Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Notices 79085 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8-785.pdf. 

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 

Under 49 U.S.C. 31136(e) and 31315, 

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. 

Exemption Decision 

This notice addresses 12 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

12 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Johnny 

Becerra 

John B. 

Ethridge 

Michael B. 

McClure 

Ross E. Burroughs Larry J. 

Folkerts 

Francis M. 

McMullin 

Lester W. 

Carter 

Paul W. 

Hunter 

Norman 

Mullins 

Christopher L. 

DePuy 

Ray P. Lenz David Triplett 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has 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 

provides 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 retains 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. 

31136(e) and 31315. 

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. 31136(e) and 

31315, each of the 12 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (69 FR 64806; 70 FR 2705; 

72 FR 1056; 73 FR 76349). Each of these 

12 applicants has requested 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. 

Request for 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. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by January 18, 

2011. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 12 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made 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: December 13, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2010–31772 Filed 12–16–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2010–0353; Notice No. 

10–9] 

Notice and Request for Comments on 

the Clarification of the Fireworks 

Approvals Policy 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice. 

SUMMARY: PHMSA is seeking comment 

on its intent to clarify its fireworks 

approvals policy whereby the Office of 

Hazardous Materials Safety (OHMS), 

Approvals and Permits Division will 

only accept fireworks approvals 

applications from manufacturers and 

grant approvals only to manufacturers of 

fireworks devices. 

DATES: Comments Due Date: January 18, 

2011. 

ADDRESSES: You may submit comments 

by identification of the docket number 


emcdonald on DSK2BSOYB1PROD with NOTICES
79086 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Notices 

1 In Northern Plains Railroad—Operation 

Exemption—Rail Line of Mohall Central Railroad, 

FD 34780 (STB served Dec. 29. 2005), Northern 

Plains Railroad, Inc. (NPR) was authorized to 

operate a 69.15-mile line of railroad that includes 

this portion of the rail line. Applicant states that 

because NPR never instituted service on the line, 

MCR does not need NPR to obtain discontinuance 

authority before MCR seeks abandonment authority 

here. See Mohall Cent. R.R.—Aban. Exemption—in 

Nelson, Ramsey, and Cavalier Counties, ND, AB 

1003X, slip op. at 1 n.1 (STB served Oct. 29, 2007). 

MCR has certified to the Board that it has notified 

NPR of its plans to abandon the 5.4-mile portion of 

the line and has served a copy of its notice on NPR. 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Office of Environmental 

Analysis (OEA) in its independent investigation) 

cannot be made before the exemption’s effective 

date. See Exemption of Out-of-Serv. Rail Lines, 5 

I.C.C.2d 377 (1989). Any request for a stay should 

be filed as soon as possible so that the Board may 

take appropriate action before the exemption’s 

effective date. 

3Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

(PHMSA–2010–0353 (Notice No. 10–9)) 

by any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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 

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 for this notice at the beginning 

of the comment. All comments received 

will be posted without change to the 

Federal Docket Management System 

(FDMS), including any personal 

information. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ryan Paquet, Director, Approvals and 

Permits Division, Office of Hazardous 

Materials Safety, (202) 366–4512, 

PHMSA, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

Background 

The pyrotechnic industry is a global 

logistics supply chain comprised of 

mostly foreign fireworks manufacturers 

and domestic importers, retailers, 

distributors, and consumers. The 

transportation of a firework requires the 

issuance of an EX number approval by 

PHMSA. An EX number is a PHMSAissued unique identifier that is more 

specific than just a hazard classification; 

an EX number applies to a particular 

explosive formula, device, and its 

packaging. 

PHMSA understands that typically a 

fireworks device made by one 

manufacturer is packaged and marketed 

under a variety of different names 

according to the specifications of the 

various U.S. importers. Under the 

current approval process, before the 

fireworks device enters the U.S., each 

individual importer, retailer, and 

distributor, in addition to the original 

manufacturer, has been requesting 

separate and unique EX numbers for 

what are essentially identical fireworks 

devices. This results in multiple 

approval applications for functionally 

indistinguishable fireworks devices. 

For at least ten years, PHMSA has 

been accepting these fireworks approval 

applications and issuing fireworks 

approvals to members of the 

pyrotechnic industry regardless of their 

actual position in the supply chain. It is 

unclear as to what was the justification 

for this action. Regardless, this 

redundant and burdensome process 

does not promote the safe transportation 

of fireworks devices, but rather has 

negative impacts on process efficiency 

and impedes the conduct of business for 

both the fireworks industry and 

PHMSA. 

In this notice, PHMSA is seeking 

comment on its intent to only accept 

fireworks approval applications from, 

and issue fireworks approvals to, 

fireworks manufacturers. In addition, 

PHMSA is also seeking comment on its 

intent to consider a fireworks 

manufacturer to be an entity that 

formulates and produces a firework (for 

the definition of a firework, see 

§ 173.59) or has previously produced a 

firework device but has made a change 

in the formulation, design, or process so 

as to alter the properties of the firework. 

After the comments received to this 

notice have been considered, PHMSA 

will issue a final notice responding to 

any comments received. PHMSA 

believes that by issuing fireworks 

approvals only to manufacturers, as 

described in this notice, it will enhance 

safety by ensuring uniform classification 

of fireworks devices, eliminating 

application duplicity, and minimizing 

the potential risks of the shipment of 

unapproved fireworks. 

Issued in Washington, DC, on December 

13, 2010 under authority delegated in 49 CFR 

part 1. 

Magdy El-Sibaie, 

Associate Administrator for Hazardous 

Materials Safety Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2010–31703 Filed 12–16–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 1003 (Sub-No. 1X)] 

Mohall Central Railroad, Inc.— 

Abandonment Exemption—in Cavalier 

County, ND 

Mohall Central Railroad, Inc. (MCR) 

filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments to abandon a 

5.4-mile line of railroad extending 

between milepost 67.5 near Calvin, 

N.D., and milepost 72.9 at Sarles, N.D.1

The line traverses United States Postal 

Service Zip Codes 58323 and 58372. 

MCR has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line to be rerouted over 

other lines; (3) no formal complaint 

filed by a user of rail service on the line 

(or by a State or local government entity 

acting on behalf of such user) regarding 

cessation of service over the line either 

is pending with the Surface 

Transportation Board (Board) or with 

any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7(c) 

(environmental report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line—Abandonment 

Portion Goshen Branch Between Firth & 

Ammon, in Bingham & Bonneville 

Counties, Idaho, 360 I.C.C. 91 (1979). To 

address whether this condition 

adequately protects affected employees, 

a petition for partial revocation under 

49 U.S.C. 10502(d) must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on January 

15, 2011, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,2

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),3 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by December 


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