Availability of the Updated “Your Rights and Responsibilities When You Move” Pamphlet, 17945 [E6-5048]

Download as PDF Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologist’s medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. The agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31315 and 31136(e) to Daryle W. Belcher, William H. Gardner, Roy G. Hill, Anthony D. Izzi, Ronald D. Paul, and Kenneth L. Pogue. wwhite on PROD1PC61 with NOTICES Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document. Discussion of Comments FMCSA received one comment in this proceeding. The comment is considered and is discussed below. Charles A. Johnson commented that he is an insulin dependent diabetic who wanted to obtain a Commercial Driver’s License (CDL) and found out the FMCSRs include a blanket prohibition against him doing so. He is shocked that the regulation exists when the advancements in diabetes management are rapid and constant. He is of the opinion that quarterly visits to a diabetes specialist in which the review of Glycosylated hemoglobin (A1c) tests and blood glucose levels are evaluated is sufficient and that copies of A1c information should be required to be forwarded to the state of licensure. FMCSA is responsible for the establishment and enforcement of physical qualifications standards applicable to drivers who operate CMVs in interstate commerce. The Agency is also responsible for CDL testing and licensing procedures used by the states in issuing CDLs. Drivers who operate CMVs in interstate commerce must meet the Federal physical qualifications standards to obtain a CDL. Drivers who operate exclusively in intrastate commerce are required to comply with the applicable State rules concerning physical qualifications to obtain a CDL. FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to allow drivers who are not qualified under section VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 391.41(b)(3) to apply for an exemption from the Federal standard. The Agency must ensure that each exemption would achieve a level of safety equivalent to, or greater than, the level achieved without the exemption. This means that drivers who intend to apply for an exemption should have sufficient medical data, to include a review of blood glucose measurements and hemoglobin A1c information by the treating endocrinologist, and any other relevant information necessary to support a determination by the Agency that granting them exemptions from 391.41(b)(3) would achieve the required level of safety. Conclusion After considering the comments to the docket and based upon its evaluation of the 6 exemption applications, FMCSA exempts Daryle W. Belcher, William H. Gardner, Roy G. Hill, Anthony D. Izzi, Ronald D. Paul, and Kenneth L. Pogue from the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31315 and 31136(e), each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked 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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: March 29, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–5056 Filed 4–6–06; 8:45 am] BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. AGENCY: SUMMARY: FMCSA announces the availability of the 2006 version of the ‘‘Your Rights and Responsibilities When Fmt 4703 FOR FURTHER INFORMATION CONTACT: Federal Motor Carrier Safety Administration, Office of Compliance and Enforcement, Commercial Enforcement Division (MC–ECC), (202) 385–2400, 400 Virginia Avenue, SW., Suite 600, Washington, DC 20024. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday except Federal holidays. Issued on: March 31, 2006. Annette M. Sandberg, Administrator. [FR Doc. E6–5048 Filed 4–6–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Sfmt 4703 Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, DOT. ACTION: Notice. AGENCY: Availability of the Updated ‘‘Your Rights and Responsibilities When You Move’’ Pamphlet Frm 00141 You Move’’ pamphlet (Publication No. FMCSA–ESA–03–006, Revised/Updated April 2006). Only those changes mandated by Subtitle B, sections 4201– 4216, of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) [Pub. L. 109–59, August 10, 2005, 119 Stat. 1751] have been incorporated into this pamphlet. The Agency finds that seeking public comment before publishing changes to this pamphlet is unnecessary and contrary to the public interest. First, FMCSA is only modifying this pamphlet to incorporate requirements of SAFETEA-LU which took effect on August 10, 2005. Second, moving companies are required to provide copies of the pamphlet to household goods shippers. Thus, the pamphlet needs to accurately reflect these statutory changes without further delay. ADDRESSES: FMCSA’s ‘‘Your Rights and Responsibilities When You Move’’ pamphlet will be available—after April 7, 2006—on its Web site at https:// www.protectyourmove.gov/consumer/ awareness/rights/Rights1.htm. Follow the instructions for downloading this pamphlet. Federal Railroad Administration DEPARTMENT OF TRANSPORTATION PO 00000 17945 SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Page 17945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5048]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Availability of the Updated ``Your Rights and Responsibilities 
When You Move'' Pamphlet

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

ACTION: Notice.

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

SUMMARY: FMCSA announces the availability of the 2006 version of the 
``Your Rights and Responsibilities When You Move'' pamphlet 
(Publication No. FMCSA-ESA-03-006, Revised/Updated April 2006). Only 
those changes mandated by Subtitle B, sections 4201-4216, of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005, 119 Stat. 
1751] have been incorporated into this pamphlet. The Agency finds that 
seeking public comment before publishing changes to this pamphlet is 
unnecessary and contrary to the public interest. First, FMCSA is only 
modifying this pamphlet to incorporate requirements of SAFETEA-LU which 
took effect on August 10, 2005. Second, moving companies are required 
to provide copies of the pamphlet to household goods shippers. Thus, 
the pamphlet needs to accurately reflect these statutory changes 
without further delay.

ADDRESSES: FMCSA's ``Your Rights and Responsibilities When You Move'' 
pamphlet will be available--after April 7, 2006--on its Web site at 
https://www.protectyourmove.gov/consumer/awareness/rights/Rights1.htm. 
Follow the instructions for downloading this pamphlet.

FOR FURTHER INFORMATION CONTACT: Federal Motor Carrier Safety 
Administration, Office of Compliance and Enforcement, Commercial 
Enforcement Division (MC-ECC), (202) 385-2400, 400 Virginia Avenue, 
SW., Suite 600, Washington, DC 20024. Office hours are from 8:30 a.m. 
to 5 p.m., e.t., Monday through Friday except Federal holidays.

    Issued on: March 31, 2006.
Annette M. Sandberg,
Administrator.
 [FR Doc. E6-5048 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-EX-P

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