UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on November 7, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15949

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  SUNWEST AVIATION LTD.				                     Date Filed:
July 22, 2005

Relief requested:  Renewal of exemption from 49 USC § 41301 to permit
the applicant to conduct passenger and cargo charter operations between:
1) Canada and the United States; 2) third countries and the United
States, via Canada, that make a stopover in Canada for at least two
consecutive nights; and 3) other charters to/from the United States in
accordance with 14 CFR Part 212.  The applicant requests that the
authority be granted for a two-year term.  Furthermore, the applicant
has undergone a trade name change and requests the renewal of exemption
authority be issued in the new company trade name indicated above.

If renewal, date and citation of last action:  October 22, 2004, in this
Docket.

Applicant representative:  Aaron A. Goerlich,<PHONE_NUMBER>
     DOT analyst:  Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved, in part (one-year grant), remainder (request for
longer-term award) dismissed.  (See remarks below).

Action date:  November 7, 2005

Effective dates of authority granted:  November 7, 2005, through
November 7, 2006.

Basis for approval (bilateral agreement/reciprocity):  United
States-Canada Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached).

Special conditions/Remarks:  In the conduct of these operations, the
carrier must adhere to all applicable provisions of the U.S.-Canada
Agreement, and may only use aircraft designed to have a maximum
passenger capacity of not more than 60 seats or a maximum payload
capacity of not more than 18,000 pounds.  We note that under this
authority the carrier may conduct charter operations between: 1) Canada
and the United States; and 2) third countries and the United States, via
Canada, with a stopover in Canada for at least two consecutive nights.
Other charters to be conducted under this authority, however, are
subject to prior approval under 14 CFR Part 212.  The one-year duration
of the authority we granted is consistent with our usual policy of
granting exemption authority in the circumstances presented.  We,
therefore, dismissed the application to the extent that it sought
authority for a longer period.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 05/2004

 Our previous grants of authority to the applicant in this Docket were
issued in the name Sunwest Home Aviation Ltd.


[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74731-74733]
[FR Doc No: 2012-30294]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0338]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 9 individuals for
exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before January 16, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0338 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any

personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment 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 may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>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:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations 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.'' FMCSA can renew exemptions at the end of each
2-year period. The 9 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Sava A. Andjelich

    Mr. Andjelich, age 45, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``In my professional opinion and based solely on my
findings, Mr. Andjelich appears to have sufficient visual capacity to
perform driving tasks involved with commercial vehicles.'' Mr.
Andjelich reported that he has driven straight trucks for 2 years,
accumulating 60,000 miles, and tractor-trailer combinations for 23
years, accumulating 1.8 million miles. He holds an operator's license
from Indiana. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

William Audinwood

    Mr. Audinwood, 63, has had a corneal scar in his left eye due to a
traumatic incident since childhood. The visual acuity in his right eye
is 20/20, and in his left eye, 20/100. Following an examination in
2012, his optometrist noted, ``In my opinion, William Audinwood does
have sufficient visual fields to operate a commercial vehicle.'' Mr.
Audinwood reported that he has driven straight trucks for 36 years,
accumulating 720,000 miles. He holds a Class B Commercial Driver's
License (CDL) from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Keith E. Breeding

    Mr. Breeding, 54, has had an arterial occlusion in his right eye
since 2006. The best corrected visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``In my opinion, Mr. Breeding has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle, but I assume no responsibility for his ability and the final
decision is on your agency.'' Mr. Breeding reported that he has driven
straight trucks for 33 years, accumulating 18,150 miles, and tractor-
trailer combinations for 26 years, accumulating 1.5 million miles. He
holds a Class A CDL from Indiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Manual Chancey

    Mr. Chancey, 72, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/400,
and in his left eye, 20/25. Following an examination in 2012, his
optometrist noted, ``His vision is sufficient enough to operate a
commercial vehicle.'' Mr. Chancey reported that he has driven tractor-
trailer combinations for 25 years, accumulating 2 million miles. He
holds a Class A CDL from Florida. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

David L. Ellis

    Mr. Ellis, 31, has complete loss of vision in his right eye since
2007. The visual acuity in his left eye is 20/15. Following an
examination in 2012, his ophthalmologist noted, ``He, in my opinion,
has sufficient vision to perform the required commercial driving
tasks.'' Mr. Ellis reported that he has driven tractor-trailer
combinations for 7.5 years, accumulating 375,000 miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Jack A. Hemelgarn

    Mr. Hemelgarn, 60, has a retinal detachment in his left eye due to
a traumatic incident since 2008. The best corrected visual acuity in
his right eye is 20/20, and in his left eye, 20/70. Following an
examination in 2012, his optometrist noted, ``In my opinion, from a
vision stand point, he can safely perform the driving tasks required to
operate a commercial motor vehicle.'' Mr. Hemelgarn reported that he
has driven buses for 22 years, accumulating 880,000 miles. He holds a
Class B CDL from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Bobby L. Rupe

    Mr. Rupe, 58, has complete loss of vision in his left eye due to a
traumatic incident since 1991. The best corrected visual acuity in his
right eye is 20/20. Following an examination in 2012, his optometrist
noted, ``In my medical opinion Mr. Rupe has sufficient vision to
perform the driving task required to, operate a commercial vehicle.''
Mr. Rupe reported that he has driven tractor-trailer combinations for
34 years, accumulating 3.4 million miles. He holds a Class A CDL from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Gary Wanek

    Mr. Wanek, 49, has had a central retinal hole in his left eye since
1982. The best corrected visual acuity in his right eye is 20/20, and
in his left eye, 20/200. Following an examination in 2012, his
optometrist noted, ``In my medical opinion, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wanek reported that he has driven straight trucks for 25 years,
accumulating 175,000 miles. He holds an operator's license from
Nebraska. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Richard A. Wilt

    Mr. Wilt, 65, has had a macular scar in his right eye since birth.
The best corrected visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``In my medical opinion, with Mr. Wilt's good visual acuity and
normal peripheral visual fields, his vision is sufficient to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Wilt
reported that he has driven straight trucks for 20 years, accumulating
730,000 miles. He holds an operator's license from Ohio. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business January 16, 2013. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: November 28, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30294 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-EX-P