Qualification of Drivers; Exemption Applications; Vision, 47559-47560 [E6-13591]

Download as PDF rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Notices 2003, a detailed State-by-State report with counts and areas for rehabilitated Federal-aid bridges in 2003. • Non-Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2003, a detailed State-by-State report with counts and areas for rehabilitated non-Federal-aid bridges in 2003. • Federal-aid Highways: Construction Materials for New and Replaced Bridges 2004, a detailed State-by-State report with counts and areas for Federal-aid bridges built or replaced in 2004. • Non-Federal-Aid Highways: Construction Materials for New and Replaced Bridges 2004, a detailed Stateby-State report with counts and areas for non-Federal-aid bridges built or replaced in 2004. • Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2004, a detailed State-by-State report with counts and areas for rehabilitated Federal-aid bridges 2004. • Non-Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2004, a detailed State-by-State report with counts and areas for rehabilitated non-Federal-aid bridges types in 2004. • Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2003, which combines the 2003 reports on new, replaced and rehabilitated Federal-aid bridges. • Non-Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2003, which combines the 2003 reports on new, replaced and rehabilitated nonFederal-aid bridges. • Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2004, which combines the 2004 reports on new, replaced and rehabilitated Federal-aid bridges. • Non-Federal-aid Highways: Construction Materials for New Replaced and Rehabilitated Bridges 2004, which combines the 2004 reports on new, replaced and rehabilitated nonFederal-aid bridges. The tables provide data for 2 years: 2003 and 2004. The 2003 data is considered complete for new and rehabilitated bridges, with a minimal likelihood of upward changes in the totals. The 2004 data is considered partially complete for new bridges and complete for rehabilitated bridges, because many new bridges built in 2004 will not appear in the NBI until they are placed into service the following year. Therefore, next year’s report will include 2004’s data on new bridge VerDate Aug<31>2005 16:36 Aug 16, 2006 Jkt 208001 construction, because the data will be complete. Each table displays simple counts of bridges and total bridge deck area. Total bridge deck area is measured in square meters, by multiplying the bridge length by the deck width out-to-out. The data is categorized by the following material types, which are identified in the NBI: steel, concrete, pre-stressed concrete and other. The category ‘‘Other’’ includes wood, timber, masonry, aluminum, wrought iron, cast iron and other. Material type is the predominate type for the main span(s). (Authority: 23 U.S.C. 144(r); Sec. 1114(f), Pub. L. 109–59, 119 Stat. 1144.) Issued on: August 10, 2006. J. Richard Capka, Federal Highway Administrator. [FR Doc. E6–13510 Filed 8–16–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–01–10578, FMCSA– 04–17195] 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 5 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 August 17, 2006. Comments must be received on or before September 18, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System (DMS) Docket Numbers FMCSA–01–10578, FMCSA–04–17195, 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. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 47559 • 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 online. 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., 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 E:\FR\FM\17AUN1.SGM 17AUN1 47560 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Notices rwilkins on PROD1PC63 with NOTICES of 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 5 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 5 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Manuel A. Almeida, Donald E. Hathaway, Jose M. Suarez, Stephen D. Vice, and Richard A. Yeager. 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. 31136(e) and 31315. 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 5 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (66 FR 53826; 66 FR 66966; 69 FR 17267; 69 FR 17263; 69 FR 31447). Each of these 5 applicants has requested timely renewal of the exemption and has submitted evidence showing that the vision in the better eye VerDate Aug<31>2005 16:36 Aug 16, 2006 Jkt 208001 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 September 18, 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 5 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 adverse 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. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 Issued on: August 10, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–13591 Filed 8–16–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA–2006–25631] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. SUMMARY: The Federal Transit Administration invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval to renew the following information collections: (1) Nondiscrimination as it Applies to FTA Grant Programs. (2) Title VI as it Applies to FTA Grant Programs. The collections involve our Nondiscrimination and Title VI Programs. The information to be collected for the Nondiscrimination Program is necessary to ensure that any employee or applicant for employment is not discriminated against on the basis of race, color, creed, sex, national origin, age or disability. The information to be collected for the Title VI Program is necessary to ensure that service and benefits are provided nondiscriminatorily without regard to race, color, or national origin. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. The Federal Register Notice with a 60-day comment period soliciting comments was published on May 30, 2006. DATES: Comments must be submitted before September 18, 2006. A comment to OMB is most effective if OMB receives it within 30 days of publication. FOR FURTHER INFORMATION CONTACT: Sylvia L. Marion, Office of Administration, Office of Management Planning, (202) 366–6680. SUPPLEMENTARY INFORMATION: Title: Nondiscrimination as it Applies to FTA Grant Programs (OMB Number: 2132–0540). Abstract: All entities receiving Federal financial assistance from FTA are prohibited from discriminating against any employee or applicant for employment because of race, color, E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Notices]
[Pages 47559-47560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13591]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-01-10578, FMCSA-04-17195]


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 
5 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 August 17, 2006. Comments must be 
received on or before September 18, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Numbers FMCSA-01-10578, FMCSA-04-17195, 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 online.
    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., 
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

[[Page 47560]]

of 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 5 
individuals who have requested renewal of their exemptions in a timely 
manner. FMCSA has evaluated these 5 applications for renewal on their 
merits and decided to extend each exemption for a renewable two-year 
period. They are: Manuel A. Almeida, Donald E. Hathaway, Jose M. 
Suarez, Stephen D. Vice, and Richard A. Yeager.
    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. 31136(e) and 
31315.

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 5 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (66 FR 53826; 66 FR 66966; 69 FR 17267; 69 FR 17263; 69 FR 
31447). Each of these 5 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 September 18, 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 5 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 adverse 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: August 10, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
 [FR Doc. E6-13591 Filed 8-16-06; 8:45 am]
BILLING CODE 4910-EX-P