53412 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices 

subject to this determination that is 

admitted to U.S. foreign-trade zones on 

or after January 23, 2002 must be 

admitted as ‘‘privileged foreign status’’

as defined in 19 CFR 146.41’’ is 

terminated. 

[FR Doc. 05–17751 Filed 9–7–05; 8:45 am] 

BILLING CODE 3190–W5–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket Nos. FMCSA–98–4334, FMCSA–99–

5578, FMCSA–99–6480, FMCSA–2000–7363, 

FMCSA–2000–8398, FMCSA–2001–9258, 

FMCSA–2001–9561, FMCSA–2003–14504] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: This notice publishes the 

FMCSA decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 20 individuals. The 

FMCSA has statutory authority to 

exempt individuals from vision 

standards 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. 

DATES: This decision is effective 

September 23, 2005. Comments from 

interested persons should be submitted 

by October 11, 2005. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket 

Numbers FMCSA–98–4334, FMCSA–

99–5578, FMCSA–99–6480, FMCSA–

2000–7363, FMCSA–2000–8398, 

FMCSA–2001–9258, FMCSA–2001–

9561, and FMCSA–2003–14504 by any 

of the following methods: 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

numbers for this notice. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the Public 

Participation heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading under 

Regulatory Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

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

p.m., Monday through Friday, except 

Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Office of Bus and 

Truck Standards and Operations, (202) 

366–4001, FMCSA, Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

Office hours are from 8 a.m. to 5 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: Public 

Participation: The DMS is available 24 

hours each day, 365 days each year. You 

can get electronic submission and 

retrieval help guidelines under the 

‘‘help’’ section of the DMS Web site. If 

you want us to notify you that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the Department of 

Transportation’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

Exemption Decision 

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

the 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. This notice addresses 20 

individuals who have requested renewal 

of their exemptions in a timely manner. 

The FMCSA has evaluated these 20 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. They 

are: 

Grady L. Black, Jr. 

John A. Chizmar 

Weldon R. Evans 

Richard L. Gagnebin 

Orasio Garcia 

Chester L. Gray 

James P. Guth 

Rayford R. Harper 

Paul M. Hoerner 

Edward E. Hooker 

Michael S. Maki 

John E. Musick 

Kenneth A. Reddick 

Leonard Rice, Jr. 

Richard C. Simms 

Edd J. Stabler, Jr. 

James T. Sullivan 

Steven C. Thomas 

Edward A. Vanderhei 

Larry J. Waldner 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have 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 

provide 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 retain 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 

the 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. 31315 and 

31136(e). 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices 53413 

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. 31315 and 

31136(e), each of the 20 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (63 FR 66226; 64 FR 

16517; 66 FR 41656; 68 FR 54775; 64 FR 

27027; 64 FR 51568; 66 FR 48504; 64 FR 

68195; 65 FR 20251; 65 FR 45817; 65 FR 

77066; 65 FR 78256; 66 FR 16311; 68 FR 

13360; 66 FR 17743; 66 FR 33990; 68 FR 

35772; 66 FR 30502; 66 FR 41654; 68 FR 

19598; 68 FR 33570). Each of these 20 

applicants has requested timely 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, the 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. 

Comments 

The 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. 31315 and 

31136(e). However, the FMCSA requests 

that interested parties with specific data 

concerning the safety records of these 

drivers submit comments by October 11, 

2005. 

In the past the FMCSA has received 

comments from Advocates for Highway 

and Auto Safety (Advocates) expressing 

continued opposition to the FMCSA’s 

procedures for renewing exemptions 

from the vision requirement in 49 CFR 

391.41(b)(10). Specifically, Advocates 

objects to the agency’s extension of the 

exemptions without any opportunity for 

public comment prior to the decision to 

renew, and reliance on a summary 

statement of evidence to make its 

decision to extend the exemption of 

each driver. 

The issues raised by Advocates were 

addressed at length in 69 FR 51346 

(August 18, 2004). The FMCSA 

continues to find its exemption process 

appropriate to the statutory and 

regulatory requirements. 

Issued on: August 31, 2005. 

Rose A. McMurray, 

Associate Administrator, Policy and Program 

Development. 

[FR Doc. 05–17736 Filed 9–7–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2005–22365] 

Establishment of a Temporary 

Emergency Relief Docket and 

Procedures for Handling Petitions for 

Emergency Waiver Relief From the 

Federal Regulations 

Due to the catastrophic and 

devastating damage inflicted on the 

southern portion of the United States in 

the aftermath of hurricane Katrina, the 

Federal Railroad Administration (FRA) 

is establishing a temporary means for 

handling petitions for waiver from the 

federal regulations that are directly 

related to the effects of the hurricane or 

are necessary to effectively address the 

relief efforts being undertaken in the 

area. FRA recognizes that these types of 

petitions must be afforded special 

consideration and must be handled 

expeditiously in order to ensure that the 

safety of the public and the safety of 

those individuals and businesses 

providing aid to the region are 

immediately addressed. This document 

is intended to provide all interested 

parties notice of FRA’s intent to 

establish a temporary Emergency Relief 

Docket which will be used to provide 

interested parties notice of the filing of 

such petitions for waiver. This 

document also contains the procedures 

for submitting and responding to such 

petitions for waiver as well as detailing 

the procedure that FRA will temporarily 

utilize to respond to these types of 

requests. 

For Futher Information Contact: 

Grady C. Cothen, Jr., Deputy Associate 

Administrator for Safety Standards and 

Program Development, FRA, 1120 

Vermont Avenue, NW., RRS–2, Mail 

Stop 25, Washington, DC 20590 

(Telephone 202–493–6302), or Thomas 

Herrmann, Trial Attorney, Office of 

Chief Counsel, FRA, 1120 Vermont 

Avenue, NW., Mail Stop 10, 

Washington, DC 20590 (Telephone 202–

493–6036). 

Background Information 

On August 29, 2005, hurricane 

Katrina hit the southern gulf region of 

the United States. The aftermath of the 

hurricane has revealed unprecedented 

damage to property and a constantly 

increasing loss of life. As the nation 

turns toward the task of saving lives, 

providing adequate living facilities for 

displaced families, and rebuilding the 

devastated areas, our nation’s railroads 

will play a key role in these efforts by 

providing necessary supplies and by 

moving displaced families and relief 

personnel to and from the area. In an 

effort to ensure that this mission is 

safely, effectively, and timely 

performed, FRA believes it is necessary 

to establish a method by which FRA can 

quickly and efficiently handle requests 

for relief from the Federal regulatory 

requirements that are directly related to 

the effects of hurricane Katrina or that 

will impact the relief effort being 

undertaken in that segment of the 

United States. 

FRA’s existing procedures related to 

the handling of petitions for waiver 

from the Federal safety regulations 

contained in 49 CFR part 211, do not 

lend themselves to quick and immediate 

decisions by the agency, nor were they 

intended to. The existing procedures 

establish a process whereby FRA 

publishes a notice of any petition for 

waiver in the Federal Register. This 

notice then allows interested parties a 

period of time in which to comment on 

any such petition, generally thirty (30) 

days, and provides for a public hearing 

should one be requested. This process 

generally takes several months to 

accomplish. As noted above, this 

process would not be appropriate for 

handling petitions for waivers directly 

related to addressing the effects of 

hurricane Katrina, the outcome of which 

could have a serious impact on the 

health and safety of those members of 

the public directly affected by the 

hurricane as well as those individuals 

aiding the relief efforts. Thus, FRA is 

instituting temporary procedures for 

handling petitions for waivers that are 

directly related to the effects and 

aftermath of hurricane Katrina. FRA 

believes these temporary emergency 

procedures will provide the agency with 

the ability to promptly and effectively 

address waiver requests directly related 

to the hurricane while ensuring that the 

public and all interested parties are 

afforded proper notice of any such 

request and are provided a sufficient 

opportunity to comment on any such 

request.