Qualification of Drivers; Exemption Applications; Vision, 26601-26602 [E6-6786]

Download as PDF 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 VerDate Aug<31>2005 18:48 May 04, 2006 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: http://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 http://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 http://dms.dot.gov, including any personal information PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 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 http:// 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 http://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 E:\FR\FM\05MYN1.SGM 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 VerDate Aug<31>2005 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 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 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]


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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.

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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: http://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 http://
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 http://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 http://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 http://
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