61492 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 

This project requires Federal approval 

of a proposed new Interstate access and 

Federal Highway Administration 

funding as authorized by Title 23 of the 

United States Code. Consequently, 

pursuant to the National Environmental 

Policy Act (NEPA) (42 U.S.C. 4321 et 

seq.), the Federal Highway 

Administration (FHWA) in coordination 

with the Utah Department of 

Transportation (UDOT), prepared an 

Environmental Impact Statement (EIS) 

for the project’s impact on the human 

environment. The Final EIS (FEIS) was 

issued on April 22, 2005. 

Pursuant to Section 6002 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users [23 U.S.C. 139(l)] any person or 

entity wishing to file a claim for judicial 

review challenging this decision must 

do so within 180 days of the publication 

of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Gregory S. Punske, P.E., Environmental 

Program Manager, Federal Highway 

Administration, 2520 West 4700 South, 

Suite 9A, Salt Lake City, Utah 84118, 

Telephone (801) 963–0182; or Tamerha 

Maxwell, Project Manager, Utah 

Department of Transportation, Cedar 

District, 1470 North Airport Road, Cedar 

City, UT 84721–1009, Telephone: (435) 

865–5511. The FEIS is available for 

review at the addresses mentioned 

above and can be viewed and 

downloaded from the project Web site 

http://www.udot.utah.gov/sc/ or viewed 

at public libraries in the project area. A 

copy of the ROD is available upon 

written request from the Federal 

Highway Administration at the address 

shown above. 

Comments or questions concerning 

this proposed action and the ROD 

should be directed to the FHWA at the 

address provided above. 

[Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Research, 

Planning and Construction. The regulations 

impending Executive Order 12372 regarding 

intergovernmental consultation on Federal 

programs and activities apply to this 

program.] 

Issued on October 18, 2005. 

Gregory S. Punske, 

Environmental Program Manager, Salt Lake 

City, Utah. 

[FR Doc. 05–21178 Filed 10–21–05; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2005–21952] 

Agency Information Activities; 

Clearance of a New Information 

Collection: Assessing the 

Effectiveness of the Arbitration 

Program as a Means of Settling 

Household Goods Disputes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Request for public comments 

and Office of Management and Budget 

(OMB) approval of a new information 

collection. 

SUMMARY: This notice seeks comments 

from the public regarding the need for 

FMCSA to collect information by using 

three new surveys to assess how 

household goods (HHGs) carriers and 

shippers (persons who arrange for the 

transportation of, or those who move, 

household goods) are satisfied with 

current arbitration dispute resolution 

procedures. The information collection 

(IC) meets the statutory requirements of 

the Interstate Commerce Commission 

Termination Act of 1995 (ICCTA). This 

notice is published (pursuant to the 

Paperwork Reduction Act of 1995) to 

measure the need for the proposed 

information collection, to find ways to 

minimize the burden on household 

goods shippers and carriers, to find 

ways to enhance the quality of 

information collected, and to verify the 

accuracy of the agency’s estimate of the 

burden (measured in work hours) on 

household goods shippers and carriers. 

DATES: Please submit comments on or 

before December 23, 2005. 

ADDRESSES: You may submit written 

comments to the docket by any of the 

following methods: 

• Mail: Dockets Facility, U.S. 

Department of Transportation, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. Anyone 

wanting confirmation of mailed 

comments must include a self-addressed 

stamped postcard. 

• Hand delivery or courier: Room PL–

401 on plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington DC. The Dockets Facility is 

open from 10 a.m. to 5 p.m., Monday 

through Friday, except on Federal 

holidays. 

• Web site: Go to http://dms.dot.gov, 

click on ‘‘Comments/Submissions’’ and 

follow instructions at the site. 

All written comments should identify 

the docket number and notice number 

stated in the heading of this notice. 

Docket access: For copies of this 

notice or other materials in the docket, 

you may contact the Dockets Facility by 

phone (202–366–9329) or visit the 

facility at the above street address. For 

Web access to the dockets to read and 

download filed material, go to http:// 

dms.dot.gov/search. Then type in the 

last four digits of the docket number 

shown in the heading of this notice, and 

click on ‘‘Search.’’

Anyone can search the electronic 

form of all comments filed in any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted for an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the April 11, 

2000 issue of the Federal Register (65 

FR 19477) or go to http://dms.dot.gov. 

Interested persons are invited to send 

comments regarding the burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Darrell Ruban, (202) 385–2400, 

Commercial Enforcement Division (MC–

ECC), Federal Motor Carrier Safety 

Administration, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590. Office 

hours are from 8 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: The 

Secretary of Transportation (Secretary) 

is authorized to register for-hire motor 

carriers of regulated commodities under 

the provisions of 49 U.S.C. 13902, 

surface freight forwarders under the 

provisions of 49 U.S.C. 13903, and 

property brokers under the provisions of 

49 U.S.C. 13904. These persons may 

conduct interstate transportation 

services only if they are registered 

pursuant to 49 U.S.C. 13901. As a 

condition of registration under 49 U.S.C. 

13902 and 13903 (ICCTA (Pub. L. 104–

88, 109 Stat. 803) (December 29, 1995); 

(49 U.S.C. 14708 (a)), a carrier providing 

transportation of household goods 

subject to jurisdiction under subchapter 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 61493 

I or III of chapter 135, title 49, U.S.C., 

must agree to offer arbitration to HHGs 

shippers as a means of settling disputes 

concerning damage or loss to the 

household goods transported. Under 49 

U.S.C. 14708(g)), the Secretary is 

required to complete an assessment of 

the dispute settlement program and if, 

after notice and comment, it is 

determined that changes to the program 

are necessary, the Secretary will 

implement such changes and provide a 

report to Congress on the changes made. 

The General Accountability Office 

(GAO) recommended such an 

assessment in their March 2001 review 

(Report Number GAO–01–318). The 

Secretary has delegated authority 

pertaining to these registrations and 

arbitration matters to FMCSA. 

Since the passage of the ICCTA, the 

level of Federal involvement in 

mitigating interstate HHGs disputes has 

been significantly reduced. FMCSA is 

responsible for overseeing the 

arbitration process, but has provided 

only limited attention, staffing, and 

resources to this non-safety related 

function. Shippers of household goods 

unhappy about loss or damage to 

property during their move with an 

interstate HHGs carrier may follow one 

of several paths to settle disputes: (1) 

File a complaint with consumer 

assistance organizations or FMCSA; (2) 

agree to participate in a binding 

arbitration process with the American 

Moving and Storage Association 

(AMSA) or some other organization that 

runs an arbitration process; or (3) 

pursue civil litigation. Each carrier 

providing transportation of household 

goods must agree to offer to shippers of 

HHGs neutral arbitration, as well as a 

concise easy-to-read, accurate summary 

of the arbitration procedure, any 

applicable costs, and disclosure of the 

legal effects of election to utilize 

arbitration and inform shippers about 

the availability of this process to resolve 

complaints (49 U.S.C. 14708 (a) and 

(b)(2)). As mandated by Congress, 

FMCSA is required to determine the 

effectiveness of arbitration as a means of 

settling HHGs disputes from the point of 

view of both interstate household goods 

shippers and carriers. The increasing 

number of consumer complaints related 

to HHGs shipments received by FMCSA 

and other consumer protection 

organizations demonstrates the current 

need for such an assessment. 

Type of Information Collection 

Request: New collection. 

Title of Information Collection: 

Assessing the Effectiveness of the 

Arbitration Program as a Means of 

Settling Household Goods Disputes. 

OMB Approval Number: 2126–XXXX. 

Frequency: Annually. 

Use: This collection will be used by 

FMCSA to assess the effectiveness of the 

arbitration program as a means of 

settling disputes from the perspective of 

the household goods shippers and 

carriers. 

Estimated Number of Respondents: 

300 [100 respondents × 3 surveys = 300 

respondents]. 

Respondents: Household goods 

shippers and carriers. 

Total Annual Hours Requested: The 

estimated total annual burden is 150 

hours for the information collection 

comprised of three arbitration 

satisfaction surveys—one for HHGs 

carriers, one for HHGs shippers who 

have used arbitration, and one for HHGs 

shippers who have filed claims (or 

complaints with FMCSA). Each survey 

requires 100 responses to achieve 

statistical significance of the results [100 

respondents per survey × 1⁄2 hour per 

respondent × 3 surveys = 150 hours]. 

Authority: The Paperwork Reduction Act 

of 1995, 44 U.S.C. chapter 35, as amended; 

49 U.S.C. 13901, 13902, 13903, 13904 and 

14708; the ICC Termination Act of 1995 (Pub. 

L. 104–88, 109 Stat. 803 (December 29, 

1995)); and 49 CFR § 1.73. 

Issued on: October 17, 2005. 

Annette M. Sandberg, 

Administrator. 

[FR Doc. 05–21202 Filed 10–21–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2005–21711] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT 

ACTION: Notice of final disposition. 

SUMMARY: The FMCSA announces its 

decision to grant exemptions from the 

vision requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

40 individuals. The exemptions will 

enable these individuals to qualify as 

drivers of commercial motor vehicles 

(CMVs) in interstate commerce without 

meeting the vision standard prescribed 

in 49 CFR 391.41(b)(10). 

DATES: This decision is effective October 

24, 2005. 

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: 

Electronic Access 

You may see all the comments online 

through the Document Management 

System (DMS) at: http://dmses.dot.gov. 

Background 

On August 19, 2005, the FMCSA 

published a notice of receipt of 

exemption applications from 40 

individuals, and requested comments 

from the public (70 FR 48797). The 40 

individuals petitioned the FMCSA for 

exemptions from the vision requirement 

in 49 CFR 391.41(b)(10), which applies 

to drivers of CMVs in interstate 

commerce. They are: Roy L. Allen, 

Calvin D. Atwood, Gregory W. 

Babington, Lennie D. Baker, Jr., John E. 

Breslin, Arturo Cardozo, William P. 

Doolittle, Steve R. Felks, William M. 

Gales, III, Jonathan M. Gentry, John N. 

Guilford, Benny D. Hatton, Jr., Robert 

W. Healey, Jr., Nathaniel H. Herbert, Jr., 

Thomas D. Lambert, Thomas (Tom) W. 

Markham, Eugene P. Martin, Raul 

Martinez, Joseph L. Mast, Randy G. 

McCloud, Richard L. McEwen, David 

McKinney, Ralph L. Means, Kevin L. 

Moody, Woody M. Moore, William G. 

Mote, Charles W. Mullenix, James R. 

Murphy, Kenneth R. Murphy, Gary S. 

Partridge, Nathan (Nate) D. Peterson, 

John N. Poland, Neal A. Richard, Chris 

A. Ritenour, Brent L. Seaux, Gerald M. 

Smith, James T. Smith, Nicholas J. 

Turpin, Gary M. Wolff, and George R. 

Zenor. 

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

the 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. Accordingly, the FMCSA has 

evaluated the 40 applications on their 

merits and made a determination to 

grant exemptions to all of them. The 

comment period closed on September 

19, 2005. Two comments were received, 

and their contents were carefully 

considered by the FMCSA in reaching 

the final decision to grant the 

exemptions. 

Vision and Driving Experience of the 

Applicants 

The vision requirement in the 

FMCSRs provides: 

A person is physically qualified to 

drive a commercial motor vehicle if that