Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations 25285

This indicates that initial leakage rates

for new valves are irrelevant by the time

a pipeline is in need of repair or placed

out-of-service. Therefore, measures in

addition to ‘‘closed valves’’ are needed

to protect workers and to ensure

‘‘isolated pipelines’’ during pipeline

repairs.

The MMS’s own pipeline workgroup

conferred on these issues. They decided

that rejecting the new allowable internal

leakage rates would be unrealistic in

light of what MMS had learned from its

discussions with industry. Moreover,

the maintenance of an unrealistic ‘‘no

visible leakage’’ standard would not

address the real regulatory dilemma that

regardless of initial internal leakage

rates, eventually all pipeline valves will

leak internally. The MMS workgroup

reasoned that since internal leakage

occurs in pipeline valves regardless of

initial leakage rates, MMS must address

this concern in its inspection and

maintenance procedures. Therefore, the

MMS workgroup recommended

canceling NTL 98–16N and adopting

Supplement 2 as a document

incorporated by reference. They also

recommended two additions to Subpart

J that would address the problems posed

by leaking pipeline valves. The first

would add a requirement for operators

to submit a work plan detailing the

measures they intend to take and

procedures they intend to follow to

ensure the safety of their employees

during any pipeline repair. The second

would add a requirement for placing a

blind flange on lateral lines taken outof-service. The MMS intends to propose

both of these requirements in a separate

rulemaking.

MMS has reviewed Supplements 1

and 2 to the 21st Edition of API SPEC

6D in light of the above considerations

and determined that they will not

impose undue cost on the offshore oil

and gas industry. Moreover, further

discussions with API confirm that

Supplement 2 completely replaces

Supplement 1. (Thus, parties that order

copies of the 21st Edition of API SPEC

6D from API receive only Supplement 2

in addition to the primary document.)

Therefore, we are incorporating

Supplement 2 according to the authority

in 30 CFR 250.198(a)(2).

Upon the effective date of this

technical amendment, NTL No. 98–16N

is cancelled.

List of Subjects in 30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Public

lands—mineral resources, Public

lands—rights-of-way, Reporting and

recordkeeping requirements, Sulphur

development and production, Sulphur

exploration, Surety bonds.

Accordingly, 30 CFR part 250 is

amended by making the following

technical amendments:

PART 250—OIL AND GAS AND

SULPHUR OPERATIONS IN THE

OUTER CONTINENTAL SHELF

1. The authority citation for part 250

continues to read as follows:

Authority: 43 U.S.C. 1331 et seq.

2. In § 250.198, in the table in

paragraph (e), revise the entry for API

SPEC 6D to read as set forth below.

§ 250.198 Documents incorporated by

reference.

* * * * *

(e) * * *

Title of documents Incorporated by reference at

*******

API Spec 6D, Specification for Pipeline Valves (Gate, Plug, Ball, and

Check Valves), Twenty-first Edition, March 31, 1994, including Supplement 2, December 1, 1997, API Stock No. G03200.

§ 250.1002(b)(1).

*******

Dated: April 21, 2000.

Joseph R. Levine,

Acting Chief, Engineering and Operations

Division.

[FR Doc. 00–10592 Filed 4–28–00; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 391

RIN 2126–AA45

Federal Motor Carrier Safety

Regulations; Technical Amendments

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA).

ACTION: Final rule; technical

amendment.

SUMMARY: This document makes

technical amendments to the Federal

Motor Carrier Safety Regulations

(FMCSRs) to update the rules

concerning qualifications of drivers who

have loss or impairment of limbs by

changing the designated official who

authorizes and signs the skill

performance evaluation (SPE) certificate

for such drivers, and to remove the

reference to ‘‘waiver.’’ These

amendments are necessitated by an

agency organizational restructuring and

by changes in the statute. The effect of

these amendments is to update the

regulations regarding the standards for

evaluating requests for SPE certificates.

DATES: The effective date of this rule is

May 1, 2000.

FOR FURTHER INFORMATION CONTACT: For

information about the amendments

contained in this rule, Ms. Teresa

Doggett, Office of Bus and Truck

Standards and Operations, HMCS–20,

(202) 366–2990; for information about

legal issues related to this rule, Ms.

Judith Rutledge, Office of the Chief

Counsel, (202) 366–1353, FMCSA, 400

Seventh Street, SW., Washington, DC

20590–0001. Office hours are from 7:45

a.m. to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the Government Printing Office’s

Electronic Bulletin Board Service at

(202) 512–1661. Internet users may

25286 Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations

reach the Office of the Federal Register’s

home page at: http://www.nara.gov/

fedreg and the Government Printing

Office’s database at: http://

www.access.gpo.gov/nara.

Background

The Secretary has rescinded the

authority previously delegated to the

Office of Motor Carrier Safety (OMCS) to

perform motor carrier functions and

operations. This authority has been

redelegated to the Administrator,

FMCSA, a new agency within the

Department of Transportation [65 FR

220, January 4, 2000]. The new FMCSA

assumes the motor carrier functions

previously performed by the Federal

Highway Administration’s (FHWA’s)

Office of Motor Carrier and Highway

Safety (OMCHS) before October 19,

1999, and the OMCS before January 1,

2000. Ongoing rulemaking,

enforcement, and other activities of the

FMCSA, initiated while part of the

FHWA or OMCS, will be continued by

the FMCSA. The redelegation will cause

no changes in the motor carrier

functions and operations of the offices

or field service centers (formerly

resource centers).

The authority to require medical

certification of CMV driver qualification

was originally granted to the Interstate

Commerce Commission (ICC) in the

Motor Carrier Act of 1935 (Public Law

74–255, 49 Stat. 543). The authority was

transferred to the DOT in 1966 and is

currently codified at 49 U.S.C. 31502(b).

The importance of physical

qualification of commercial drivers was

recognized in 1939 when the first

regulatory medical standard was

established by the ICC. Those

regulations, published at 4 FR 2294 on

June 7, 1939, required a driver to

possess the following minimum

qualifications:

Good physical and mental health;

good eyesight; adequate hearing; no

addiction to narcotic drugs; and no

excessive use of alcoholic beverages or

liquors.

The first change to this standard was

initiated in 1952 and went into effect on

January 1, 1954. The certificate of

physical examination required under

the 1954 rule was slightly more specific

than the 1939 regulation, and also

required a physical examination form

and a doctor’s certificate. A second

revision made in 1964 (29 FR 14495,

October 22, 1964) amended the standard

to allow limb-amputee and limbimpaired drivers, who are otherwise

eligible, to become medically qualified

through a waiver program. On April 22,

1970 (35 FR 6458) in light of

discussions with the FHWA medical

advisors, the existing physical

qualification requirements were

substantially tightened by including

guidelines for evaluation of persons in

high-risk medical categories. This rule

also provided that the examining

physician be given full information

about the responsibilities of and the

exacting demands made on commercial

drivers.

In 1984, the Congress provided the

Department of Transportation with

alternative regulatory authority with the

enactment of the Motor Carrier Safety

Act of 1984 (Public Law 98–554, 98 Stat.

2832). This Act directed the Secretary to

establish minimum safety standards to

ensure that ‘‘the physical condition of

operators of commercial motor vehicles

is adequate to enable them to operate

such vehicles safely * * *.’’ 49 U.S.C.

31136(a)(3).

On June 9, 1998, the FHWA’s waiver

authority changed with enactment of the

Transportation Equity Act for the 21st

Century (TEA–21), Public Law 105–178,

112 Stat. 107. Section 4007 of TEA–21

amended the waiver provisions of 49

U.S.C. 31136(e) and 31315 to change the

standard for evaluating waiver requests,

to distinguish between a waiver and an

exemption, and to establish term limits

for both. Under revised section

31136(e), the FMCSA may grant a

waiver for a period of up to 3 months

or an exemption for a renewable 2-year

period.

The amendments to 49 U.S.C.

31136(e) also changed the criteria for

exempting a person from application of

a regulation. Previously an exemption

was appropriate if it was consistent with

the public interest and the safe

operation of CMVs. Now the FMCSA

may grant an exemption 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.’’ According to

the legislative history, the Congress

changed the statutory standard to give

the agency greater discretion to consider

exemptions. The previous standard was

judicially construed as requiring an

advance determination that absolutely

no reduction in safety would result from

an exemption. The Congress revised the

standard to require that an ‘‘equivalent’’

level of safety be achieved by the

exemption, which would allow for more

equitable resolution of such matters,

while ensuring safety standards are

maintained.

Section 391.41(b)(1) of 49 CFR states

that a person is physically qualified to

drive a motor vehicle if that person:

(1) Has no loss of a foot, a leg, a hand,

or an arm, or has been granted a waiver

pursuant to § 391.49;

(2) Has no impairment of:

(i) A hand or finger which interferes

with prehension or power grasping; or

(ii) An arm, foot, or leg which

interferes with the ability to perform

normal tasks associated with operating

a motor vehicle; or any other significant

limb defect or limitation which

interferes with the ability to perform

normal tasks associated with operating

a commercial motor vehicle; or has been

granted a waiver pursuant to § 391.49.

The Handicapped Driver Waiver

Program, established in 1964 under 49

CFR 391.49 (waiver of physical defects),

provides an opportunity for physically

challenged drivers, who do not meet the

physical qualification requirements

under §§ 391.41(b)(1) or (b)(2), but who

are otherwise qualified, to become

medically qualified to operate

commercial motor vehicles in interstate

commerce.

This rule amends § 391.49 by revising

the title of the section and removing all

references to ‘‘Regional Director of

motor carriers, regional offices(s),’’

‘‘waiver,’’ and ‘‘region’’ and replacing

them with ‘‘State Director, FMCSA,’’

‘‘Skill performance evaluation

certificate,’’ and ‘‘State of legal

residence,’’ respectively.

Rulemaking Analyses and Notices

The Administrative Procedure Act

(APA), 5 U.S.C. 551 et seq., allows

agencies engaged in rulemaking to

dispense with prior notice and

opportunity for comment when the

agency for good cause finds that such

procedures are impracticable,

unnecessary, or contrary to the public

interest. This amendment merely

reflects a change in the name of the

Handicapped Driver Waiver Program, a

change in the title of the designated

official authorized to sign the SPE

certificate, and the merging of the SPE

certificate form into current regulations.

As a result, the FMCSA has determined

that prior notice and opportunity for

public comment on this action are

unnecessary.

Furthermore, due to the technical

nature of this amendment, the FMCSA

has determined that prior notice and

opportunity for public comment are not

required under the Department’s

regulatory policies and procedures, as it

is not anticipated that such action will

result in the receipt of useful

information. The APA, under 5 U.S.C.

553(d)(3), also allows agencies, upon a

finding of good cause, to make a rule

effective immediately and avoid the

otherwise applicable 30-day delayed

effective date requirement. The FMCSA

finds that good cause exists to dispense

with the 30-day delay in the effective

Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations 25287

date in this instance due to the minor

and technical nature of these

amendments. Thus, the FMCSA is

proceeding directly with a final rule

which will be effective on its date of

publication.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FMCSA has determined this

action is not major within the meaning

of Executive Order 12866 or significant

within the meaning of Department of

Transportation regulatory policies and

procedures. Since this final rule makes

only those technical changes to current

regulatory language discussed above,

the FMCSA hereby certifies that this

action will not have a significant

economic impact on a substantial

number of small entities.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

FMCSA has evaluated the effects of this

rule on small entitles. Based on the

evaluation, and particularly because this

final rule makes only those technical

changes to current regulatory language

discussed above, the FMCSA hereby

certifies that this action will not have a

significant economic impact on a

substantial number of small entities.

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132 dated August 4, 1999, and it has

been determined this action does not

have a substantial direct effect or

sufficient federalism implications on

States that would limit the

policymaking discretion of the States.

Nothing in this document directly

preempts any State law or regulation.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities do not apply to this program.

National Environmental Policy Act

The agency has analyzed this

rulemaking for the purpose of the

National Environmental Policy Act of

1969 (42 U.S.C. 432 et seq.) and has

determined that this action would not

have any effect on the quality of the

environment.

Unfunded Mandates Reform Act of

1995

This rule does not impose a Federal

mandate resulting in the expenditure by

State, local and tribal governments, in

the aggregate, or by the private sector, of

$100 million or more in any one year.

(2 U.S.C. 1531 et seq.).

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995 (PRA) (44 U.S.C. 3501–3520),

Federal agencies must obtain approval

from the Office of Management and

Budget (OMB) for each collection of

information they conduct, sponsor or

require through regulations. An analysis

of this rule has been made by the

FMCSA, and it has been determined

that the actions outlined in these

technical amendments are covered

under a currently-approved information

collection, OMB Control No. 2126–0006,

Medical Qualifications Requirements,

(which is approved through September

30, 2000). No revisions to this current

clearance are necessary due to this

action.

Executive Order 12988 (Civil Justice

Reform)

This action meets applicable

standards in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Executive Order 13045 (Protection of

Children)

We have analyzed this action under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or safety that may

disproportionately affect children.

Executive Order 12630 (Taking of

Private Property)

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

interference with Constitutionally

Protected Property Rights.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross-reference this action with

the Unified Agenda.

List of Subjects in 49 CFR Part 391

Driver qualifications–physical

examinations, Highway safety, Motor

carriers, Motor vehicle safety.

Issued on: April 24, 2000.

Julie Anna Cirillo,

Acting Deputy Administrator.

In consideration of the foregoing, the

FMCSA amends title 49, Code of

Federal Regulations, chapter III, part

391 as set forth below:

PART 391—QUALIFICATIONS OF

DRIVERS

1. Revise the authority citation for

part 391 to read as follows:

Authority: 49 U.S.C. 322, 504, 31133,

31136, and 31502; and 49 CFR 1.73.

2. Revise § 391.49 to read as follows:

§ 391.49 Alternative physical qualification

standards for the loss or impairment of

limbs.

(a) A person who is not physically

qualified to drive under § 391.41(b)(1) or

(b)(2) and who is otherwise qualified to

drive a commercial motor vehicle, may

drive a commercial motor vehicle, if the

State Director, FMCSA, has granted a

Skill Performance Evaluation (SPE)

Certificate to that person.

(b) SPE certificate.—(1) Application.

A letter of application for an SPE

certificate may be submitted jointly by

the person (driver applicant) who seeks

an SPE certificate and by the motor

carrier that will employ the driver

applicant, if the application is accepted.

(2) Application address. The

application must be addressed to the

applicable field service center, FMCSA,

for the State in which the co-applicant

motor carrier’s principal place of

business is located. The address of each,

and the States serviced, are listed in

§ 390.27 of this chapter.

(3) Exception. A letter of application

for an SPE certificate may be submitted

unilaterally by a driver applicant. The

application must be addressed to the

field service center, FMCSA, for the

State in which the driver has legal

residence. The driver applicant must

comply with all the requirements of

paragraph (c) of this section except

those in (c)(1)(i) and (iii). The driver

applicant shall respond to the

requirements of paragraphs (c)(2)(i) to

(v) of this section, if the information is

known.

(c) A letter of application for an SPE

certificate shall contain:

(1) Identification of the applicant(s):

(i) Name and complete address of the

motor carrier coapplicant;

(ii) Name and complete address of the

driver applicant;

25288 Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations

(iii) The U.S. DOT Motor Carrier

Identification Number, if known; and

(iv) A description of the driver

applicant’s limb impairment for which

SPE certificate is requested.

(2) Description of the type of

operation the driver will be employed to

perform:

(i) State(s) in which the driver will

operate for the motor carrier coapplicant

(if more than 10 States, designate

general geographic area only);

(ii) Average period of time the driver

will be driving and/or on duty, per day;

(iii) Type of commodities or cargo to

be transported;

(iv) Type of driver operation (i.e.,

sleeper team, relay, owner operator,

etc.); and

(v) Number of years experience

operating the type of commercial motor

vehicle(s) requested in the letter of

application and total years of experience

operating all types of commercial motor

vehicles.

(3) Description of the commercial

motor vehicle(s) the driver applicant

intends to drive:

(i) Truck, truck tractor, or bus make,

model, and year (if known);

(ii) Drive train;

(A) Transmission type (automatic or

manual—if manual, designate number

of forward speeds);

(B) Auxiliary transmission (if any)

and number of forward speeds; and

(C) Rear axle (designate single speed,

2 speed, or 3 speed).

(iii) Type of brake system;

(iv) Steering, manual or power

assisted;

(v) Description of type of trailer(s)

(i.e., van, flatbed, cargo tank, drop

frame, lowboy, or pole);

(vi) Number of semitrailers or full

trailers to be towed at one time;

(vii) For commercial motor vehicles

designed to transport passengers,

indicate the seating capacity of

commercial motor vehicle; and

(viii) Description of any

modification(s) made to the commercial

motor vehicle for the driver applicant;

attach photograph(s) where applicable.

(4) Otherwise qualified:

(i) The coapplicant motor carrier must

certify that the driver applicant is

otherwise qualified under the

regulations of this part;

(ii) In the case of a unilateral

application, the driver applicant must

certify that he/she is otherwise qualified

under the regulations of this part.

(5) Signature of applicant(s):

(i) Driver applicant’s signature and

date signed;

(ii) Motor carrier official’s signature (if

application has a coapplicant), title, and

date signed. Depending upon the motor

carrier’s organizational structure

(corporation, partnership, or

proprietorship), the signer of the

application shall be an officer, partner,

or the proprietor.

(d) The letter of application for an

SPE certificate shall be accompanied by:

(1) A copy of the results of the

medical examination performed

pursuant to § 391.43;

(2) A copy of the medical certificate

completed pursuant to § 391.43(e);

(3) A medical evaluation summary

completed by either a board qualified or

board certified physiatrist (doctor of

physical medicine) or orthopedic

surgeon. The coapplicant motor carrier

or the driver applicant shall provide the

physiatrist or orthopedic surgeon with a

description of the job-related tasks the

driver applicant will be required to

perform;

(i) The medical evaluation summary

for a driver applicant disqualified under

§ 391.41(b)(1) shall include:

(A) An assessment of the functional

capabilities of the driver as they relate

to the ability of the driver to perform

normal tasks associated with operating

a commercial motor vehicle; and

(B) A statement by the examiner that

the applicant is capable of

demonstrating precision prehension

(e.g., manipulating knobs and switches)

and power grasp prehension (e.g.,

holding and maneuvering the steering

wheel) with each upper limb separately.

This requirement does not apply to an

individual who was granted a waiver,

absent a prosthetic device, prior to the

publication of this amendment.

(ii) The medical evaluation summary

for a driver applicant disqualified under

§ 391.41(b)(2) shall include:

(A) An explanation as to how and

why the impairment interferes with the

ability of the applicant to perform

normal tasks associated with operating

a commercial motor vehicle;

(B) An assessment and medical

opinion of whether the condition will

likely remain medically stable over the

lifetime of the driver applicant; and

(C) A statement by the examiner that

the applicant is capable of

demonstrating precision prehension

(e.g., manipulating knobs and switches)

and power grasp prehension (e.g.,

holding and maneuvering the steering

wheel) with each upper limb separately.

This requirement does not apply to an

individual who was granted an SPE

certificate, absent an orthotic device,

prior to the publication of this

amendment.

(4) A description of the driver

applicant’s prosthetic or orthotic device

worn, if any;

(5) Road test:

(i) A copy of the driver applicant’s

road test administered by the motor

carrier coapplicant and the certificate

issued pursuant to § 391.31(b) through

(g); or

(ii) A unilateral applicant shall be

responsible for having a road test

administered by a motor carrier or a

person who is competent to administer

the test and evaluate its results.

(6) Application for employment:

(i) A copy of the driver applicant’s

application for employment completed

pursuant to § 391.21; or

(ii) A unilateral applicant shall be

responsible for submitting a copy of the

last commercial driving position’s

employment application he/she held. If

not previously employed as a

commercial driver, so state.

(7) A copy of the driver applicant’s

SPE certificate of certain physical

defects issued by the individual State(s),

where applicable; and

(8) A copy of the driver applicant’s

State Motor Vehicle Driving Record for

the past 3 years from each State in

which a motor vehicle driver’s license

or permit has been obtained.

(e) Agreement. A motor carrier that

employs a driver with an SPE certificate

agrees to:

(1) File promptly (within 30 days of

the involved incident) with the Medical

Program Specialist, FMCSA service

center, such documents and information

as may be required about driving

activities, accidents, arrests, license

suspensions, revocations, or

withdrawals, and convictions which

involve the driver applicant. This

applies whether the driver’s SPE

certificate is a unilateral one or has a

coapplicant motor carrier;

(i) A motor carrier who is a

coapplicant must file the required

documents with the Medical Program

Specialist, FMCSA for the State in

which the carrier’s principal place of

business is located; or

(ii) A motor carrier who employs a

driver who has been issued a unilateral

SPE certificate must file the required

documents with the Medical Program

Specialist, FMCSA service center, for

the State in which the driver has legal

residence.

(2) Evaluate the driver with a road test

using the trailer the motor carrier

intends the driver to transport or, in lieu

of, accept a certificate of a trailer road

test from another motor carrier if the

trailer type(s) is similar, or accept the

trailer road test done during the Skill

Performance Evaluation if it is a similar

trailer type(s) to that of the prospective

motor carrier. Job tasks, as stated in

paragraph (e)(3) of this section, are not

Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations 25289

evaluated in the Skill Performance

Evaluation;

(3) Evaluate the driver for those

nondriving safety related job tasks

associated with whatever type of

trailer(s) will be used and any other

nondriving safety related or job related

tasks unique to the operations of the

employing motor carrier; and

(4) Use the driver to operate the type

of commercial motor vehicle defined in

the SPE certificate only when the driver

is in compliance with the conditions

and limitations of the SPE certificate.

(f) The driver shall supply each

employing motor carrier with a copy of

the SPE certificate.

(g) The State Director, FMCSA, may

require the driver applicant to

demonstrate his or her ability to safely

operate the commercial motor vehicle(s)

the driver intends to drive to an agent

of the State Director, FMCSA. The SPE

certificate form will identify the power

unit (bus, truck, truck tractor) for which

the SPE certificate has been granted.

The SPE certificate forms will also

identify the trailer type used in the Skill

Performance Evaluation; however, the

SPE certificate is not limited to that

specific trailer type. A driver may use

the SPE certificate with other trailer

types if a successful trailer road test is

completed in accordance with

paragraph (e)(2) of this section. Job

tasks, as stated in paragraph (e)(3) of

this section, are not evaluated during

the Skill Performance Evaluation.

(h) The State Director, FMCSA, may

deny the application for SPE certificate

or may grant it totally or in part and

issue the SPE certificate subject to such

terms, conditions, and limitations as

deemed consistent with the public

interest. The SPE certificate is valid for

a period not to exceed 2 years from date

of issue, and may be renewed 30 days

prior to the expiration date.

(i) The SPE certificate renewal

application shall be submitted to the

Medical Program Specialist, FMCSA

service center, for the State in which the

driver has legal residence, if the SPE

certificate was issued unilaterally. If the

SPE certificate has a coapplicant, then

the renewal application is submitted to

the Medical Program Specialist, FMCSA

field service center, for the State in

which the coapplicant motor carrier’s

principal place of business is located.

The SPE certificate renewal application

shall contain the following:

(1) Name and complete address of

motor carrier currently employing the

applicant;

(2) Name and complete address of the

driver;

(3) Effective date of the current SPE

certificate;

(4) Expiration date of the current SPE

certificate;

(5) Total miles driven under the

current SPE certificate;

(6) Number of accidents incurred

while driving under the current SPE

certificate, including date of the

accident(s), number of fatalities, number

of injuries, and the estimated dollar

amount of property damage;

(7) A current medical examination

report;

(8) A medical evaluation summary

pursuant to paragraph (d)(3) of this

section, if an unstable medical

condition exists. All handicapped

conditions classified under

§ 391.41(b)(1) are considered unstable.

Refer to paragraph (d)(3)(ii) of this

section for the condition under

§ 391.41(b)(2) which may be considered

medically stable.

(9) A copy of driver’s current State

motor vehicle driving record for the

period of time the current SPE

certificate has been in effect;

(10) Notification of any change in the

type of tractor the driver will operate;

(11) Driver’s signature and date

signed; and

(12) Motor carrier coapplicant’s

signature and date signed.

(j)(1) Upon granting an SPE certificate,

the State Director, FMCSA, will notify

the driver applicant and co-applicant

motor carrier (if applicable) by letter.

The terms, conditions, and limitations

of the SPE certificate will be set forth.

A motor carrier shall maintain a copy of

the SPE certificate in its driver

qualification file. A copy of the SPE

certificate shall be retained in the motor

carrier’s file for a period of 3 years after

the driver’s employment is terminated.

The driver applicant shall have the SPE

certificate (or a legible copy) in his/her

possession whenever on duty.

(2) Upon successful completion of the

skill performance evaluation, the State

Director, FMCSA, for the State where

the driver applicant has legal residence,

must notify the driver by letter and

enclose an SPE certificate substantially

in the following form:

Skill Performance Evaluation Certificate

Name of Issuing Agency: lllllllll

Agency Address: llllllllllll

Telephone Number: ( ) lllllllll

Issued Under 49 CFR 391.49, subchapter B of

the Federal Motor Carrier Safety Regulations

Driver’s Name: lllllllllllll

Effective Date: llllllllllllll

SSN: llllllllllllllllll

DOB: llllllllllllllllll

Expiration Date: lllllllllllll

Address: llllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

Driver Disability: llllllllllll

Check One:lNewlRenewal

Driver’s License:lllll llllllll

(State) (Number)

In accordance with 49 CFR 391.49,

subchapter B of the Federal Motor Carrier

Safety Regulations (FMCSRs), the driver

application for a skill performance evaluation

(SPE) certificate is hereby granted

authorizing the above-named driver to

operate in interstate or foreign commerce

under the provisions set forth below. This

certificate is granted for the period shown

above, not to exceed 2 years, subject to

periodic review as may be found necessary.

This certificate may be renewed upon

submission of a renewal application.

Continuation of this certificate is dependent

upon strict adherence by the above-named

driver to the provisions set forth below and

compliance with the FMCSRs. Any failure to

comply with provisions herein may be cause

for cancellation.

CONDITIONS: As a condition of this

certificate, reports of all accidents, arrests,

suspensions, revocations, withdrawals of

driver licenses or permits, and convictions

involving the above-named driver shall be

reported in writing to the Issuing Agency by

the EMPLOYING MOTOR CARRIER within

30 days after occurrence.

LIMITATIONS:

1. Vehicle Type (power unit):* llllll

2. Vehicle modification(s): llllllll

lllllllllllllllllllll

3. Prosthetic or Orthotic device(s) (Required

to be Worn While Driving): llllllll

lllllllllllllllllllll

4. Additional Provision(s): llllllll

lllllllllllllllllllll

NOTICE: To all MOTOR CARRIERS

employing a driver with an SPE certificate.

This certificate is granted for the operation of

the power unit only. It is the responsibility

of the employing motor carrier to evaluate

the driver with a road test using the trailer

type(s) the motor carrier intends the driver to

transport, or in lieu of, accept the trailer road

test done during the SPE if it is a similar

trailer type(s) to that of the prospective motor

carrier. Also, it is the responsibility of the

employing motor carrier to evaluate the

driver for those non-driving safety-related job

tasks associated with the type of trailer(s)

utilized, as well as, any other non-driving

safety-related or job-related tasks unique to

the operations of the employing motor

carrier.

The SPE of the above named driver was

given by a Skill Performance Evaluation

Program Specialist. It was successfully

completed utilizing the above named power

unit and ________(trailer, if applicable)

The tractor or truck had a ________

transmission.

Please read the NOTICE paragraph above.

Name: lllllllllllllllll

Signature: llllllllllllllll

Title: llllllllllllllllll

Date: llllllllllllllllll

(k) The State Director, FMCSA, may

revoke an SPE certificate after the

person to whom it was issued is given

notice of the proposed revocation and

has been allowed a reasonable

opportunity to appeal.

25290 Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations

(l) Falsifying information in the letter

of application, the renewal application,

or falsifying information required by

this section by either the applicant or

motor carrier is prohibited.

[FR Doc. 00–10700 Filed 4–28–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 9812224323–9226–02; I.D.

120198B]

RIN 0648–AL23

Fisheries of the Exclusive Economic

Zone Off Alaska; Recordkeeping and

Reporting; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final rule for

recordkeeping and reporting that was

published in the Federal Register on

November 15, 1999.

DATES: Effective December 15, 1999.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907–586–7008.

SUPPLEMENTARY INFORMATION: A final

rule was published in the Federal

Register on November 15, 1999 (64 FR

61964), to revise recordkeeping and

reporting regulations. Figures 1 and 3 to

50 CFR part 679 list Federal reporting

areas and coordinates for the boundaries

of those areas. Recently the coordinates

of Figures 1 and 3 were plotted using a

Geographic Information System. This

highly accurate plotting procedure

revealed several errors in the published

points depicting the boundary between

the Bering Sea and the Gulf of Alaska.

NMFS correctly revises the description

of reporting areas 518 and 519 in Figure

1b and the description of reporting area

610 in Figure 3b.

Correction

In the final rule Revisions to

Recordkeeping and Reporting

Requirements published in 64 FR

61964, November 15, 1999, FR Doc. 99–

28294, correct Figure 1b to Part 679 and

Figure 3b to part 679.

On page 61984, under Figure 1 to Part

679—BSAI Statistical and Reporting

Areas: b. Coordinates, correctly revise

the description of reporting areas 518

and 519 to read as follows:

FIGURE 1 TO PART 679—BSAI STATISTICAL AND REPORTING AREAS

b. Coordinates

Code Description

*******

518 Bogoslof District: South of a straight line between 55°46′ N lat, 170°00′ W long and 54°30′ N lat, 167°00′ W long, and between

167°00′ W long and 170°00′ W long, and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed:

52°49.18′ N, 169°40.47′ W

52°49.24′ N, 169°07.10′ W

53°23.13′ N, 167°50.50′ W

53°18.95′ N, 167°51.06′ W

519 South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of

Unimak Island; and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the

order listed:

53°58.97′ N, 166°16.50′ W

54°02.69′ N, 166°02.93′ W

54°07.69′ N, 165°39.74′ W

54°08.40′ N, 165°38.29′ W

54°11.71′ N, 165°23.09′ W

54°23.74′ N, 164°44.73′ W

*******

On page 61987, under Figure 3 to Part

679—Gulf of Alaska Statistical and

Reporting Areas: b. Coordinates, correctly revise the description of

reporting area 610 to read as follows: