Qualification of Drivers; Exemption Renewals; Vision; Correction, 6214-6215 [E9-2437]
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6214
Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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 statute also
allows the Agency to renew exemptions
at the end of the 2-year period. The
comment period ended on January 12,
2009.
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
The Agency has not received any
adverse evidence on any of these drivers
that indicates that safety is being
compromised. Based upon its
evaluation of the 12 renewal
applications, FMCSA renews the
Federal vision exemptions for Robert W.
Brown, David D. Bungori, Jr., Benny J.
Burke, David R. Cox, Gary T. Hicks,
Robert T. Hill, John C. McLaughlin,
Kenneth D. Sisk, David W. Skillman,
Rick N. Ulrich, Stephen D. Vice and
Larry D. Wedekind.
In accordance with 49 U.S.C. 31136(e)
and 31315, each renewal exemption will
be valid for 2 years unless revoked
earlier by FMCSA. The exemption will
be revoked 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. 31136 and 31315.
Issued on: January 29, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–2432 Filed 2–4–09; 8:45 am]
DEPARTMENT OF TRANSPORTATION
rwilkins on PROD1PC63 with NOTICES
Federal Motor Carrier Safety
Administration
VerDate Nov<24>2008
16:34 Feb 04, 2009
Jkt 217001
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov, by accessing the
docket numbers in the heading of this
notice.
FMCSA announced in the September
9, 2008, October 17, 2008 and October
31, 2008 notices that no comments were
received in the proceedings. This was in
error. The notices should read that
comments were received. The
Advocates for Highway and Auto Safety
filed the same comment in all four
proceedings.
Corrections
[Docket No. FMCSA–1999–5578; FMCSA–
1999–5748; FMCSA–1999–6480; FMCSA–
2000–7165; FMCSA–2001–11426; FMCSA
2002–11714; FMCSA–2002–12294; FMCSA–
2003–14223; FMCSA–2004–17195; FMCSA–
2004–17984; FMCSA–2005–21254; FMCSA–
2005–22194; FMCSA–2005–23238; FMCSA–
2006–24015; FMCSA–2006–24783]
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
SUMMARY: On September 9, 2008 (73 FR
52451), October 17, 2008 (73 FR 61927),
and October 31, 2008 (73 FR 65009), the
Federal Motor Carrier Safety
Administration (FMCSA) published four
notices of final disposition in the
Federal Register with an inadvertent
error in each. Those notices stated that
the Agency did not receive comments in
the proceedings. This document corrects
that error, because it was brought to the
Agency’s attention that comments had
been submitted. This correction does
not affect the Agency’s previous
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for the
individuals specifically identified in the
September 9, 2008, October 17, 2008
and October 31, 2008 final disposition
notices.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202)–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
BILLING CODE 4910–EX–P
Qualification of Drivers; Exemption
Renewals; Vision; Correction
ACTION: Notice of final disposition;
Correction.
1. In notice FR Doc. E8–20890
beginning on page 52451, second
column, under the separate headings of
Discussion of Comments and
Conclusion, in the issue of Tuesday,
September 9, 2008:
2. In notice FR Doc. E8–224695
beginning on page 61927, second
column, under the separate headings of
Discussion of Comments and
Conclusion, in the issue of Friday,
October 17, 2008:
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
3. In notice FR Doc. E8–224698
beginning on page 61927, third column,
under the separate headings of
Discussion of Comments and
Conclusion, in the issue of Friday,
October 17, 2008:
4. In notice FR Doc. E8–26059
beginning on page 65010, first column,
under the separate headings of
Discussion of Comments and
Conclusion, in the issue of Friday,
October 31, 2008, change to read as
follows:
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment was
considered and discussed below.
Advocates for Highway and Auto
Safety (Advocates) expressed opposition
to FMCSA’s policy to grant exemptions
from the FMCSR, including the driver
qualification standards. Specifically,
Advocates: (1) Objects to the manner in
which FMCSA presents driver
information to the public and makes
safety determinations; (2) objects to the
Agency’s reliance on conclusions drawn
from the vision waiver program; (3)
claims the Agency has misinterpreted
statutory language on the granting of
exemptions (49 U.S.C. 31136(e) and
31315); and finally (4) suggests that a
1999 Supreme Court decision affects the
legal validity of vision exemptions.
The issues raised by Advocates were
addressed at length in 64 FR 51568
(September 23, 1999), 64 FR 66962
(November 30, 1999), 64 FR 69586
(December 13, 1999), 65 FR 159 (January
3, 2000), 65 FR 57230 (September 21,
2000), and 66 FR 13825 (March 7, 2001).
We will not address these points again,
but refer interested parties to those
earlier discussions.
Conclusion
FMCSA has statutory authority to
exempt individuals from the vision
requirement if the exemptions granted
will not compromise safety. The Agency
has reviewed the comments submitted
in response to the previous
announcements and 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. The Agency has not received
any adverse evidence on any of these
drivers that indicates that safety is being
compromised. Based upon evaluation of
the renewal applicants, FMCSA stands
by its decision to renew the exemptions
from the Federal Motor Carrier Safety
regulations for the 39 individuals
specified in the September 9, 2008 final
disposition notice, the 34 individuals
E:\FR\FM\05FEN1.SGM
05FEN1
Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices
and the 16 individuals specified in the
two October 17, 2008 final disposition
notices and the 13 individuals specified
in October 31, 2008 final disposition
notice.
In accordance with 49 U.S.C. 31136(e)
and 31315, each renewal exemption will
be valid for 2 years unless revoked
earlier by FMCSA. The exemption will
be revoked 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. 31136 and 31315.
Issued on: January 29, 2009
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–2437 Filed 2–4–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2009–0019 (Notice No.
09–1)]
Information Collection Activities
rwilkins on PROD1PC63 with NOTICES
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on certain
information collections pertaining to
hazardous materials transportation for
which PHMSA intends to request
renewal from the Office of Management
and Budget (OMB).
DATE: Interested persons are invited to
submit comments on or before April 6,
2009.
ADDRESSES: You may submit comments
identified by the docket number
(PHMSA–2009–0019) by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
VerDate Nov<24>2008
16:34 Feb 04, 2009
Jkt 217001
ground floor of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: All submissions must
include the agency name and docket
number or Regulation Identification
Number (RIN) for this notice. Internet
users may access comments received by
DOT at: https://www.regulations.gov.
Note that comments received will be
posted without change to: https://
www.regulations.gov including any
personal information provided.
Requests for a copy of an information
collection should be directed to Deborah
Boothe or T. Glenn Foster, Office of
Hazardous Materials Standards (PHH–
11), Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey
Avenue, SE., East Building, 2nd Floor,
Washington, DC 20590–0001,
Telephone (202) 366–8553.
FOR FURTHER INFORMATION CONTACT:
Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards
(PHH–11), Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue, SE., East Building,
2nd Floor, Washington, DC 20590–0001,
Telephone (202) 366–8553.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies information collection
requests that PHMSA will be submitting
to OMB for renewal and extension.
These information collections are
contained in 49 CFR 171.6 of the
Hazardous Materials Regulations (HMR;
49 CFR Parts 171–180). PHMSA has
revised burden estimates, where
appropriate, to reflect current reporting
levels or adjustments based on changes
in proposed or final rules published
since the information collections were
last approved. The following
information is provided for each
information collection: (1) Title of the
information collection, including former
title if a change is being made; (2) OMB
control number; (3) summary of the
information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a three-year term of approval for
each information collection activity and,
when approved by OMB, publish notice
of the approval in the Federal Register.
PHMSA requests comments on the
following information collections:
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
6215
Title: Rulemaking, Special Permits,
and Preemption Requirements.
OMB Control Number: 2137–0051.
Summary: This collection of
information applies to rulemaking
procedures regarding the HMR. Specific
areas covered in this information
collection include Part 105, Subpart A
and Subpart B, ‘‘Hazardous Materials
Program Definitions and General
Procedures’’; Part 106, Subpart B,
‘‘Participating in the Rulemaking
Process’’; Part 107, Subpart B, ‘‘Special
Permits’’; and Part 107, Subpart C,
‘‘Preemption.’’ The Federal hazardous
materials transportation law directs the
Secretary of Transportation to prescribe
regulations for the safe transportation of
hazardous materials in commerce. We
are authorized to accept petitions for
rulemaking and appeals, as well as
applications for exemptions,
preemption determinations and waivers
of preemption. The types of information
collected include:
(1) Petitions for Rulemaking: Any
person may petition the Office of
Hazardous Materials Standards to add,
amend, or delete a regulation in Parts
110, 130, 171 through 180, or may
petition the Office of the Chief Counsel
to add, amend, or delete a regulation in
Parts 105, 106 or 107.
(2) Appeals: Except as provided in
§ 106.40(e), any person may submit an
appeal to our actions in accordance with
the Appeals procedures found in
§§ 106.110 through 106.130.
(3) Application for Special Permit:
Any person applying for a special
permit must include the citation of the
specific regulation from which the
applicant seeks relief; specification of
the proposed mode or modes of
transportation; detailed description of
the proposed special permit (e.g.,
alternative packaging, test, procedure or
activity), including as appropriate,
written descriptions, drawings, flow
charts, plans and other supporting
documents, etc.
(4) Application for Preemption
Determination: With the exception of
highway routing matters covered under
49 U.S.C. 5125(c), any person directly
affected by any requirement of a State,
political subdivision, or Indian tribe
may apply to the Chief Counsel for a
determination whether that requirement
is preempted by § 107.202(a), (b) or (c).
The application must include the text of
the State or political subdivision or
Indian tribe requirement for which the
determination is sought; specify each
requirement of the Federal hazardous
materials transportation law, regulations
issued under the Federal hazardous
material transportation law, or
hazardous material transportation
E:\FR\FM\05FEN1.SGM
05FEN1
]]>Agencies
[Federal Register Volume 74, Number 23 (Thursday, February 5, 2009)]
[Notices]
[Pages 6214-6215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2437]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-
2000-7165; FMCSA-2001-11426; FMCSA 2002-11714; FMCSA-2002-12294; FMCSA-
2003-14223; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2005-21254;
FMCSA-2005-22194; FMCSA-2005-23238; FMCSA-2006-24015; FMCSA-2006-24783]
Qualification of Drivers; Exemption Renewals; Vision; Correction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; Correction.
-----------------------------------------------------------------------
SUMMARY: On September 9, 2008 (73 FR 52451), October 17, 2008 (73 FR
61927), and October 31, 2008 (73 FR 65009), the Federal Motor Carrier
Safety Administration (FMCSA) published four notices of final
disposition in the Federal Register with an inadvertent error in each.
Those notices stated that the Agency did not receive comments in the
proceedings. This document corrects that error, because it was brought
to the Agency's attention that comments had been submitted. This
correction does not affect the Agency's previous decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for the individuals specifically identified in the
September 9, 2008, October 17, 2008 and October 31, 2008 final
disposition notices.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202)-366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at https://www.regulations.gov, by accessing
the docket numbers in the heading of this notice.
Background
FMCSA announced in the September 9, 2008, October 17, 2008 and
October 31, 2008 notices that no comments were received in the
proceedings. This was in error. The notices should read that comments
were received. The Advocates for Highway and Auto Safety filed the same
comment in all four proceedings.
Corrections
1. In notice FR Doc. E8-20890 beginning on page 52451, second
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Tuesday, September 9, 2008:
2. In notice FR Doc. E8-224695 beginning on page 61927, second
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Friday, October 17, 2008:
3. In notice FR Doc. E8-224698 beginning on page 61927, third
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Friday, October 17, 2008:
4. In notice FR Doc. E8-26059 beginning on page 65010, first
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Friday, October 31, 2008, change to read as
follows:
Discussion of Comments
FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
Advocates for Highway and Auto Safety (Advocates) expressed
opposition to FMCSA's policy to grant exemptions from the FMCSR,
including the driver qualification standards. Specifically, Advocates:
(1) Objects to the manner in which FMCSA presents driver information to
the public and makes safety determinations; (2) objects to the Agency's
reliance on conclusions drawn from the vision waiver program; (3)
claims the Agency has misinterpreted statutory language on the granting
of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests
that a 1999 Supreme Court decision affects the legal validity of vision
exemptions.
The issues raised by Advocates were addressed at length in 64 FR
51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR
69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230
(September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not
address these points again, but refer interested parties to those
earlier discussions.
Conclusion
FMCSA has statutory authority to exempt individuals from the vision
requirement if the exemptions granted will not compromise safety. The
Agency has reviewed the comments submitted in response to the previous
announcements and 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. The Agency has not received any adverse
evidence on any of these drivers that indicates that safety is being
compromised. Based upon evaluation of the renewal applicants, FMCSA
stands by its decision to renew the exemptions from the Federal Motor
Carrier Safety regulations for the 39 individuals specified in the
September 9, 2008 final disposition notice, the 34 individuals
[[Page 6215]]
and the 16 individuals specified in the two October 17, 2008 final
disposition notices and the 13 individuals specified in October 31,
2008 final disposition notice.
In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked 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. 31136 and 31315.
Issued on: January 29, 2009
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2437 Filed 2-4-09; 8:45 am]
BILLING CODE 4910-EX-P
