Physical Qualification of Drivers; Medical Examination and Certification; Exemption Application-National Cooperative Refinery Association and Jayhawk Pipeline, LLC, 13568-13570 [05-5491]
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13568
Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices
synthetic fuel to various TVA fossil
plants.
C3. Delegation of authority to the
Executive Vice President, Fossil Power
Group, to enter into contracts with
Rogers Group Inc. for limestone supply
to Paradise and Shawnee Fossil Plants.
C4. Contract with Nol-Tec Systems to
design, furnish, install, test, and
commission hydrated lime injection
systems for sulfur trioxide (SO3)
mitigation at various TVA fossil plants.
C5. Contract with General Electric
Company for auxiliary power boards for
various TVA hydro and fossil plants.
C6. Supplement to Contract No.
00038906 with Fujitsu Network
Communications for supply of
synchronous optical network
components.
E—Real Property Transactions
E1. Modification of certain deed
restrictions affecting approximately 0.1
acre of former TVA land on Cherokee
Reservoir in Hamblen County,
Tennessee, Tract No. XCK–104, S.1X, to
allow an existing portion of a house,
heat pump, and deck to remain on the
property.
E2. Grant of a permanent easement to
the State of Tennessee for an access road
and utility lines affecting land on Tims
Ford Reservoir in Moore County,
Tennessee, Tract No. XTTMFR–45E.
E3. Grant of a permanent easement to
the State of North Carolina for a
highway improvement project affecting
approximately 55 acres of land on
Hiwassee Reservoir in Cherokee County,
North Carolina, Tract No. XTFBR–32H.
Information Items
1. Approval of FY 2005 Winning
Performance Team Incentive Plan
Scorecards.
2. Approval of a grant of a permanent
easement to the State of Tennessee for
a highway and bridge improvement
project affecting approximately 7.7 acres
of land on Chickamauga Reservoir in
Meigs County, Tennessee, Tract No.
XTCR–202H.
3. Approval of membership and chair
appointments to the third-term Regional
Resource Stewardship Council.
4. Approval of the amendment of the
Regional Resource Stewardship Council
charter to require that, beginning with
the 2006 membership appointments, at
least six members are new to the
Council.
5. Approval of Adams Street Partners,
LLC, as a new investment manager for
the TVA Retirement System and
approval of the investment management
agreement.
6. Approval of replacement power
arrangements with Kerr-McGee
Chemical LLC.
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18:36 Mar 18, 2005
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7. Approval to file condemnation
cases to acquire easements, rights-ofway, and tree-removal rights for TVA
power transmission line projects
affecting the South Jackson-Cordova Tap
to Gallaway Transmission Line in
Fayette County, Tennessee, and the
Johnsonville-Columbia Tap to South
Waverly Transmission Line in
Humphreys County, Tennessee.
8. Approval of Competitive Indexed
Rate arrangements for North Georgia
EMC service to Mohawk Industries.
9. Approval of the proposed Joint
Reliability Coordination Agreement
among and between TVA, Midwest
Independent Transmission System
Operator, Inc., and PJM Interconnection,
LLC.
For more information: Please call
TVA Media Relations at (865) 632–6000,
Knoxville, Tennessee. Information is
also available at TVA’s Washington
Office (202) 898–2999. People who plan
to attend the meeting and have special
needs should call (865) 632–6000.
Anyone who wishes to comment on any
of the agenda in writing may send their
comments to: TVA Board of Directors,
Board Agenda Comments, 400 West
Summit Hill Drive, Knoxville,
Tennessee 37902.
Dated: March 16, 2005.
Maureen H. Dunn,
General Counsel and Secretary.
[FR Doc. 05–5572 Filed 3–17–05; 10:38 am]
fax: (781) 238–7199; e-mail:
Ann.Azevedo@faa.gov.
We have filed in the docket all
substantive comments received, and a
report summarizing them. If you wish to
review the docket in person, you may go
to the above address between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. If you wish to contact
the above individual directly, you can
use the above telephone number e-mail
address provided.
How to Obtain Copies: A paper copy
of AC 33.75–1 may be obtained by
writing to the U.S. Department of
Transportation, Subsequent Distribution
Office, DOT Warehouse, SVC–121.23,
Ardmore East Business Center, 3341Q
75th Ave., Landover, MD 20785,
telephone 301–322–5377, or by faxing
your request to the warehouse at 301–
386–5394. The AC will also be available
on the Internet at https://www.faa.gov/,
select ‘‘Regulations and Policies’’ and
the link titled ‘‘Advisory Circulars.’’
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
Issued in Burlington, Massachusetts, on
March 4, 2005.
Jay J. Pardee,
Manager, Engine and Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 05–5441 Filed 3–18–05; 8:45 am]
BILLING CODE 4910–13–M
BILLING CODE 8120–08–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Federal Aviation Administration
Advisory Circular 33.75–1, Guidance
Material for 14 CFR 33.75, Safety
Analysis.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of issuance of advisory
circular.
AGENCY:
SUMMARY: This notice announces the
issuance of Advisory Circular (AC)
33.75–1, Guidance Material for 14 CFR
33.75, Safety Analysis. This AC sets
forth acceptable methods of compliance
with the safety analysis requirements of
14 CFR 33.75.
DATES: Advisory Circular 33.75–1 was
issued by the Engine and Propeller
Directorate, ANE–100, on March 4,
2005.
The
Federal Aviation Administration, Attn:
Ann Azevedo, ANE–104, 12 New
England Executive Park, Burlington, MA
01803–5299; telephone: (781) 238–7117;
FOR FURTHER INFORMATION CONTACT:
PO 00000
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[Docket No. FMCSA–2004–19933]
Physical Qualification of Drivers;
Medical Examination and Certification;
Exemption Application—National
Cooperative Refinery Association and
Jayhawk Pipeline, LLC
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
SUMMARY: FMCSA received an
application from the National
Cooperative Refinery Association
(‘‘NCRA’’) and its affiliate Jayhawk
Pipeline, LLC, for an exemption from
the driver’s physical qualification rule
which requires drivers who operate
commercial motor vehicles (CMVs) in
interstate commerce to be medically
examined and certified every 24
months. NCRA states an exemption is
needed to extend the expiration of the
qualification date up to eight days for
130 of its drivers who were qualified to
operate a CMV on various dates in April
E:\FR\FM\21MRN1.SGM
21MRN1
Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices
of 2004. If granted, an exemption would
allow NCRA to schedule its drivers’
medical examinations in April of 2006,
after the expiration of their physical
qualification certification.
DATES: Comments must be received by
April 20, 2005.
ADDRESSES: You may submit comments
identified by any of the following
methods. Please identify your comments
by the FMCSA Docket Number FMCSA–
2004–19933.
• Web Site: https://dms.dot.gov.
Follow instructions for submitting
comments to the docket.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Management
Facility, 400 Seventh Street, SW., Plaza
level, Washington, DC 20590–0001.
• Hand Delivery: Plaza level of the
Nassif Building, 400 Seventh Street,
SW., Washington, DC, between 9 am
and 5 pm, Monday through Friday,
except Federal Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
Docket: For access to the Docket
Management System (DMS) to read
background documents or comments
received, go to https://dms.dot.gov at any
time or to 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. The DMS is available
24 hours each day, 365 days each year.
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 DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Maggi Gunnels, (202) 366–4001,
Division of Physical Qualifications,
Office of Bus and Truck Standards and
Operations, FMCSA, 400 Seventh Street,
SW., Washington, DC 20590–0001; email address:
maggi.gunnels@fmcsa.dot.gov. Office
hours are from 7:45 a.m. to 4:15 p.m.,
et, Monday through Friday, except
Federal holidays.
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18:36 Mar 18, 2005
Jkt 205001
SUPPLEMENTARY INFORMATION:
Background
On December 8, 1998 (63 FR 67600),
FMCSA issued an interim final rule
adding part 381 to the Federal Motor
Carrier Safety Regulations (FMCSRs)
and implementing section 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21) (Pub. L. 105–178, 112
Stat. 107). Section 4007 of TEA–21
amended 49 U.S.C. 31315 and 31136
concerning waivers and exemptions. On
August 20, 2004, FMCSA issued a final
rule adopting the interim regulations in
part 381 as final (69 FR 51589).
The regulations (49 CFR part 381)
established the procedures one must
follow to request waivers and apply for
exemptions from the FMCSRs, and the
procedures that are used to process
them. FMCSA must publish a notice in
the Federal Register for each exemption
requested, explain that the request has
been filed, provide the public with an
opportunity to inspect the safety
analysis and any other relevant
information known to the agency, and
provide an opportunity to comment on
the request. Prior to granting a request
for exemption, FMCSA must publish a
notice in the Federal Register
identifying the person who will receive
the exemption, the provisions from
which the person will be exempt, the
effective period, and the terms and
conditions of the exemption. The terms
and conditions established by FMCSA
must ensure that the exemption will
likely achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved by complying
with the regulation.
NCRA’s Request for an Exemption
The National Cooperative Refinery
Association (NCRA) and its affiliate,
Jayhawk Pipeline, LLC, have requested
an exemption from the physical
qualification of drivers provision at 49
CFR 391.45(b)(1). A copy of NCRA’s
application is in the docket referenced
at the beginning of this notice. This rule
requires that drivers must be medically
examined and certified as physically
qualified every 24 months. FMCSA is
responsible for administering and
enforcing the FMCSRs. NCRA
complains that the medical examination
rule is enforced as 24 months to the day
in Kansas and Nebraska. It seeks an
exemption to extend the expiration of
the qualification date up to ‘‘eight days’’
for 130 of its drivers who were qualified
to operate a CMV on April 5, 6, 8, 12,
13, and 14 of 2004. Such relief would
allow NCRA to schedule and perform its
drivers’ medical examinations in April
of 2006 after their physical qualification
PO 00000
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13569
certification had expired. This means,
for example, that an employee who was
examined and certified on April 5, 2004,
could be scheduled for his/her physical
as late as April 13, 2006. NCRA states
the nature of its business is less
demanding during the first two weeks of
each month, thus making it desirable to
schedule and perform medical
examinations during that particular
time. NCRA opines that medical
examinations could also be cancelled
due to adverse weather, thereby
resulting in medical cards expiring if
there is not some flexibility provided in
the expiration date.
NCRA uses the University of Kansas
Medical Center (KU) to perform medical
examinations. KU provides a mobile
service that includes a medical team of
doctors and nurses who are
knowledgeable about DOT and OSHA
requirements. Before KU was hired,
NCRA drivers obtained medical
examinations from the physician of
their choice, usually in rural areas of
Kansas, Nebraska, and Oklahoma.
NCRA states using one medical team to
perform the medical examinations has
proven effective in eliminating potential
violations.
NCRA points to § 396.17(c) relating to
periodic inspections in support of its
application. It suggests that if similar
language were adopted in § 391.45(b)(1),
NCRA would not need this exemption.
Section 396.17(c) states, in part: A
motor carrier shall not use a commercial
motor vehicle unless each component
identified in appendix G has passed an
inspection in accordance with the terms
of this section at least once during the
preceding 12 months and
documentation of such inspection is on
the vehicle.
Lastly, NCRA claims it would suffer
unnecessary economic hardship for a
minor technical date issue if we do not
grant its request.
Request for Comments
In accordance with 49 U.S.C.
31315(b)(4) and 31136(e), FMCSA
requests public comment from all
interested persons on this exemption
application. All comments received
before the close of business on the
comment closing date shown in the
DATES section above will be considered
and will be available for examination in
the docket. Comments received after the
comment closing date will be filed in
the public docket and will be
considered to the extent possible.
However, FMCSA may make its
decision at any time after the comment
period closes. FMCSA also will
continue to file in the public docket
relevant information that becomes
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13570
Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Notices
available after the comment closing
date. Interested persons should continue
to examine the docket for new material.
Issued on: March 14, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05–5491 Filed 3–18–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2004–18961]
Union Pacific Railroad Company;
Notice of Public Hearing and Extension
of Comment Period
The Union Pacific Railroad Company
has petitioned the Federal Railroad
Administration (FRA) seeking approval
of the proposed discontinuance and
removal of the traffic control system
(TCS), on Track No. 1 between Control
Point River, milepost 247.4, and Control
Point Ft. Worth, milepost 250.0, on the
Dallas Subdivision, Dallas/Ft. Worth
area, near Ft. Worth, Texas. The
proposed changes include removal of
CP University Avenue, milepost 248.01,
and conversion of the existing
dispatcher controlled, power-operated
switch to a radio-controlled, poweroperated switch, operated by the
Remote Control Locomotive (RCL)
Operator. The proposed changes are in
conjunction with the installation of a
new TCS track between CP West Ft.
Worth and CP River. This block signal
application proceeding is identified as
Docket No. FRA–2004–18961.
FRA has issued a public notice
seeking comments of interested parties
and has conducted its own field
investigation in this matter. After
examining the carrier’s proposal, letters
of protest, and the field report, FRA has
determined that a public hearing is
necessary before a final decision is
made on this proposal. FRA is also
extending the comment period to one
week beyond the date of the public
hearing. If information received at the
public hearing warrants the need to
extend the comment period further, a
separate notice will be published
indicating such extension.
Accordingly, a public hearing is
hereby set for 9 a.m. on Wednesday,
April 20, 2005, in Room 120 of the
Texas-New Mexico Power Building,
Tower II, 4100 International Plaza, Ft.
Worth, Texas 76109. Interested parties
are invited to present oral statements at
the hearing. The hearing will be an
informal one and will be conducted in
accordance with Rule 25 of the FRA
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18:36 Mar 18, 2005
Jkt 205001
Rules of Practice (49 CFR 211.25), by a
representative designated by the FRA.
The hearing will be a non adversary
proceeding and, therefore, there will be
no cross-examination of persons
presenting statements. The FRA
representative will make an opening
statement outlining the scope of the
hearing. After all initial statements have
been completed, those persons wishing
to make brief rebuttal statements will be
given the opportunity to do so in the
same order in which they made their
initial statements. Additional
procedures, if necessary for the conduct
of the hearing, will be announced at the
hearing.
In addition, FRA is extending the
comment period to April 28, 2005. All
communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2004–
18961) and must be submitted to the
Docket Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://dms.dot.gov.
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). The
Statement may also be found at https://
dms.dot.gov.
Issued in Washington, DC on March 15,
2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety,
Standards and Program Development.
[FR Doc. 05–5490 Filed 3–18–05; 8:45 am]
BILLING CODE 4910–06–P
PO 00000
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–170 (Sub–No. 2X); STB
Docket No. AB–398 (Sub–No. 10X)]
Sunset Railway Company—
Abandonment Exemption—in Kern
County, CA; San Joaquin Valley
Railroad Company—Discontinuance
Exemption—in Kern County, CA
Sunset Railway Company (SRY) and
San Joaquin Valley Railroad Company
(SJVR) (collectively, petitioners) have
jointly filed a notice of exemption under
49 CFR part 1152, subpart F—Exempt
Abandonments and Discontinuances of
Service for SRY to abandon, and SJVR
to discontinue service over, a 0.20-mile
line of railroad, known as the Sunset
Subdivision near Levee, between
milepost 19.80 and milepost 20.00, in
Kern County, CA. The line traverses
United States Postal Service Zip Code
93268.
SRY and SJVR have certified that: (1)
No local traffic has moved over the line
for at least 2 years; (2) no overhead
traffic has moved over the line for at
least 2 years and any overhead traffic on
the line can be rerouted over other lines;
(3) no formal complaint filed by a user
of rail service on the line (or by a state
or local government entity acting on
behalf of such user) regarding cessation
of service over the line either is pending
with Surface Transportation Board
(Board) or with any U.S. District Court
or has been decided in favor of
complainant within the 2-year period;
and (4) the requirements at 49 CFR
1105.7 (environmental reports), 49 CFR
1105.8 (historic reports), 49 CFR
1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication), and
49 CFR 1152.50(d)(1) (notice to the
governmental agencies) have been meet.
As a condition to these exemptions,
any employee adversely affected by the
abandonment or discontinuance shall be
protected under Oregon Short Line R.
Co.-Abandonment-Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed. Provided no formal
expression of intent to file an offer of
financial assistance (OFA) has been
received, these exemptions will be
effective on April 20, 2005, unless
stayed pending reconsideration.
Petitions to stay that do not involve
environmental issues,1 formal
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
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]]>Agencies
[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13568-13570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5491]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2004-19933]
Physical Qualification of Drivers; Medical Examination and
Certification; Exemption Application--National Cooperative Refinery
Association and Jayhawk Pipeline, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA received an application from the National Cooperative
Refinery Association (``NCRA'') and its affiliate Jayhawk Pipeline,
LLC, for an exemption from the driver's physical qualification rule
which requires drivers who operate commercial motor vehicles (CMVs) in
interstate commerce to be medically examined and certified every 24
months. NCRA states an exemption is needed to extend the expiration of
the qualification date up to eight days for 130 of its drivers who were
qualified to operate a CMV on various dates in April
[[Page 13569]]
of 2004. If granted, an exemption would allow NCRA to schedule its
drivers' medical examinations in April of 2006, after the expiration of
their physical qualification certification.
DATES: Comments must be received by April 20, 2005.
ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the FMCSA Docket Number
FMCSA-2004-19933.
Web Site: https://dms.dot.gov. Follow instructions for
submitting comments to the docket.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Management
Facility, 400 Seventh Street, SW., Plaza level, Washington, DC 20590-
0001.
Hand Delivery: Plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC, between 9 am and 5 pm, Monday
through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
Docket: For access to the Docket Management System (DMS) to read
background documents or comments received, go to https://dms.dot.gov at
any time or to 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. The DMS is available 24 hours each
day, 365 days each year. 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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477), or you may visit https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Maggi Gunnels, (202) 366-4001,
Division of Physical Qualifications, Office of Bus and Truck Standards
and Operations, FMCSA, 400 Seventh Street, SW., Washington, DC 20590-
0001; e-mail address: maggi.gunnels@fmcsa.dot.gov. Office hours are
from 7:45 a.m. to 4:15 p.m., et, Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 1998 (63 FR 67600), FMCSA issued an interim final
rule adding part 381 to the Federal Motor Carrier Safety Regulations
(FMCSRs) and implementing section 4007 of the Transportation Equity Act
for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107). Section
4007 of TEA-21 amended 49 U.S.C. 31315 and 31136 concerning waivers and
exemptions. On August 20, 2004, FMCSA issued a final rule adopting the
interim regulations in part 381 as final (69 FR 51589).
The regulations (49 CFR part 381) established the procedures one
must follow to request waivers and apply for exemptions from the
FMCSRs, and the procedures that are used to process them. FMCSA must
publish a notice in the Federal Register for each exemption requested,
explain that the request has been filed, provide the public with an
opportunity to inspect the safety analysis and any other relevant
information known to the agency, and provide an opportunity to comment
on the request. Prior to granting a request for exemption, FMCSA must
publish a notice in the Federal Register identifying the person who
will receive the exemption, the provisions from which the person will
be exempt, the effective period, and the terms and conditions of the
exemption. The terms and conditions established by FMCSA must ensure
that the exemption will likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved by
complying with the regulation.
NCRA's Request for an Exemption
The National Cooperative Refinery Association (NCRA) and its
affiliate, Jayhawk Pipeline, LLC, have requested an exemption from the
physical qualification of drivers provision at 49 CFR 391.45(b)(1). A
copy of NCRA's application is in the docket referenced at the beginning
of this notice. This rule requires that drivers must be medically
examined and certified as physically qualified every 24 months. FMCSA
is responsible for administering and enforcing the FMCSRs. NCRA
complains that the medical examination rule is enforced as 24 months to
the day in Kansas and Nebraska. It seeks an exemption to extend the
expiration of the qualification date up to ``eight days'' for 130 of
its drivers who were qualified to operate a CMV on April 5, 6, 8, 12,
13, and 14 of 2004. Such relief would allow NCRA to schedule and
perform its drivers' medical examinations in April of 2006 after their
physical qualification certification had expired. This means, for
example, that an employee who was examined and certified on April 5,
2004, could be scheduled for his/her physical as late as April 13,
2006. NCRA states the nature of its business is less demanding during
the first two weeks of each month, thus making it desirable to schedule
and perform medical examinations during that particular time. NCRA
opines that medical examinations could also be cancelled due to adverse
weather, thereby resulting in medical cards expiring if there is not
some flexibility provided in the expiration date.
NCRA uses the University of Kansas Medical Center (KU) to perform
medical examinations. KU provides a mobile service that includes a
medical team of doctors and nurses who are knowledgeable about DOT and
OSHA requirements. Before KU was hired, NCRA drivers obtained medical
examinations from the physician of their choice, usually in rural areas
of Kansas, Nebraska, and Oklahoma. NCRA states using one medical team
to perform the medical examinations has proven effective in eliminating
potential violations.
NCRA points to Sec. 396.17(c) relating to periodic inspections in
support of its application. It suggests that if similar language were
adopted in Sec. 391.45(b)(1), NCRA would not need this exemption.
Section 396.17(c) states, in part: A motor carrier shall not use a
commercial motor vehicle unless each component identified in appendix G
has passed an inspection in accordance with the terms of this section
at least once during the preceding 12 months and documentation of such
inspection is on the vehicle.
Lastly, NCRA claims it would suffer unnecessary economic hardship
for a minor technical date issue if we do not grant its request.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment from all interested persons on this exemption
application. All comments received before the close of business on the
comment closing date shown in the DATES section above will be
considered and will be available for examination in the docket.
Comments received after the comment closing date will be filed in the
public docket and will be considered to the extent possible. However,
FMCSA may make its decision at any time after the comment period
closes. FMCSA also will continue to file in the public docket relevant
information that becomes
[[Page 13570]]
available after the comment closing date. Interested persons should
continue to examine the docket for new material.
Issued on: March 14, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-5491 Filed 3-18-05; 8:45 am]
BILLING CODE 4910-EX-P
