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. 

[FR Doc. 2010–4254 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

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 

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, 

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 http:// 

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 1451). 

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 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 

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. 

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 http:// 

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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Regulatory Guidance Concerning the 

Applicability of Fees for the Unified 

Carrier Registration Plan and 

Agreement 

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: 

frederic.wood@dot.gov. Telephone: 

(202) 366–0834. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Secretary of Transportation has 

the responsibility for setting the initial 

fees, as well as any adjustments in those 

fees, to be paid by motor carrier entities 

required to register with the UCR Plan 

and Agreement (49 U.S.C. 

14504a(d)(7)(B)). The Secretary is also 

authorized by section 4308 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, Pub L. 109–59, 119 Stat. 1144, 

1774 (Aug. 10, 2005) (SAFETEA–LU) 

(set out as a note to 49 U.S.C. 13902), 

to ‘‘issue such regulations as the 

Secretary determines are necessary to 

carry out [the Unified Carrier 

Registration Act of 2005, title IV, 

subtitle C, of SAFETEA–LU].’’ The 

FMCSA Administrator has been 

delegated authority by 49 CFR 1.73(a)(5) 

and (7) to carry out the functions and 

exercise the authority vested in the 

Secretary of Transportation by 49 U.S.C. 

chapters 139 and 145. 

Background 

This document provides regulatory 

guidance concerning the applicability of 

49 CFR 367.20, Fees under the Unified 

Carrier Registration Plan and Agreement 

for each registration year, for 

registration years beginning after 

December 31, 2009. FMCSA added this 

section to part 367 of title 49, Code of 

Federal Regulations (CFR) in a final rule 

in 2007 in order to set the initial fees for 

the Unified Carrier Registration Plan 

(UCR Plan). 72 FR 48590 (Aug. 24, 

2007). 

The UCR Plan is generally governed 

by the provisions of 49 U.S.C. 14504a, 

as added by section 4305 of SAFETEA– 

LU, 119 Stat. 1764–1773. The UCR Plan 

is the organization responsible for 

implementing and administering the 

Unified Carrier Registration Agreement 

(UCR Agreement), an interstate 

agreement governing the collection and 

distribution of registration information 

and fees collected pursuant to the 

statute. 49 U.S.C. 14504a(a)(8) and (9). 

Section 14504a(f)(1)(A)(i) requires that 

motor carriers, motor private carriers, 

and freight forwarders operating motor 

vehicles be charged registration fees that 

are ‘‘based on the number of commercial 

motor vehicles owned or operated by 

the motor carrier, motor private carrier, 

or freight forwarder * * *.’’ At the time 

of the issuance of the 2007 final rule, 

section 14504a(a)(1)(A) provided that, in 

general, a commercial motor vehicle 

‘‘has the meaning such term has under 

[49 U.S.C.] 31101.’’ In that section, a 

commercial motor vehicle is defined as 

‘‘a self-propelled or towed vehicle used 

on the highways in commerce 

principally to transport passengers or 

cargo * * *.’’ Taken together, these 

provisions required entities subject to 

registration and payment of fees to the 

UCR Plan to determine both the number 

of self-propelled vehicles (i.e., powered 

units, such as tractors and straight 

trucks) and the number of towed 

vehicles (i.e., trailers) in their fleets in 

order to assess the applicable fee to be 

paid under 49 CFR 367.20. 

In § 367.20, FMCSA published a table 

that established the fee schedule for 

motor carrier entities that are subject to 

registration and payment of fees under 

the UCR Plan. The headings of both 

§ 367.20 and the table it contains read 

‘‘Fees under the Unified Carrier 

Registration Plan and Agreement for 

each registration year.’’ Accordingly, the 

fee schedule is not limited to a specific 

year, but can be used in any registration 

year. The fee schedule is based on 

brackets established by the ‘‘number of 

commercial motor vehicles owned or 

operated by an exempt or non-exempt 

motor carrier, motor private carrier, or 

freight forwarder.’’ This is essentially 

identical to the statutory phrase in 

section 14504a(f)(1)(A)(i). Section 

367.20 does not contain a separate 

definition of the term ‘‘commercial 

motor vehicles.’’ Therefore, it is 

reasonable to conclude that the term’s 

meaning is controlled by the statutory 

definition found in section 

14504a(f)(1)(A)(i). The provisions of 

§ 367.20 have been applied by the States 

participating in the UCR Plan and 

Agreement on that basis to assess and 

collect fees for three registration years: 

2007, 2008 and 2009. See 73 FR 10157– 

58 (Feb. 26, 2008). 

In 2008, in section 701(d)(1)(B) of the 

Rail Safety Improvement Act of 2008, 

Public Law 110–432, div. A, title IV, 122 

Stat. 4848, 4906 (Oct. 16, 2008), 

Congress amended section 

14504a(a)(1)(A) so that it now provides: 

[T]he term ‘‘commercial motor vehicle’’— 

(i) for calendar years 2008 and 2009, has 

the meaning given the term in section 31101 

[of title 49, U.S.C.].; and 

(ii) for years beginning after December 31, 

2009, means a self-propelled vehicle 

described in section 31101. 

This amendment means that for UCR 

registration years beginning with 2010, 

the number of ‘‘commercial motor 

vehicles’’ used to determine the size of 

a motor carrier’s fleet will be based only 

on the number of self-propelled (or 

powered) vehicles and will not include 

towed vehicles. 

Because the meaning of the term 

‘‘commercial motor vehicles’’ in § 367.20 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES