Qualification of Drivers; Exemption Applications; Vision, 50970-50971 [E6-14178]
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50970
Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–99–5748, FMCSA–99–
6480, FMCSA–00–7006, FMCSA–01–11426,
FMCSA–02–11714, FMCSA–02–12294]
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 19
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.
This decision is effective
September 9, 2006. Comments must be
received on or before September 27,
2006.
DATES:
You may submit comments
identified by DOT Docket Management
System (DMS) Docket Numbers
FMCSA–99–5748, FMCSA–99–6480,
FMCSA–00–7006, FMCSA–01–11426,
FMCSA–02–11714, FMCSA–02–12294,
using any of the following methods.
ADDRESSES:
• 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
mstockstill on PROD1PC61 with NOTICES
Ronald M. Aure .................................................................
Frank R. Berritto ...............................................................
Jack D. Clodfelter .............................................................
James W. Collins ..............................................................
Daniel K. Davis, III ............................................................
Timothy J. Droeger ...........................................................
Gary T. Hicks ....................................................................
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
VerDate Aug<31>2005
15:09 Aug 25, 2006
Jkt 208001
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 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 19
individuals who have requested renewal
of their exemptions in a timely manner.
FMCSA has evaluated these 19
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period. They
are:
Oskia D. Johnson ............................................................
Walter R. Morris ..............................................................
Richard W. O’Neill ...........................................................
Larry A. Priewe ...............................................................
Gary L. Reveal ................................................................
Billy L. Riddle ..................................................................
Randolph L. Rosewicz ....................................................
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
PO 00000
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:
Frm 00089
Fmt 4703
Sfmt 4703
Kenneth D. Sisk
Patrick D. Talley
John C. Vantaggi
Loren R. Walker
Timothy J. Wilson
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
E:\FR\FM\28AUN1.SGM
28AUN1
Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Notices
31315, each of the 19 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR
66962; 67 FR 17102; 69 FR 51346; 64 FR
68195; 65 FR 20251; 67 FR 38311; 65 FR
20245; 67 FR 46016; 67 FR 57267; 67 FR
10471; 67 FR 19798; 67 FR 15662; 67 FR
37907). Each of these 19 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.
mstockstill on PROD1PC61 with NOTICES
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
27, 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,
subsequently comments submitted by
interested parties. As indicated above,
the Agency previously published
Notices of final disposition announcing
its decision to exempt these 19
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The 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 in response to the Notices
announcing the applications. The
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.
VerDate Aug<31>2005
15:09 Aug 25, 2006
Jkt 208001
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 21, 2006.
Pamela M. Pelcovits,
Director, Office of Policy Plans and
Regulation.
[FR Doc. E6–14178 Filed 8–25–06; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–21324]
Pre-Trip Safety Information for
Motorcoach Passengers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: FMCSA seeks comments on
its proposed plan to implement National
Transportation Safety Board (NTSB)
recommendations for providing pre-trip
safety information to motorcoach
passengers. The NTSB recommends that
the agency require, and develop
minimum guidelines for, pre-trip safety
information to be provided by
motorcoach companies to passengers.
FMCSA, in conjunction with
stakeholders, has developed a basic plan
for all motorcoach companies to
implement a passenger safety awareness
program. FMCSA proposes a flexible
plan that would approve several
methods of informing motorcoach
passengers using visual and/or audio
presentation, with or without
technology assistance. FMCSA seeks
motorcoach industry and stakeholder
input in finalizing the plan. The goal of
this initiative is to develop, and
encourage adoption of, passenger safety
awareness guidelines suited for diverse
motorcoach operational types.
DATES: We must receive your comments
by November 27, 2006.
ADDRESSES: You may submit comments,
identified by Docket Number FMCSA–
2005–21324, by any of the following
methods:
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
50971
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
dms.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. Please submit three copies of
written comments.
• Hand Delivery: Submit three copies
of written comments to 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.
Instructions: Comments must refer to
Docket Number FMCSA–2005–21324.
All comments received will be posted
without change to https://dms.dot.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. For a summary of DOT’s
Privacy Act Statement or information on
how to obtain a complete copy of DOT’s
Privacy Act Statement please see the
‘‘Privacy Act’’ heading of the
SUPPLEMENTARY INFORMATION section.
Docket: For access to the docket to
read the application or comments
received, go to https://dms.dot.gov at any
time or to 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.
Mr.
Peter Chandler, Commercial Passenger
Carrier Safety Division (MC–ECP), 202–
366–5763; Federal Motor Carrier Safety
Administration, U.S. Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5 p.m.,
ET, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Public Participation
The DMS is available 24 hours each
day, 365 days each year. You can get
electronic submission and retrieval help
and guidelines under the ‘‘Help’’ section
of the DMS Web site. If you want us to
notify you of receiving your comments,
please include a self-addressed,
stamped envelope or postcard or print
the acknowledgement page displaying
after received of on-line comments.
E:\FR\FM\28AUN1.SGM
28AUN1
Agencies
[Federal Register Volume 71, Number 166 (Monday, August 28, 2006)]
[Notices]
[Pages 50970-50971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14178]
[[Page 50970]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-5748, FMCSA-99-6480, FMCSA-00-7006, FMCSA-01-
11426, FMCSA-02-11714, FMCSA-02-12294]
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
19 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 September 9, 2006. Comments must be
received on or before September 27, 2006.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Numbers FMCSA-99-5748, FMCSA-99-6480, FMCSA-00-
7006, FMCSA-01-11426, FMCSA-02-11714, FMCSA-02-12294, 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 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 19
individuals who have requested renewal of their exemptions in a timely
manner. FMCSA has evaluated these 19 applications for renewal on their
merits and decided to extend each exemption for a renewable two-year
period. They are:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Ronald M. Aure....................... Oskia D. Johnson............. Kenneth D. Sisk
Frank R. Berritto.................... Walter R. Morris............. Patrick D. Talley
Jack D. Clodfelter................... Richard W. O'Neill........... John C. Vantaggi
James W. Collins..................... Larry A. Priewe.............. Loren R. Walker
Daniel K. Davis, III................. Gary L. Reveal............... Timothy J. Wilson
Timothy J. Droeger................... Billy L. Riddle.............. ..........................................
Gary T. Hicks........................ Randolph L. Rosewicz......... ..........................................
----------------------------------------------------------------------------------------------------------------
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
[[Page 50971]]
31315, each of the 19 applicants has satisfied the entry conditions for
obtaining an exemption from the vision requirements (64 FR 40404; 64 FR
66962; 67 FR 17102; 69 FR 51346; 64 FR 68195; 65 FR 20251; 67 FR 38311;
65 FR 20245; 67 FR 46016; 67 FR 57267; 67 FR 10471; 67 FR 19798; 67 FR
15662; 67 FR 37907). Each of these 19 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 27, 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,
subsequently comments submitted by interested parties. As indicated
above, the Agency previously published Notices of final disposition
announcing its decision to exempt these 19 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The 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 in
response to the Notices announcing the applications. The 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 21, 2006.
Pamela M. Pelcovits,
Director, Office of Policy Plans and Regulation.
[FR Doc. E6-14178 Filed 8-25-06; 8:45 am]
BILLING CODE 4910-EX-P