Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 61165 

conformity with the SIP. This 

assessment is contained in the Final Air 

Quality General Conformity 

Determination in Appendix G–5 of the 

FEIS. 

Pursuant to the National Historic 

Preservation Act of 1966, as amended, 

including Executive Order 11593, 

Protection and Enhancement of the 

Cultural Environment, FAA assessed 

whether its action in approving the 

proposed project would result in 

adverse impacts to Historic and 

Archaeological Resources. The results of 

this assessment indicated that the 

Preferred Alternative would result in 

impacts to resources that are listed in, 

and eligible for, listing in the National 

Register of Historic Places. FAA has 

consulted with the Virginia State 

Historic Preservation Office (SHPO) 

concerning the effects assessment and 

has executed a project specific 

Memorandum of Agreement (MOA) that 

identifies treatment of the affected 

resources. The executed MOA is 

contained in Appendix B of the ROD. 

In accordance with the Coastal Zone 

Management Act of 1972, as amended, 

the Preferred Alternative was evaluated 

for consistency with the Virginia Coastal 

Program. FAA’s evaluation determined 

that the Preferred Alternative is 

consistent with the Virginia Coastal 

Zone Program. The Federal Consistency 

Determination is contained in Appendix 

C–3 of the FEIS. 

In accordance with Executive Order 

11988, Floodplain Management and 

Order DOT 5650.2, Floodplain 

Management and Protection, FAA 

evaluated whether the Preferred 

Alternative would impact base 

floodplain based on a 100-year flood. 

The results of this assessment indicated 

that the Preferred Alternative would 

result in unavoidable impacts to the 

base floodplain and that all available 

measures to minimize harm will be 

included in the project design. FAA’s 

analysis has also determined that the 

base floodplain encroachment with the 

proposed mitigation does not constitute 

a ‘‘significant’’ encroachment. Measures 

to mitigate base floodplain impact are 

included in the FEIS. The public was 

informed of the base floodplain 

encroachment through FAA’s ongoing 

Public Involvement Program. 

Copies of the ROD are available for 

review by appointment only at the 

following FAA/MWAA Offices. Please 

call to make arrangements for viewing: 

Federal Aviation Administration, 

Washington Airports District Office, 

23723 Air Freight Lane, Suite 210, 

Dulles, VA, (703) 661–1358; Washington 

Dulles International Airport, Airport 

Managers Office, Main Terminal 

Baggage Claim Level, Dulles, VA, (703) 

572–2710. Additionally, copies of the 

ROD may be viewed during regular 

business hours at the following 

locations: 

1. Centreville Regional Library, 14200 

St. Germaine Drive, Centreville, VA. 

2. Chantilly Regional Library, 4000 

Stringfellow Road, Chantilly, VA. 

3. Great Falls Library, 9830 

Georgetown Pike, Great Falls, VA. 

4. Herndon Fortnightly Library, 768 

Center Street, Herndon, VA. 

5. Reston Regional Library, 11925 

Bowman Towne Drive, Reston, VA. 

6. Fairfax City Regional Library, 3915 

Chain Bridge Road, Fairfax, VA. 

7. Ashburn Library, 43316 Hay Road, 

Ashburn, VA. 

8. Rust Library, 380 Old Waterford 

Road, Leesburg, VA. 

9. Middleburg Library, 101 Reed 

Street, Middleburg, VA. 

10. Purcellville Library, 220 E. Main 

Street, Purcellville, VA. 

11. Sterling Library, 120 Enterprise 

Street, Sterling, VA. 

12. Eastern Loudoun Regional Library, 

21030 Whitfield Place, Sterling, VA. 

13. Tysons-Pimmit Regional Library, 

7584 Leesburg Pike, Falls Church, VA. 

The ROD may also be viewed at 

Metropolitan Washington Airports 

Authority’s (MWAA) Dulles Airport 

Web site: http://www.mwaa.com/dulles/ 

EnvironmentalStudies/ 

RunwaysEIS.htm. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Delia, Project Manager, Federal 

Aviation Administration, Washington 

Airports District Office, 23723 Air 

Freight Lane, Suite 210, Dulles, VA. Mr. 

Delia can be contacted at (703) 661–

1358. 

Issued in Washington, DC on October 17, 

2005. 

Terry Page, 

Manager, Washington Airports District Office, 

Federal Aviation Administration. 

[FR Doc. 05–21032 Filed 10–19–05; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket Nos. FMCSA–99–5578, FMCSA–99–

6480, FMCSA–2000–7363, FMCSA–2001–

9258, FMCSA–2001–9561, FMCSA–2002–

12884, FMCSA–2003–14223, FMCSA–2003–

15892] 

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 

FMCSA’s decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 30 individuals. FMCSA 

has statutory authority to exempt 

individuals from vision standards if the 

exemptions granted will not 

compromise safety. The agency has 

concluded that granting the renewal of 

these exemptions will continue to 

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 October 

30, 2005. Comments from interested 

persons should be submitted by 

November 21, 2005. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket 

Numbers FMCSA–99–5578, FMCSA–

99–6480, FMCSA–2000–7363, FMCSA–

2001–9258, FMCSA–2001–9561, 

FMCSA–2002–12884, FMCSA–2003–

14223, FMCSA–2003–15892 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 

61166 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices 

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 selfaddressed, 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), 

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 30 

individuals who have requested renewal 

of their exemptions in a timely manner. 

FMCSA has evaluated these 30 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. They 

are: 

Thomas E. Adams 

Lauren C. Allen 

Tracey A. Ammons 

Stanley E. Bernard 

Randy B. Combs 

William J. Corder 

Robert L. Cross, Jr. 

James D. Davis 

William P. Davis 

John C. Gadomski 

Edward J. Genovese 

Dewayne E. Harms 

James W. Harris 

Mark D. Kraft 

David F. LeClerc 

Charles L. Lovern 

Jimmy R. Millage 

Keith G. Reichel 

Carson E. Rohrbaugh 

Robert E. Sanders 

Earl W. Sheets 

James T. Simmons 

Donald J. Snider 

John A. Sortman 

Jesse L. Townsend 

Thomas D. Walden 

James A. Welch 

John M. Whetham 

Edward W. Yeates, Jr. 

Michael E. Yount 

These exemptions are renewed 

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 

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). 

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 30 applicants has 

satisfied the eligibility requirements for 

obtaining an exemption from the vision 

standard (64 FR 27027; 64 FR 51568; 66 

FR 48504; 68 FR 54775; 64 FR 68195; 

65 FR 20251; 67 FR 17102; 65 FR 45817; 

65 FR 77066; 68 FR 1654; 66 FR 17743; 

66 FR 33990; 66 FR 30502; 66 FR 41654; 

67 FR 68719; 68 FR 2629; 68 FR 10301; 

68 FR 19596; 68 FR 52811; 68 FR 

61860). Each of these 30 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, 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 

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, FMCSA requests 

that interested parties with specific data 

concerning the safety records of these 

drivers submit comments by November 

21, 2005. 

In the past FMCSA has received 

comments from Advocates for Highway 

and Auto Safety (Advocates) expressing 

continued opposition to 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). FMCSA continues to 

find its exemption process consistent 

with the statutory and regulatory 

requirements. 

Issued on: October 14, 2005. 

Rose A. McMurray, 

Associate Administrator, Policy and Program 

Development. 

[FR Doc. 05–21006 Filed 10–19–05; 8:45 am] 

BILLING CODE 4910–EX–P