Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Notices 80887 

develop communications plans that 

allows for the periodic tracking of the 

shipments. A record of the 

communications that includes the time 

of the call and location of the shipment 

may be kept by either the driver (e.g., 

recorded in the log book) or the 

company. These records must be kept, 

either physically or electronically, for at 

least six months at the company’s 

principal place of business or readily 

available to the employees at the 

company’s principal place of business. 

This ICR is being revised due to an 

increase in the estimated number of 

annual trips in which permitted 

Hazardous Materials (HM) is 

transported resulting in a change to the 

total information collection burden for 

maintaining a daily communication 

record. 

On September 9, 2010, FMCSA 

published a Federal Register notice 

allowing for a 60-day comment period 

on the ICR. No comment was received. 

DATES: Please send your comments by 

January 24, 2011. OMB must receive 

your comments by this date in order to 

act quickly on the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2010–0382. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget. Comments 

should be addressed to the attention of 

the Desk Officer, Department of 

Transportation/Federal Motor Carrier 

Safety Administration, and sent via 

electronic mail to 

oira_submission@omb.eop.gov, or faxed 

to (202) 395–6974, or mailed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Docket Library, Room 10102, 

725 17th Street, NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul Bomgardner, Hazardous Materials 

Division, Department of Transportation, 

Federal Motor Carrier Safety 

Administration, West Building 6th 

Floor, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone: 

202–493–0027; e-mail 

paul.bomgardner@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Hazardous Materials Safety 

Permits. 

OMB Control Number: 2126–0030. 

Type of Request: Revision of a 

currently-approved information 

collection. 

Respondents: Motor carriers subject to 

the Hazardous Materials Safety Permit 

requirements in 49 CFR part 385, 

subpart E. 

Estimated Number of Respondents: 

1,425. 

Estimated Number of Responses: 

1,425 annually. 

Estimated Time per Response: 5 

minutes. The communication between 

motor carriers and their drivers must 

take place at least two times per day and 

it is estimated that it will take 5 minutes 

to maintain a daily communication 

record for each driver. 

Expiration Date: February 28, 2011. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

350,000 hours [4.2 million trips × 5 

minutes/60 minutes per record = 

350,000]. 

Background: The Secretary of 

Transportation (Secretary) is responsible 

for implementing regulations to issue 

safety permits for transporting certain 

HM in accordance with 49 U.S.C. 5101 

et seq. The HM Safety Permit 

regulations (49 CFR part 385) require 

carriers to complete a ‘‘Combined Motor 

Carrier Identification Report and HM 

Permit Application’’ (Form MCS–150B). 

The HM Safety Permit regulations also 

require carriers to have a security 

program. As part of the HM Safety 

Permit regulations, carriers are required 

to develop and maintain route plans so 

that law enforcement officials can verify 

the correct location of the HM shipment. 

The FMCSA requires companies 

holding permits to develop a 

communications plan that allows for the 

periodic tracking of the shipment. This 

information covers the record of 

communications that includes the time 

of the call and location of the shipment. 

The records may be kept by either the 

driver (e.g., recorded in the log book) or 

the company. These records must be 

kept, either physically or electronically, 

for at least six months at the company’s 

principal place of business or be readily 

available to employees at the company’s 

principal place of business. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

information collection. 

Issued on: December 5, 2010. 

Kelly Leone, 

Associate Administrator for Research and 

Information Technology. 

[FR Doc. 2010–32239 Filed 12–22–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2004–19477; FMCSA– 

2002–12844] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 9 

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 

exemption renewals will provide a level 

of safety that is 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 January 

17, 2011. Comments must be received 

on or before January 24, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) FMCSA–2004–19477; 

FMCSA–2002–12844, using any of the 

following methods. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

mstockstill on DSKH9S0YB1PROD with NOTICES

80888 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Notices 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment 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 may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

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 9 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

9 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Howard F. Breitkreutz, John E. 

Evenson, Steven C. Humke, Craig M. 

Landry, Joe L. Meredith, Jr., Richard E. 

Nordhausen, Jr., Andrew H. Rusk, 

Kenneth E. Vigue, Jr., Richard A. 

Winslow. 

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 9 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (67 FR 68719; 68 FR 

10301; 68 FR 2629; 69 FR 64806; 69 FR 

71100; 70 FR 2705; 72 FR 1053; 72 FR 

1056; 73 FR 76440). Each of these 9 

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 24, 

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 9 

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 16, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2010–32241 Filed 12–22–10; 8:45 am] 

BILLING CODE 4910–EX–P 

mstockstill on DSKH9S0YB1PROD with NOTICES