Qualification of Drivers; Exemption Renewals; Vision, 9486-9487 [2010-4250]

Download as PDF 9486 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices of these individuals was based on the merits of each case and only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: February 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7918; FMCSA– 2001–10578; FMCSA–2005–21711; FMCSA– 2005–22727; FMCSA–2007–27897] Qualification of Drivers; Exemption Renewals; Vision WReier-Aviles on DSKGBLS3C1PROD with NOTICES AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Jkt 220001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2001–10578; FMCSA– 2005–22194; FMCSA–2005–22727; FMCSA– 2007–29019] Electronic Access Qualification of Drivers; Exemption Renewals; Vision You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. 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 February 10, 2010 (75 FR 1451). FMCSA received no comments in this proceeding. BILLING CODE 4910–EX–P 15:07 Mar 01, 2010 SUPPLEMENTARY INFORMATION: Discussion of Comments [FR Doc. 2010–4254 Filed 3–1–10; 8:45 am] VerDate Nov<24>2008 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. 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 13 renewal applications, FMCSA renews the Federal vision exemptions for Donald J. Bierwirth, Jr., Ronald D. Boeve, Arthur L. Bousema, Matthew W. Daggs, Donald R. Date, Jr., John E. Kimmet, Jr., Robert C. Leathers, Jason L. Light, Robert Mollicone, Kenneth R. Murphy, Robert A. Sherry, Stephen G. Sniffin, and John R. Snyder. 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: February 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–4251 Filed 3–1–10; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 6 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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. 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. 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 February 10, 2010 (75 FR 1450). Discussion of Comments FMCSA received no comments in this proceeding. Conclusion The Agency has not received any adverse evidence on any of these drivers E:\FR\FM\02MRN1.SGM 02MRN1 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices that indicates that safety is being compromised. Based upon its evaluation of the 6 renewal applications, FMCSA renews the Federal vision exemptions for James S. Ayers, Vernon J. Dohrn, Mark A. Massengill, Douglas J. Mauton, Dennis L. Maxcy, and Dean B. Ponte. 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: February 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–4250 Filed 3–1–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Regulatory Guidance Concerning the Applicability of Fees for the Unified Carrier Registration Plan and Agreement WReier-Aviles on DSKGBLS3C1PROD with NOTICES AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of regulatory guidance. SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) announces regulatory guidance concerning the applicability of fees in 49 CFR 367.20 to registration under the Unified Carrier Registration (UCR) Plan and Agreement beginning after December 31, 2009. Until an adjustment in the fees is published by FMCSA, States participating in the UCR Plan and Agreement may assess and collect fees under the current FMCSA regulation. In accordance with a statutory amendment that applies to the current regulation, fees must be based on the number of self-propelled commercial motor vehicles owned and operated. DATES: Effective Date: This regulatory guidance is effective on March 2, 2010. FOR FURTHER INFORMATION CONTACT: Frederic L. Wood, Regulatory Affairs Division, Office of Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590. E-mail: VerDate Nov<24>2008 15:07 Mar 01, 2010 Jkt 220001 9487 commercial motor vehicle is defined as ‘‘a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or Legal Basis cargo * * *.’’ Taken together, these The Secretary of Transportation has provisions required entities subject to the responsibility for setting the initial registration and payment of fees to the fees, as well as any adjustments in those UCR Plan to determine both the number fees, to be paid by motor carrier entities of self-propelled vehicles (i.e., powered required to register with the UCR Plan units, such as tractors and straight and Agreement (49 U.S.C. trucks) and the number of towed 14504a(d)(7)(B)). The Secretary is also vehicles (i.e., trailers) in their fleets in authorized by section 4308 of the Safe, order to assess the applicable fee to be Accountable, Flexible, Efficient paid under 49 CFR 367.20. In § 367.20, FMCSA published a table Transportation Equity Act: A Legacy for that established the fee schedule for Users, Pub L. 109–59, 119 Stat. 1144, motor carrier entities that are subject to 1774 (Aug. 10, 2005) (SAFETEA–LU) registration and payment of fees under (set out as a note to 49 U.S.C. 13902), the UCR Plan. The headings of both to ‘‘issue such regulations as the § 367.20 and the table it contains read Secretary determines are necessary to ‘‘Fees under the Unified Carrier carry out [the Unified Carrier Registration Plan and Agreement for Registration Act of 2005, title IV, each registration year.’’ Accordingly, the subtitle C, of SAFETEA–LU].’’ The fee schedule is not limited to a specific FMCSA Administrator has been delegated authority by 49 CFR 1.73(a)(5) year, but can be used in any registration year. The fee schedule is based on and (7) to carry out the functions and brackets established by the ‘‘number of exercise the authority vested in the Secretary of Transportation by 49 U.S.C. commercial motor vehicles owned or operated by an exempt or non-exempt chapters 139 and 145. motor carrier, motor private carrier, or Background freight forwarder.’’ This is essentially This document provides regulatory identical to the statutory phrase in guidance concerning the applicability of section 14504a(f)(1)(A)(i). Section 49 CFR 367.20, Fees under the Unified 367.20 does not contain a separate Carrier Registration Plan and Agreement definition of the term ‘‘commercial for each registration year, for motor vehicles.’’ Therefore, it is registration years beginning after reasonable to conclude that the term’s December 31, 2009. FMCSA added this meaning is controlled by the statutory section to part 367 of title 49, Code of definition found in section Federal Regulations (CFR) in a final rule 14504a(f)(1)(A)(i). The provisions of in 2007 in order to set the initial fees for § 367.20 have been applied by the States the Unified Carrier Registration Plan participating in the UCR Plan and (UCR Plan). 72 FR 48590 (Aug. 24, Agreement on that basis to assess and 2007). collect fees for three registration years: The UCR Plan is generally governed 2007, 2008 and 2009. See 73 FR 10157– by the provisions of 49 U.S.C. 14504a, 58 (Feb. 26, 2008). as added by section 4305 of SAFETEA– In 2008, in section 701(d)(1)(B) of the LU, 119 Stat. 1764–1773. The UCR Plan Rail Safety Improvement Act of 2008, is the organization responsible for Public Law 110–432, div. A, title IV, 122 implementing and administering the Stat. 4848, 4906 (Oct. 16, 2008), Unified Carrier Registration Agreement Congress amended section (UCR Agreement), an interstate 14504a(a)(1)(A) so that it now provides: agreement governing the collection and [T]he term ‘‘commercial motor vehicle’’— distribution of registration information (i) for calendar years 2008 and 2009, has and fees collected pursuant to the the meaning given the term in section 31101 statute. 49 U.S.C. 14504a(a)(8) and (9). [of title 49, U.S.C.].; and Section 14504a(f)(1)(A)(i) requires that (ii) for years beginning after December 31, 2009, means a self-propelled vehicle motor carriers, motor private carriers, described in section 31101. and freight forwarders operating motor vehicles be charged registration fees that This amendment means that for UCR are ‘‘based on the number of commercial registration years beginning with 2010, motor vehicles owned or operated by the number of ‘‘commercial motor the motor carrier, motor private carrier, vehicles’’ used to determine the size of or freight forwarder * * *.’’ At the time a motor carrier’s fleet will be based only of the issuance of the 2007 final rule, on the number of self-propelled (or section 14504a(a)(1)(A) provided that, in powered) vehicles and will not include general, a commercial motor vehicle towed vehicles. ‘‘has the meaning such term has under Because the meaning of the term [49 U.S.C.] 31101.’’ In that section, a ‘‘commercial motor vehicles’’ in § 367.20 frederic.wood@dot.gov. Telephone: (202) 366–0834. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9486-9487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4250]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-10578; FMCSA-2005-22194; FMCSA-2005-22727; 
FMCSA-2007-29019]


Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 6 individuals. FMCSA has statutory authority to 
exempt individuals from the vision requirement 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.

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.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-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 statute also allows the 
Agency to renew exemptions at the end of the 2-year period. The comment 
period ended on February 10, 2010 (75 FR 1450).

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these 
drivers

[[Page 9487]]

that indicates that safety is being compromised. Based upon its 
evaluation of the 6 renewal applications, FMCSA renews the Federal 
vision exemptions for James S. Ayers, Vernon J. Dohrn, Mark A. 
Massengill, Douglas J. Mauton, Dennis L. Maxcy, and Dean B. Ponte.
    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: February 19, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-4250 Filed 3-1-10; 8:45 am]
BILLING CODE 4910-EX-P
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