFORMATION

section of this document. Note that all 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. Follow the online 

instructions for accessing the dockets, or 

go to the street address listed above. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the U.S. Department of 

Transportation’s (DOT) Privacy Act 

Statement for the Federal Docket 

Management System published in the 

Federal Register on January17, 2008 (73 

FR 3316), or you may visit http://

www.gpo.gov/fdsys/pkg/FR-2008-01-17/

pdf/E8-785.pdf. 

Public participation: The Federal 

eRulemaking Portal is generally 

available 24 hours each day, 365 days 

each year. You can obtain electronic 

submission and retrieval help and 

guidelines under the ‘‘help’’ section of 

the Federal eRulemaking Portal Web 

site. If you would like us to notify you 

that we received your comments, please 

include a self-addressed, stamped 

envelope or postcard, or print the 

acknowledgement page that appears 

after submitting comments on-line. 

Comments received after the comment 

closing date will be included in the 

docket and we will consider late 

comments to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Elaine Papp, (202) 366–4001, 

fmcsamedical@dot.gov, U.S. Department 

of Transportation, FMCSA, 1200 New 

Jersey Avenue SE., Room W64–224, 

Washington, DC 20590–0001. Business 

hours are from 8:30 a.m. to 5 p.m., E.T., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

A. FMCSA’s Vision Standard 

FMCSA’s primary mission is to 

reduce crashes, injuries, and fatalities 

involving large trucks and buses. Under 

the provisions of 49 U.S.C. 31136(a) and 

31502(b), FMCSA is authorized to 

establish minimum qualification 

standards for drivers of CMVs operating 

in interstate commerce. To ensure the 

medical fitness of CMV drivers for duty, 

the Agency established a number of 

physical qualifications for drivers under 

49 CFR 391.41(b). Adequate visual 

function is necessary for safe driving. 

The current vision standard pertains to 

acuity (the ability to see at a distance), 

field of vision (the ability to see 

peripherally), and the ability to detect 

and distinguish colors. Specifically, 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to drive a CMV in 

interstate commerce if that person has: 

(1) 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; 

(2) distant binocular acuity of at least 20/ 

40 (Snellen) in both eyes with or without 

corrective lenses; 

(3) field of vision of at least 70° in the 

horizontal meridian in each eye; and 

(4) the ability to recognize the colors of 

traffic signals and devices showing standard 

red, green, and amber. 

B. FMCSA’s Vision Exemption Program 

and Criteria 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may exempt a CMV 

driver from application of the vision 

standards if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption.’’ The current Vision 

Exemption Program was established in 

1998, following the enactment of 

amendments to the statutes governing 

exemptions made by § 4007 of the 

Transportation Equity Act for the 21st 

Century (TEA–21), Public Law 105–178, 

112 Stat. 107, 401 (June 9, 1998). 

Applications are now handled in 

accordance with 49 CFR part 381 

subpart C. Qualifying individuals may 

apply for an exemption for up to two 

years from specified provisions of the 

Federal Motor Carrier Safety 

Regulations, including physical 

qualification standards specified under 

§ 391.41(b) (see 49 CFR 381.300(c)). 

Vision exemptions are considered under 

the procedures established in 49 CFR 

part 381 subpart C, on a case-by-case 

basis upon application by CMV drivers 

who do not meet the vision standards of 

49 CFR 391.41(b)(10). 

Current Criteria and Conditions 

A. Current Criteria for Considering 

Exemptions From the Vision Standards 

The criteria currently considered 

when reviewing an application for an 

exemption have been in place since the 

program began in 1998. They are 

consistent with criteria used in the 

preceding Vision Waiver Program. In 


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