Qualification of Drivers; Exemption Applications; Vision, 41811-41812 [05-14258]
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2005–41]
Petitions for Exemption; Summary of
Petitions Received
1), Federal Aviation Administration,
800 Independence Avenue, SW.,
Washington, DC 20591.
Issued in Washington, DC, on July 14,
2005.
Anthony F. Fazio,
Director, Office of Rulemaking.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petitions for
exemption received.
Petitions for Exemption
Comments on petitions received
must identify the petition docket
number involved and must be received
on or before August 1, 2005.
ADDRESSES: You may submit comments
(identified by DOT DMS Docket Number
FAA–2005–21786) by any of the
following methods:
• Web Site: https://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–
001.
• 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.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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:
Kenna Sinclair (425) 227–1556,
Transport Airplane Directorate (ANM–
113), Federal Aviation Administration,
1601 Lind Ave SW., Renton, WA
98055–4056; or John Linsenmeyer (202)
267–5174, Office of Rulemaking (ARM–
[Docket Nos. FMCSA–98–4334, FMCSA–
2000–7918, FMCSA–2001–9258, FMCSA–
2001–9561, FMCSA–2002–13411]
AGENCY:
Docket No.: FAA–2005–21786.
Petitioner: The Boeing Company.
Section of 14 CFR Affected: 25.855(b),
25.855(h)(2), 25.857(e)(2), and
SUMMARY: Pursuant to FAA’s rulemaking
25.857(e)(3).
provisions governing the application,
Description of Relief Sought: Relief
processing, and disposition of petitions
from the design and performance
for exemption part 11 of Title 14, Code
requirements regarding fire protection
of Federal Regulations (14 CFR), this
systems for the main deck cargo
notice contains a summary of certain
compartment on Boeing Model 747–400
petitions seeking relief from specified
requirements of 14 CFR. The purpose of large cargo freighters.
[FR Doc. 05–14249 Filed 7–19–05; 8:45 am]
this notice is to improve the public’s
awareness of, and participation in, this
BILLING CODE 4910–13–P
aspect of FAA’s regulatory activities.
Neither publication of this notice nor
the inclusion or omission of information DEPARTMENT OF TRANSPORTATION
in the summary is intended to affect the
Federal Motor Carrier Safety
legal status of any petition or its final
Administration
disposition.
DATES:
VerDate jul<14>2003
14:24 Jul 19, 2005
Jkt 205001
Qualification of Drivers; Exemption
Applications; Vision
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
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 25 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.
This decision is effective August
8, 2005. Comments from interested
persons should be submitted by August
19, 2005.
ADDRESSES: You may submit comments
identified by DOT DMS Docket
Numbers FMCSA–98–4334, FMCSA–
2000–7918, FMCSA–2001–9258,
FMCSA–2001–9561, and FMCSA–2002–
13411 by any of the following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
DATES:
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
41811
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.
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 https://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 https://
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.
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
E:\FR\FM\20JYN1.SGM
20JYN1
41812
Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31315 and
31136(e).
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 25
individuals who have requested renewal
of their exemptions in a timely manner.
The FMCSA has evaluated these 25
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period. They
are:
Roger D. Anderson, Joey E. Buice,
Ronald D. Danberry, Paul W. Dawson,
Lois E. De Souza, Tomie L. Estes, Jay E.
Finney, Steven A. Garrity, Waylon E.
Hall, Britt D. Hazelwood, Jeffrey M.
Kimsey, Robert C. Leathers, Richard L.
Leonard, Larry T. Morrison, Gerald L.
Phelps, Jr., Ronald F. Prezzia, Thomas
G. Raymond, Tim M. Seavy, Kim L.
Seibel, Randy D. Stanley, Lee T. Taylor,
James M. Tayman, Sr., Wesley E.
Turner, Kevin L. Wickard, John C.
Young.
These exemptions are extended
subject to the following conditions: (1)
That each individual have a physical
examination 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
Basis for Renewing Exemptions
VerDate jul<14>2003
14:24 Jul 19, 2005
Jkt 205001
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 25 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR
16517; 66 FR 41656; 68 FR 44837; 65 FR
66286; 66 FR 13825; 68 FR 10300; 66 FR
17743; 66 FR 33990; 68 FR 35772; 66 FR
30502; 66 FR 41654; 67 FR 76439; 68 FR
10298). Each of these 25 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 August 19,
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 00134
Fmt 4703
Sfmt 4703
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: July 13, 2005.
Larry W. Minor,
Office Director, Bus and Truck Standards and
Operations.
[FR Doc. 05–14258 Filed 7–19–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34719]
Cornhusker Railways LLC—
Acquisition and Operation
Exemption—Rail Line of DTE Rail
Services, Inc.
Cornhusker Railways LLC (CHR), a
noncarrier,1 has filed a verified notice of
exemption under 49 CFR 1150.31 to
acquire by purchase from DTE Rail
Services, Inc. (DTERS) and operate
approximately 5.0 miles of rail line, as
well as certain related yard, industry,
side and spur tracks, between an
interchange with BNSF Rail Company
(BNSF) at milepost 103.55 near Ovina,
and an interchange with Union Pacific
Railroad Company (UP) at milepost
154.5 near Alda, in Hall County, NE.2
CHR certifies that its projected
revenues as a result of the transaction
will not exceed those that would qualify
it as a Class III rail carrier and will not
exceed $5 million.
Consummation was scheduled to take
place shortly after the effective date of
the exemption (the exemption became
effective June 27, 2005, 7 days after
filing).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
1 CHR is controlled by noncarrier DTE Coal
Services, which does not control any other carriers.
2 DTERS purchased the line along with certain
other adjacent rail facilities and associated
structures from the U.S. Government in 2004 for use
in the construction and operation of a railcar repair
facility. The line connects with BNSF and UP, and
DTERS has used the line as a private spur for the
transfer of railcars between its shops and the two
railroads. Under the proposed transaction, CHR will
purchase both the track and the underlying rightof-way and will grant a non-exclusive, immediately
terminable lease of the line back to DTERS for
DTERS’ non-common carrier use. CHR will retain
the responsibility and the ability to provide
common carrier service by means of reserved joint
use rights.
E:\FR\FM\20JYN1.SGM
20JYN1
]]>Agencies
[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41811-41812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14258]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-98-4334, FMCSA-2000-7918, FMCSA-2001-9258, FMCSA-
2001-9561, FMCSA-2002-13411]
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
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 25 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 August 8, 2005. Comments from
interested persons should be submitted by August 19, 2005.
ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers
FMCSA-98-4334, FMCSA-2000-7918, FMCSA-2001-9258, FMCSA-2001-9561, and
FMCSA-2002-13411 by any of the following methods:
Web site: https://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.
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 https://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 https://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.
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
[[Page 41812]]
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78) or you may visit https://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 25 individuals who have requested renewal of their
exemptions in a timely manner. The FMCSA has evaluated these 25
applications for renewal on their merits and decided to extend each
exemption for a renewable two-year period. They are:
Roger D. Anderson, Joey E. Buice, Ronald D. Danberry, Paul W.
Dawson, Lois E. De Souza, Tomie L. Estes, Jay E. Finney, Steven A.
Garrity, Waylon E. Hall, Britt D. Hazelwood, Jeffrey M. Kimsey, Robert
C. Leathers, Richard L. Leonard, Larry T. Morrison, Gerald L. Phelps,
Jr., Ronald F. Prezzia, Thomas G. Raymond, Tim M. Seavy, Kim L. Seibel,
Randy D. Stanley, Lee T. Taylor, James M. Tayman, Sr., Wesley E.
Turner, Kevin L. Wickard, John C. Young.
These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination 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. Sec. Sec. 31315 and 31136(e), each of the 25 applicants has
satisfied the entry conditions for obtaining an exemption from the
vision requirements (63 FR 66226; 64 FR 16517; 66 FR 41656; 68 FR
44837; 65 FR 66286; 66 FR 13825; 68 FR 10300; 66 FR 17743; 66 FR 33990;
68 FR 35772; 66 FR 30502; 66 FR 41654; 67 FR 76439; 68 FR 10298). Each
of these 25 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 August 19, 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: July 13, 2005.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
[FR Doc. 05-14258 Filed 7-19-05; 8:45 am]
BILLING CODE 4910-EX-P
