Qualification of Drivers; Exemption Applications; Vision, 26601-26602 [E6-6786]
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
reduced on the Northeast systems
interchange (35/80/235).
Alternatives under consideration
include: (1) Taking no action; (2)
widening existing roadways; and, (3)
constructing a roadway on a new
location. The build alternative will
include consideration of various
alignments and grades.
Letters describing the proposed action
and soliciting comments will be sent to
appropriate Federal, State, and local
agencies, and to private organizations
and citizens who have previously
expressed or are known to have interest
in this proposal. A series of public
meetings will be held in 2006 and 2007.
In addition, a public hearing will be
held upon completion of the draft EIS.
Public notice will be given of the time
and place of the public meetings and
public hearing. The draft EIS will be
available for public and agency review
and comment prior to the public
hearing.
A scoping meeting (the initial public
meeting) will be held identifying
significant issues to be addressed in the
environmental impact statement. The
date and location of the scoping meeting
have not yet been determined but will
be advertised in various local media.
To ensure that the full range of issues
related to this proposed action are
addressed and all significant issues are
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the FHWA or Iowa
Department of Transportation at the
address provided in the caption FOR
FURTHER INFORMATION CONTACT.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
(Authority: 23 U.S.C. 315; 49 CFR 1.48).
Dated: April 28, 2006.
Philip E. Barnes,
Division Administrator FHWA, Iowa Division.
[FR Doc. E6–6802 Filed 5–4–06; 8:45 am]
cchase on PROD1PC60 with NOTICES
BILLING CODE 4910–22–P
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Jkt 208001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–99–5748, FMCSA–99–
6156, FMCSA–99–6480, FMCSA–2000–7006,
FMCSA–2001–11426, FMCSA–2002–11714,
FMCSA–2003–16564]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 23
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement 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 May
30, 2006. Comments must be received
on or before June 5, 2006.
ADDRESSES: You may submit comments
identified by DOT Docket Management
System (DMS) Docket Numbers
FMCSA–99–5748, FMCSA–99–6156,
FMCSA–99–6480, FMCSA–2000–7006,
FMCSA–2001–11426, FMCSA–2002–
11714, FMCSA–2003–16564, using any
of the following methods.
• Web site: https://dmses.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.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the Agency name and docket
numbers for this Notice. Note that all
comments received will be posted
without change to https://dms.dot.gov,
including any personal information
PO 00000
Frm 00153
Fmt 4703
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26601
provided. Please see the Privacy Act
heading for further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or 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. The DMS is available
24 hours each day, 365 days each year.
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 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 the Department of
Transportation’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information
is also available at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366–4001,
maggi.gunnels@dot.gov, FMCSA,
Department of Transportation, 400
Seventh Street, SW., Room 8301,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Exemption Decision
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of commercial motor vehicles (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 23 individuals
who have requested renewal of their
exemptions in a timely manner. FMCSA
has evaluated these 23 applications for
renewal on their merits and decided to
extend each exemption for a renewable
two-year period. They are:
Guy M. Alloway
Joe W. Brewer
Terrance F. Case
James D. Coates
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05MYN1
26602
Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices
Richard J. Cummings
Michael D. DeBerry
Donald D. Dunphy
James W. Ellis, IV
John E. Engstad
David W. Grooms
Walter D. Hague, Jr.
David A. Inman
Alfred G. Jeffus
Harry L. Jones
Teddie W. King
Lawrence C. Moody
Stanley W. Nunn
William R. Proffitt
Charles L. Schnell
Andrew W. Schollett
Bobby C. Spencer
Sammy D. Steinsultz
Kevin R. Stoner
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
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).
cchase on PROD1PC60 with NOTICES
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. 31136(e) and
31315, each of the 23 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR
66962; 67 FR 10475; 69 FR 26206; 64 FR
54948; 65 FR 159; 69 FR 17267; 67 FR
17102; 64 FR 68195; 65 FR 20251; 69 FR
19611; 65 FR 20245; 67 FR 15662; 67 FR
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18:48 May 04, 2006
Jkt 208001
37907; 67 FR 10471; 67 FR 19798; 67 FR
15662; 68 FR 74699; 69 FR 10503). Each
of these 23 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.
Request for 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. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by June 5,
2006.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
Notices of final disposition announcing
its decision to exempt these 23
individuals from the vision requirement
in 49 CFR 391.41(b)(10). That final
decision to grant the exemption to each
of these individuals was based on the
merits of each case and only after
careful consideration of the comments
received to its Notices of applications.
Those Notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all of these
drivers, are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any evidence
submitted and, if safety is being
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compromised or if continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take
immediate steps to revoke the
exemption of a driver.
Issued on: April 28, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. E6–6786 Filed 5–4–06; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of title 49
Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Golden Pacific Railroad, Inc.
[Waiver Petition Docket Number FRA–2006–
23741]
The Golden Pacific Railroad, Inc.
(GPRR), seeks a waiver of compliance
from certain provisions of the Safety
Glazing Standards, 49 CFR part 223, that
requires certified glazing, for six (6)
coaches. Specifically, these are coach
numbers TPHX 800, TPHX 801, TPHX
813, TPHX 817, TPHX 821 and TPHX
835. The GPRR plans to use the subject
cars in a local non commuter train
service at speeds of less then 40 miles
per hour.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number 2006–23741)
and must be submitted to the Docket
Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. Communications received within
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Notices]
[Pages 26601-26602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6786]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-99-5748, FMCSA-99-6156, FMCSA-99-6480, FMCSA-2000-
7006, FMCSA-2001-11426, FMCSA-2002-11714, FMCSA-2003-16564]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
23 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement 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 May 30, 2006. Comments must be
received on or before June 5, 2006.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Numbers FMCSA-99-5748, FMCSA-99-6156, FMCSA-99-
6480, FMCSA-2000-7006, FMCSA-2001-11426, FMCSA-2002-11714, FMCSA-2003-
16564, using any of the following methods.
Web site: https://dmses.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.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the Agency name and
docket numbers for this Notice. Note that all comments received will be
posted without change to https://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading for further
information.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or 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. The DMS is available 24 hours each day, 365
days each year. 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 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 the Department of Transportation's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information is also available at https://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366-4001, maggi.gunnels@dot.gov, FMCSA,
Department of Transportation, 400 Seventh Street, SW., Room 8301,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Exemption Decision
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of commercial motor vehicles (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 23 individuals who have requested renewal of
their exemptions in a timely manner. FMCSA has evaluated these 23
applications for renewal on their merits and decided to extend each
exemption for a renewable two-year period. They are:
Guy M. Alloway
Joe W. Brewer
Terrance F. Case
James D. Coates
[[Page 26602]]
Richard J. Cummings
Michael D. DeBerry
Donald D. Dunphy
James W. Ellis, IV
John E. Engstad
David W. Grooms
Walter D. Hague, Jr.
David A. Inman
Alfred G. Jeffus
Harry L. Jones
Teddie W. King
Lawrence C. Moody
Stanley W. Nunn
William R. Proffitt
Charles L. Schnell
Andrew W. Schollett
Bobby C. Spencer
Sammy D. Steinsultz
Kevin R. Stoner
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 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. 31136(e) and 31315, each of the 23 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR 66962; 67 FR 10475; 69 FR 26206; 64 FR
54948; 65 FR 159; 69 FR 17267; 67 FR 17102; 64 FR 68195; 65 FR 20251;
69 FR 19611; 65 FR 20245; 67 FR 15662; 67 FR 37907; 67 FR 10471; 67 FR
19798; 67 FR 15662; 68 FR 74699; 69 FR 10503). Each of these 23
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.
Request for 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. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by June 5, 2006.
FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published Notices of final disposition
announcing its decision to exempt these 23 individuals from the vision
requirement in 49 CFR 391.41(b)(10). That final decision to grant the
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its Notices of applications. Those Notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any evidence submitted and, if
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315, FMCSA will take immediate steps to revoke the exemption of a
driver.
Issued on: April 28, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-6786 Filed 5-4-06; 8:45 am]
BILLING CODE 4910-EX-P