Qualification of Drivers; Exemption Applications; Vision, 33937-33938 [05-11491]

Download as PDF Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Notices a codeshare route on which U.S. Carrier A operates the flight. Answer 26: Other U.S. air carriers, including U.S. Carrier A, have no obligation under section 145 to provide alternate transportation to passengers ticketed by Carrier B, because it is a foreign carrier. Our interpretation here with respect to U.S. Carrier A is limited to its obligation pursuant to section 145, however, and does not consider any other obligation that it may have to carry the passengers of its code share partner, Foreign Carrier B. Question 27 (U.S. and Foreign air carriers): Carrier A, a U.S. air carrier, and Carrier B, a foreign air carrier, have a code share agreement in which Foreign Carrier B operates the flight. U.S. Carrier A ceases operations by reason of bankruptcy or insolvency. What requirements exist, pursuant to section 145, with regard to passengers of U.S. Carrier A and Foreign Carrier B? Answer 27: Other U.S. air carriers have an obligation under section 145 to provide transportation to passengers ticketed by U.S. Carrier A, because it ceased operations on a route due to bankruptcy. Foreign Carrier B has no obligation under section 145 to transport the passengers of U.S. Carrier A, because section 145 applies only to U.S. carriers. Our interpretation here is limited to Foreign Carrier B’s obligation pursuant to section 145, however, and does not consider any other obligation that it may have to carry the passengers of its code share partner, U.S. Carrier A. Question 28 (U.S. and Foreign air carriers): Same as Question 27, except that Foreign Carrier B ceases operations due to bankruptcy on a code share route on which it operates the flight, leaving passengers ticketed by U.S. Carrier A without lift. Answer 28: Other U.S. air carriers have no obligation under section 145 to provide transportation to passengers ticketed by U.S. Carrier A, because it has not ceased operations on a route due to insolvency or bankruptcy and no obligation to transport passengers ticketed by Foreign Carrier B, since it is a foreign carrier. Carrier A would, however, have obligations to the passengers holding tickets for transportation on it as set forth in its contract of carriage. [FR Doc. 05–11537 Filed 6–9–05; 8:45 am] BILLING CODE 4910–62–P VerDate jul<14>2003 17:22 Jun 09, 2005 Jkt 205001 33937 not compromise safety. The agency has concluded that granting these Office of the Secretary exemptions will provide a level of safety that will be equivalent to, or greater Notice of Applications for Certificates than, the level of safety maintained of Public Convenience and Necessity without the exemptions for these and Foreign Air Carrier Permits Filed commercial motor vehicle (CMV) Under Subpart B (Formerly Subpart Q) drivers. During the Week Ending May 27, 2005 DATES: This decision is effective June The following Applications for 26, 2005. Comments from interested Certificates of Public Convenience and persons should be submitted by July 11, Necessity and Foreign Air Carrier 2005. Permits were filed under subpart B ADDRESSES: You may submit comments (formerly subpart Q) of the Department identified by DOT DMS Docket of Transportation’s Procedural Numbers FMCSA–98–4334, FMCSA– Regulations (see 14 CFR 301.201 et 2000–7006, FMCSA–2000–7363, seq.). The due date for Answers, FMCSA–2001–9258, FMCSA–2002– Conforming Applications, or Motions to 13411, and FMCSA–2003–14504, by any Modify Scope are set forth below for of the following methods: each application. Following the Answer • Web site: http://dms.dot.gov. period DOT may process the application Follow the instructions for submitting by expedited procedures. Such comments on the DOT electronic docket procedures may consist of the adoption site. of a show-cause order, a tentative order, • Fax: 1–202–493–2251. • Mail: Docket Management Facility; or in appropriate cases a final order U.S. Department of Transportation, 400 without further proceedings. Seventh Street, SW., Nassif Building, Docket Number OST–2005–21348. Room PL–401, Washington, DC 20590– Date Filed May 26, 2005. 0001. Due Date for Answers, Conforming • Hand Delivery: Room PL–401 on Applications, or Motion to Modify Scope the plaza level of the Nassif Building, June 16, 2005. 400 Seventh Street, SW., Washington, Description DC, between 9 a.m. and 5 p.m., Monday Application of Gulfstream Air Charter, through Friday, except Federal Inc. requesting authority to operate Holidays. scheduled passenger service as a • Federal eRulemaking Portal: Go to commuter air carrier. http://www.regulations.gov. Follow the Maria Gulczewski, on-line instructions for submitting Acting Program Manager, Docket Operations, comments. Alternate Federal Register Liaison. Instructions: All submissions must [FR Doc. 05–11536 Filed 6–9–05; 8:45 am] include the agency name and docket BILLING CODE 4910–62–P numbers for this notice. For detailed instructions on submitting comments and additional information on the DEPARTMENT OF TRANSPORTATION rulemaking process, see the Public Participation heading of the Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION section of Administration this document. Note that all comments received will be posted without change [Docket Nos. FMCSA–98–4334, FMCSA– 2000–7006, FMCSA–2000–7363, FMCSA– to http://dms.dot.gov, including any 2001–9258, FMCSA–2002–13411, FMCSA– personal information provided. Please 2003–14504] see the Privacy Act heading under Regulatory Notices. Qualification of Drivers; Exemption Docket: For access to the docket to Applications; Vision read background documents or comments received, go to http:// AGENCY: Federal Motor Carrier Safety dms.dot.gov at any time or to Room PL– Administration (FMCSA), DOT. 401 on the plaza level of the Nassif ACTION: Notice of renewal of exemption; Building, 400 Seventh Street, SW., request for comments. Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except SUMMARY: This notice publishes the Federal Holidays. FMCSA decision to renew the exemptions from the vision requirement FOR FURTHER INFORMATION CONTACT: Dr. in the Federal Motor Carrier Safety Mary D. Gunnels, Office of Bus and Regulations for 31 individuals. The Truck Standards and Operations, (202) FMCSA has statutory authority to 366–4001, FMCSA, Department of exempt individuals from vision Transportation, 400 Seventh Street, standards if the exemptions granted will SW., Washington, DC 20590–0001. DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 33938 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Notices Office hours are from 8 a.m. to 5 p.m., 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 selfaddressed, 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 requirements 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 31 individuals who have requested renewal of their exemptions in a timely manner. The FMCSA has evaluated these 31 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Gary A. Barrett Donald L. Jensen James H. Oppliger Ivan L. Beal Daryl A. Jester Richard S. Rehbein Johnny A. Beutler Robert L. Joiner, Jr. Bernard E. Roche Daniel R. Brewer James P. Jones David E. Sanders Lynn A. Childress Loras G. Knebel David B. Speller Brett L. Condon Larry J. Lang Lynn D. Veach VerDate jul<14>2003 17:22 Jun 09, 2005 Jkt 205001 Mark W. Coulson Dennis D. Lesperance Dale R. Wheeler Thomas W. Craig John W. Locke Charles M. Wilkins Myron D. Dixon Herman G. Lovell Michael C. Wines Terry W. Dooley Ronald L. Maynard Alfred C. Jenkins William A. Moore, Jr. These exemptions are extended subject to the following conditions: (1) That each individual 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 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 and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by the FMCSA. The exemption will be rescinded 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 not be consistent with the goals and objectives of 49 U.S.C. 31315 and 31136(e). Basis for Renewing Exemptions 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), each of the 31 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 35772; 65 FR 20245; 65 FR 57230; 67 FR 57266; 65 FR 45817; 65 FR 77066; 67 FR 71610; 66 FR 17743; 66 FR 33990; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570). Each of these 31 applicants has requested timely renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, the FMCSA concludes that extending the exemption for each renewal applicant 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 a particular driver’s 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 the safety records of these drivers submit comments by July 11, 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: June 3, 2005. Pamela M. Pelcovits, Office Director, Policy, Plan, and Regulation. [FR Doc. 05–11491 Filed 6–9–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34705] Soo Line Railroad Company D/B/A Canadian Pacific Railway—Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF) has agreed to grant temporary overhead E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Notices]
[Pages 33937-33938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11491]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-98-4334, FMCSA-2000-7006, FMCSA-2000-7363, FMCSA-
2001-9258, FMCSA-2002-13411, FMCSA-2003-14504]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: This notice publishes the FMCSA decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 31 individuals. 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 these exemptions will provide a level of safety that will be 
equivalent to, or greater than, the level of safety maintained without 
the exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective June 26, 2005. Comments from 
interested persons should be submitted by July 11, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers 
FMCSA-98-4334, FMCSA-2000-7006, FMCSA-2000-7363, FMCSA-2001-9258, 
FMCSA-2002-13411, and FMCSA-2003-14504, 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., Nassif Building, 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 numbers 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: Dr. 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.

[[Page 33938]]

Office hours are from 8 a.m. to 5 p.m., 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 requirements 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 31 individuals who have requested renewal of their 
exemptions in a timely manner. The FMCSA has evaluated these 31 
applications for renewal on their merits and decided to extend each 
exemption for a renewable two-year period. They are:
    Gary A. Barrett
    Donald L. Jensen
    James H. Oppliger
    Ivan L. Beal
    Daryl A. Jester
    Richard S. Rehbein
    Johnny A. Beutler
    Robert L. Joiner, Jr.
    Bernard E. Roche
    Daniel R. Brewer
    James P. Jones
    David E. Sanders
    Lynn A. Childress
    Loras G. Knebel
    David B. Speller
    Brett L. Condon
    Larry J. Lang
    Lynn D. Veach
    Mark W. Coulson
    Dennis D. Lesperance
    Dale R. Wheeler
    Thomas W. Craig
    John W. Locke
    Charles M. Wilkins
    Myron D. Dixon
    Herman G. Lovell
    Michael C. Wines
    Terry W. Dooley
    Ronald L. Maynard
    Alfred C. Jenkins
    William A. Moore, Jr.

    These exemptions are extended subject to the following conditions: 
(1) That each individual 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 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 and 
retain a copy of the certification on his/her person while driving for 
presentation to a duly authorized Federal, State, or local enforcement 
official. Each exemption will be valid for two years unless rescinded 
earlier by the FMCSA. The exemption will be rescinded 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 not be consistent with the goals and objectives of 49 U.S.C. 
31315 and 31136(e).

Basis for Renewing Exemptions

    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), each of the 31 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 35772; 65 FR 
20245; 65 FR 57230; 67 FR 57266; 65 FR 45817; 65 FR 77066; 67 FR 71610; 
66 FR 17743; 66 FR 33990; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 
33570). Each of these 31 applicants has requested timely renewal of the 
exemption and has submitted evidence showing that the vision in the 
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 each record of safety while driving with the respective 
vision deficiencies over the past two years indicates each applicant 
continues to meet the vision exemption standards. These factors provide 
an adequate basis for predicting each driver's ability to continue to 
drive safely in interstate commerce. Therefore, the FMCSA concludes 
that extending the exemption for each renewal applicant 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 a 
particular driver's 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 the safety records of these drivers submit 
comments by July 11, 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: June 3, 2005.
Pamela M. Pelcovits,
Office Director, Policy, Plan, and Regulation.
[FR Doc. 05-11491 Filed 6-9-05; 8:45 am]
BILLING CODE 4910-EX-P