Qualification of Drivers; Exemption Applications; Vision, 5265-5266 [05-1755]

Download as PDF Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices including a detailed agenda, on the PARC knowledge sharing network at http://ksn.faa.gov/km/avr/parc/parc/ default.aspx beginning February 15, 2005. For access to the network, contact Olga Legoshina, Flight Technologies and Procedures Division, as listed in the section titled FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: You should direct questions regarding the logistics of the meeting to Olga Legoshina, Flight Technologies and Procedures Division, AFS–400, Federal Aviation Administration, 470 L’Enfant Plaza, Suite 4102, Washington, DC 20024; telephone (202) 385–4606; facsimile (202) 385–4653. You should direct questions regarding the PARC to Dave Nakamura, Boeing Air Traffic Management, CNS Technical Standards and Requirements, PO Box 3707 MS 07– 25, Seattle, WA 98124; telephone (425) 829–7006; facsimile (425) 294–1076, email: dave.nakamura@boeing.com. SUPPLEMENTARY INFORMATION: The public meeting will be held at Honeywell International Inc., 21111 N. 19th Ave., Phoenix, AZ. The purpose of the meeting is for the FAA and PARC members to discuss the activities of the PARC since the FAA Administrator chartered the group in February 2004. The general discussion items include: (1) The PARC Mission and its role; and (2) where the PARC is and where it is going. Specific topics will include the FAA’s Roadmap for Performance-based Navigation; Special Aircraft and Aircrew Authorization Required (SAAR) procedures; General Required Navigation Performance (RNP) procedure criteria; Area Navigation (RNAV) approach criteria; PerformanceBased Communications; and Human Factors. Attendance at the Public Meeting mandate a comprehensive review and possible revision of existing regulatory criteria and guidance materials. Where existing criteria and guidance is inadequate or nonexistent, there will be the requirement to develop and implement new regulatory criteria and the guidance material needed by all stakeholders. The PARC provides a forum for the U.S. aviation community to discuss, prioritize, and resolve issues, provide direction for U.S. flight operations criteria, and produce U.S. consensus positions for global harmonization. The FAA Administrator issued the PARC charter on February 19, 2004. The PARC charter expires February 19, 2006, unless sooner terminated or extended by the Administrator. Public Meeting Procedures Persons who plan to attend the meeting should be aware of the following procedures set up for this meeting: 1. There will be no admission fee or other charge to attend or to participate in the public meeting. The meeting will be open to all people who have asked in advance to attend the meeting or who register on the day of the meeting (between 8:30 a.m. and 9:00 a.m.), subject to availability of space in the meeting room. 2. Representatives from the FAA and PARC members will conduct the public meeting. 3. Sign and oral interpretation can be made available at the meeting, as well as an assistive listening device, if requested 10 calendar days before the meeting. Issued in Washington, DC, on January 24, 2005. James J. Ballough, Director, Flight Standards Service. [FR Doc. 05–1757 Filed 1–31–05; 8:45 am] The FAA should receive requests from people who wish to attend the public meeting no later than February 17, 2005. You should submit such requests to Olga Legoshina, Flight Technologies and Procedures Division, as listed in the previous section titled FOR FURTHER INFORMATION CONTACT. BILLING CODE 4910–13–P Background Qualification of Drivers; Exemption Applications; Vision The FAA has committed to implementing performance-based airspace operations. Given this commitment, there are significant issues with industry dynamics; new technologies; new aircraft types/ capabilities and configurations and current operations; airspace use; airports; infrastructure; economics; and the environment. These complex issues VerDate jul<14>2003 15:06 Jan 31, 2005 Jkt 205001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7363] Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: SUMMARY: This notice publishes the FMCSA decision to renew the exemption from the vision requirement in the Federal Motor Carrier Safety PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 5265 Regulations for Mr. Willie F. Adams. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting this exemption will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemption for this commercial motor vehicle (CMV) driver. DATES: This decision is effective February 1, 2005. Comments from interested persons should be submitted by March 3, 2005. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2000–7363 by any of the following methods: • Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Washington, DC 20590–0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Instructions: All submissions must include the agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading under Regulatory Notices. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Mary D. Gunnels, Office of Bus and Truck Standards and Operations, (202) 366–4001, FMCSA, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590–0001. Office hours are from 8 a.m. to 5 p.m., E:\FR\FM\01FEN1.SGM 01FEN1 5266 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Notices e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Public Participation: The DMS is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help guidelines under the ‘‘help’’ section of the DMS Web site. If you want 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. 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 the Department of Transportation’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. Exemption Decision Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This notice addresses Mr. Willie F. Adams, who has requested renewal of his exemption in a timely manner. The FMCSA has evaluated his application for renewal on its merits and decided to extend the exemption for a renewable two-year period. This exemption is extended subject to the following conditions: (1) That Mr. Adams have a physical exam 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 medical examiner who attests that Mr. Adams is otherwise physically qualified under 49 CFR 391.41; (2) that Mr. Adams 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 Mr. Adams provide a copy of the annual medical certification to the employer for retention in his driver’s qualification file and retain a copy of the certification on his person while driving for presentation to a duly authorized Federal, State, or local enforcement VerDate jul<14>2003 15:06 Jan 31, 2005 Jkt 205001 official. The exemption will be valid for two years unless rescinded earlier by the FMCSA. The exemption will be rescinded if: (1) Mr. Adams 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. 31315 and 31136(e). The issues raised by Advocates were addressed at length in 69 FR 51346 (August 18, 2004). The FMCSA continues to find its exemption process appropriate to the statutory and regulatory requirements. Issued on: January 24, 2005. Pamela M. Pelcovits, Director, Policy, Plans, and Program Development. [FR Doc. 05–1755 Filed 1–31–05; 8:45 am] BILLING CODE 4910–EX–P Basis for Renewing the Exemption Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two-year periods. In accordance with 49 U.S.C. 31315 and 31136(e), Mr. Adams has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 45817, 65 FR 77066, and 67 FR 71610). He has requested timely renewal of the exemption and has submitted evidence showing that the vision in his better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of his record of safety while driving with his vision deficiency over the past two years indicates he continues to meet the vision exemption standards. These factors provide an adequate basis for predicting his ability to continue to drive safely in interstate commerce. Therefore, the FMCSA concludes that extending the exemption for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Comments The FMCSA will review comments received at any time concerning Mr. Adams’ safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31315 and 31136(e). However, the FMCSA requests that interested parties with specific data concerning his safety record submit comments by March 3, 2005. In the past the FMCSA has received comments from Advocates for Highway and Auto Safety (Advocates) expressing continued opposition to the FMCSA’s procedures for renewing exemptions from the vision requirement in 49 CFR 391.41(b)(10). Specifically, Advocates objects to the agency’s extension of the exemptions without any opportunity for public comment prior to the decision to renew, and reliance on a summary statement of evidence to make its decision to extend the exemption of each driver. PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms, and Record Keeping Requirements; Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register document with a 60-day comment period was published on September 29, 2004 [69 FR 58219]. DATES: Comments must be received on or before March 3, 2005. FOR FURTHER INFORMATION CONTACT: Carlita Ballard at the National Highway Traffic Safety Administration, Office of Planning and Consumer Standards, (NVS–131), 202–366–0307, 400 Seventh Street, SW., Room 5320, Washington, DC 20590. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration Title: 49 CFR Part 542; Procedures for Selecting Lines to be Covered by the Theft Prevention Standard. OMB Control Number: 2127–0539. Type of Request: Request for public comment on a previously approved collection of information. Abstract: The Anti Car Theft Act of 1992 amended the Motor Vehicle Theft Law Enforcement Act of 1984 (P.L. 98– 547) and requires this collection of information. One component of the theft prevention legislation required the Secretary of Transportation (delegated to the National Highway Traffic Safety E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Pages 5265-5266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1755]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7363]


Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: This notice publishes the FMCSA decision to renew the 
exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations for Mr. Willie F. Adams. The FMCSA has statutory 
authority to exempt individuals from vision standards if the exemptions 
granted will not compromise safety. The agency has concluded that 
granting this exemption will provide a level of safety that will be 
equivalent to, or greater than, the level of safety maintained without 
the exemption for this commercial motor vehicle (CMV) driver.

DATES: This decision is effective February 1, 2005. Comments from 
interested persons should be submitted by March 3, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2000-7363 by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC 
20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the Supplementary Information section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Mary D. Gunnels, Office of Bus and 
Truck Standards and Operations, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m.,

[[Page 5266]]

e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Public Participation: The DMS is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help guidelines under the ``help'' section of 
the DMS Web site. If you want 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.
    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 the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

Exemption Decision

    Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an 
exemption from the vision requirement in 49 CFR 391.41(b)(10), which 
applies to drivers of CMVs in interstate commerce, for a two-year 
period if it finds ``such exemption would likely achieve a level of 
safety that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.'' The procedures for requesting an 
exemption (including renewals) are set out in 49 CFR part 381. This 
notice addresses Mr. Willie F. Adams, who has requested renewal of his 
exemption in a timely manner. The FMCSA has evaluated his application 
for renewal on its merits and decided to extend the exemption for a 
renewable two-year period.
    This exemption is extended subject to the following conditions: (1) 
That Mr. Adams have a physical exam 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 medical examiner who attests that Mr. Adams is otherwise 
physically qualified under 49 CFR 391.41; (2) that Mr. Adams 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 
Mr. Adams provide a copy of the annual medical certification to the 
employer for retention in his driver's qualification file and retain a 
copy of the certification on his person while driving for presentation 
to a duly authorized Federal, State, or local enforcement official. The 
exemption will be valid for two years unless rescinded earlier by the 
FMCSA. The exemption will be rescinded if: (1) Mr. Adams 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. 31315 and 
31136(e).

Basis for Renewing the Exemption

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two-year periods. In accordance with 49 
U.S.C. 31315 and 31136(e), Mr. Adams has satisfied the entry conditions 
for obtaining an exemption from the vision requirements (65 FR 45817, 
65 FR 77066, and 67 FR 71610). He has requested timely renewal of the 
exemption and has submitted evidence showing that the vision in his 
better eye continues to meet the standard specified at 49 CFR 
391.41(b)(10) and that the vision impairment is stable. In addition, a 
review of his record of safety while driving with his vision deficiency 
over the past two years indicates he continues to meet the vision 
exemption standards. These factors provide an adequate basis for 
predicting his ability to continue to drive safely in interstate 
commerce. Therefore, the FMCSA concludes that extending the exemption 
for a period of two years is likely to achieve a level of safety equal 
to that existing without the exemption.

Comments

    The FMCSA will review comments received at any time concerning Mr. 
Adams' safety record and determine if the continuation of the exemption 
is consistent with the requirements at 49 U.S.C. 31315 and 31136(e). 
However, the FMCSA requests that interested parties with specific data 
concerning his safety record submit comments by March 3, 2005.
    In the past the FMCSA has received comments from Advocates for 
Highway and Auto Safety (Advocates) expressing continued opposition to 
the FMCSA's procedures for renewing exemptions from the vision 
requirement in 49 CFR 391.41(b)(10). Specifically, Advocates objects to 
the agency's extension of the exemptions without any opportunity for 
public comment prior to the decision to renew, and reliance on a 
summary statement of evidence to make its decision to extend the 
exemption of each driver.
    The issues raised by Advocates were addressed at length in 69 FR 
51346 (August 18, 2004). The FMCSA continues to find its exemption 
process appropriate to the statutory and regulatory requirements.

    Issued on: January 24, 2005.
Pamela M. Pelcovits,
Director, Policy, Plans, and Program Development.
[FR Doc. 05-1755 Filed 1-31-05; 8:45 am]
BILLING CODE 4910-EX-P