Qualification of Drivers; Exemption Applications; Vision, 61165-61166 [05-21006]

Download as PDF Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices conformity with the SIP. This assessment is contained in the Final Air Quality General Conformity Determination in Appendix G–5 of the FEIS. Pursuant to the National Historic Preservation Act of 1966, as amended, including Executive Order 11593, Protection and Enhancement of the Cultural Environment, FAA assessed whether its action in approving the proposed project would result in adverse impacts to Historic and Archaeological Resources. The results of this assessment indicated that the Preferred Alternative would result in impacts to resources that are listed in, and eligible for, listing in the National Register of Historic Places. FAA has consulted with the Virginia State Historic Preservation Office (SHPO) concerning the effects assessment and has executed a project specific Memorandum of Agreement (MOA) that identifies treatment of the affected resources. The executed MOA is contained in Appendix B of the ROD. In accordance with the Coastal Zone Management Act of 1972, as amended, the Preferred Alternative was evaluated for consistency with the Virginia Coastal Program. FAA’s evaluation determined that the Preferred Alternative is consistent with the Virginia Coastal Zone Program. The Federal Consistency Determination is contained in Appendix C–3 of the FEIS. In accordance with Executive Order 11988, Floodplain Management and Order DOT 5650.2, Floodplain Management and Protection, FAA evaluated whether the Preferred Alternative would impact base floodplain based on a 100-year flood. The results of this assessment indicated that the Preferred Alternative would result in unavoidable impacts to the base floodplain and that all available measures to minimize harm will be included in the project design. FAA’s analysis has also determined that the base floodplain encroachment with the proposed mitigation does not constitute a ‘‘significant’’ encroachment. Measures to mitigate base floodplain impact are included in the FEIS. The public was informed of the base floodplain encroachment through FAA’s ongoing Public Involvement Program. Copies of the ROD are available for review by appointment only at the following FAA/MWAA Offices. Please call to make arrangements for viewing: Federal Aviation Administration, Washington Airports District Office, 23723 Air Freight Lane, Suite 210, Dulles, VA, (703) 661–1358; Washington Dulles International Airport, Airport Managers Office, Main Terminal VerDate Aug<31>2005 16:14 Oct 19, 2005 Jkt 208001 Baggage Claim Level, Dulles, VA, (703) 572–2710. Additionally, copies of the ROD may be viewed during regular business hours at the following locations: 1. Centreville Regional Library, 14200 St. Germaine Drive, Centreville, VA. 2. Chantilly Regional Library, 4000 Stringfellow Road, Chantilly, VA. 3. Great Falls Library, 9830 Georgetown Pike, Great Falls, VA. 4. Herndon Fortnightly Library, 768 Center Street, Herndon, VA. 5. Reston Regional Library, 11925 Bowman Towne Drive, Reston, VA. 6. Fairfax City Regional Library, 3915 Chain Bridge Road, Fairfax, VA. 7. Ashburn Library, 43316 Hay Road, Ashburn, VA. 8. Rust Library, 380 Old Waterford Road, Leesburg, VA. 9. Middleburg Library, 101 Reed Street, Middleburg, VA. 10. Purcellville Library, 220 E. Main Street, Purcellville, VA. 11. Sterling Library, 120 Enterprise Street, Sterling, VA. 12. Eastern Loudoun Regional Library, 21030 Whitfield Place, Sterling, VA. 13. Tysons-Pimmit Regional Library, 7584 Leesburg Pike, Falls Church, VA. The ROD may also be viewed at Metropolitan Washington Airports Authority’s (MWAA) Dulles Airport Web site: http://www.mwaa.com/dulles/ EnvironmentalStudies/ RunwaysEIS.htm. FOR FURTHER INFORMATION CONTACT: Joseph Delia, Project Manager, Federal Aviation Administration, Washington Airports District Office, 23723 Air Freight Lane, Suite 210, Dulles, VA. Mr. Delia can be contacted at (703) 661– 1358. Issued in Washington, DC on October 17, 2005. Terry Page, Manager, Washington Airports District Office, Federal Aviation Administration. [FR Doc. 05–21032 Filed 10–19–05; 8:45am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–99–5578, FMCSA–99– 6480, FMCSA–2000–7363, FMCSA–2001– 9258, FMCSA–2001–9561, FMCSA–2002– 12884, FMCSA–2003–14223, FMCSA–2003– 15892] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 61165 Notice of renewal of exemption; request for comments. ACTION: SUMMARY: This notice publishes FMCSA’s decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 30 individuals. FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting the renewal of these exemptions will continue to 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 October 30, 2005. Comments from interested persons should be submitted by November 21, 2005. ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers FMCSA–99–5578, FMCSA– 99–6480, FMCSA–2000–7363, FMCSA– 2001–9258, FMCSA–2001–9561, FMCSA–2002–12884, FMCSA–2003– 14223, FMCSA–2003–15892 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. 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 E:\FR\FM\20OCN1.SGM 20OCN1 61166 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 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 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), 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 30 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 30 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Thomas E. Adams Lauren C. Allen Tracey A. Ammons Stanley E. Bernard Randy B. Combs William J. Corder Robert L. Cross, Jr. James D. Davis William P. Davis VerDate Aug<31>2005 16:14 Oct 19, 2005 Jkt 208001 John C. Gadomski Edward J. Genovese Dewayne E. Harms James W. Harris Mark D. Kraft David F. LeClerc Charles L. Lovern Jimmy R. Millage Keith G. Reichel Carson E. Rohrbaugh Robert E. Sanders Earl W. Sheets James T. Simmons Donald J. Snider John A. Sortman Jesse L. Townsend Thomas D. Walden James A. Welch John M. Whetham Edward W. Yeates, Jr. Michael E. Yount These exemptions are renewed 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 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 30 applicants has satisfied the eligibility requirements for obtaining an exemption from the vision standard (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 54775; 64 FR 68195; PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 65 FR 20251; 67 FR 17102; 65 FR 45817; 65 FR 77066; 68 FR 1654; 66 FR 17743; 66 FR 33990; 66 FR 30502; 66 FR 41654; 67 FR 68719; 68 FR 2629; 68 FR 10301; 68 FR 19596; 68 FR 52811; 68 FR 61860). Each of these 30 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, 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 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, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by November 21, 2005. In the past FMCSA has received comments from Advocates for Highway and Auto Safety (Advocates) expressing continued opposition to 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). FMCSA continues to find its exemption process consistent with the statutory and regulatory requirements. Issued on: October 14, 2005. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. 05–21006 Filed 10–19–05; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Pages 61165-61166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21006]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-99-5578, FMCSA-99-6480, FMCSA-2000-7363, FMCSA-2001-
9258, FMCSA-2001-9561, FMCSA-2002-12884, FMCSA-2003-14223, FMCSA-2003-
15892]


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 FMCSA's decision to renew the exemptions 
from the vision requirement in the Federal Motor Carrier Safety 
Regulations for 30 individuals. FMCSA has statutory authority to exempt 
individuals from vision standards if the exemptions granted will not 
compromise safety. The agency has concluded that granting the renewal 
of these exemptions will continue to 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 October 30, 2005. Comments from 
interested persons should be submitted by November 21, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Numbers 
FMCSA-99-5578, FMCSA-99-6480, FMCSA-2000-7363, FMCSA-2001-9258, FMCSA-
2001-9561, FMCSA-2002-12884, FMCSA-2003-14223, FMCSA-2003-15892 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.
    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

[[Page 61166]]

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 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), 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 30 
individuals who have requested renewal of their exemptions in a timely 
manner. FMCSA has evaluated these 30 applications for renewal on their 
merits and decided to extend each exemption for a renewable two-year 
period. They are:

Thomas E. Adams
Lauren C. Allen
Tracey A. Ammons
Stanley E. Bernard
Randy B. Combs
William J. Corder
Robert L. Cross, Jr.
James D. Davis
William P. Davis
John C. Gadomski
Edward J. Genovese
Dewayne E. Harms
James W. Harris
Mark D. Kraft
David F. LeClerc
Charles L. Lovern
Jimmy R. Millage
Keith G. Reichel
Carson E. Rohrbaugh
Robert E. Sanders
Earl W. Sheets
James T. Simmons
Donald J. Snider
John A. Sortman
Jesse L. Townsend
Thomas D. Walden
James A. Welch
John M. Whetham
Edward W. Yeates, Jr.
Michael E. Yount

    These exemptions are renewed 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 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 30 applicants has satisfied the 
eligibility requirements for obtaining an exemption from the vision 
standard (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 54775; 64 FR 
68195; 65 FR 20251; 67 FR 17102; 65 FR 45817; 65 FR 77066; 68 FR 1654; 
66 FR 17743; 66 FR 33990; 66 FR 30502; 66 FR 41654; 67 FR 68719; 68 FR 
2629; 68 FR 10301; 68 FR 19596; 68 FR 52811; 68 FR 61860). Each of 
these 30 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, 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

    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, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by November 21, 2005.
    In the past FMCSA has received comments from Advocates for Highway 
and Auto Safety (Advocates) expressing continued opposition to 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). FMCSA continues to find its exemption process 
consistent with the statutory and regulatory requirements.

    Issued on: October 14, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-21006 Filed 10-19-05; 8:45 am]
BILLING CODE 4910-EX-P