Qualification of Drivers; Exemption Applications; Vision, 62148-62150 [E6-17679]

Download as PDF 62148 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices Robert B. Brewer, Jr. ......................................... Benny J. Burke .................................................. Gary R. Evans ................................................... Ronald A. Gentry ............................................... Harlan L. Gunter ................................................ Steven H. Heidorn ............................................. Danny E. Hillier ................................................ Gary L. Killian ................................................... John C. McLaughlin ......................................... Manuel H. Sanchez .......................................... Garry R. Setters. Jimmy E. Settle. Jesse M. Sikes. Kenneth E. Suter, Jr. Noel S. Wangerin. Hubert Whittenburg. 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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. 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. 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. mstockstill on PROD1PC76 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 16 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 30285; 63 FR 54519; 65 FR 66293; 67 FR 67234; 69 FR 62741; 64 FR 54948; 65 FR 159; 65 FR 20245; 65 FR 57230; 67 FR 57266; 65 FR 33406; 65 FR 57234; 67 FR 46016; 67 FR 57267; 69 FR 51346; 69 FR 33997; 69 FR 61292; 69 FR 53493; 69 FR 62742). Each of these 16 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 VerDate Aug<31>2005 15:50 Oct 20, 2006 Jkt 211001 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 November 22, 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 16 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Issued on October 17, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–17678 Filed 10–20–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–00–8398, FMCSA–04– 18885] 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. This decision is effective October 27, 2006. Comments must be received on or before November 22, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System (DMS) Docket Numbers FMCSA–00–8398, FMCSA–04–18885, 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, DATES: E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices 62149 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: Paul G. Albrecht ................................................ David W. Brown ................................................. David J. Caldwell ............................................... Walden V. Clarke .............................................. Donald O. Clopton ............................................. Awilda S. Colon ................................................. Richard B. Eckert .............................................. Charles B. Edwards ........................................... mstockstill on PROD1PC76 with NOTICES 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 Zane G. Harvey, Jr ........................................... Jimmy D. Johnson, II ....................................... Jeffrey M. Keyser ............................................. Donnie A. Kildow .............................................. Carl M. McIntire ................................................ Daniel A. McNabb ............................................ David G. Meyers .............................................. Thomas L. Oglesby. Michael J. Paul. Russell A. Payne. Rodney M. Pegg. Raymond E. Peterson. Zbigniew P. Pietranik. John C. Rodriguez. Charles E. Wood. 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. 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. VerDate Aug<31>2005 15:50 Oct 20, 2006 Jkt 211001 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 (65 FR 78256; 66 FR 16311; 69 FR 53493; 69 FR 62742). 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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 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: 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 November 22, 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 E:\FR\FM\23OCN1.SGM 23OCN1 62150 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices Issued on October 17, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–17679 Filed 10–20–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 552 (Sub–No. 10)] Railroad Revenue Adequacy—2005 Determination Surface Transportation Board. Notice of decision. AGENCY: mstockstill on PROD1PC76 with NOTICES ACTION: SUMMARY: On October 23, 2006, the Board served a decision announcing the 2005 revenue adequacy determinations for the Nation’s Class I railroads. The decision found one carrier, Norfolk Southern Railway Company, to be revenue adequate for the year 2005. DATES: Effective Date: This decision is effective October 23, 2006. FOR FURTHER INFORMATION CONTACT: Paul Aguiar, (202) 565–1527. (Federal Information Relay Service (FIRS) for the hearing impaired: 1 (800) 877–8339). SUPPLEMENTARY INFORMATION: The Board is required to make an annual determination of railroad revenue adequacy. A railroad will be considered to have been revenue adequate under 49 U.S.C. 10704(a) for the year 2005 if it achieved a rate of return on net VerDate Aug<31>2005 15:50 Oct 20, 2006 Jkt 211001 Regulatory Flexibility Analysis Pursuant to 5 U.S.C. 603(b), we conclude that our action in this proceeding will not have a significant economic impact on a substantial number of small entities. The purpose and effect of the action are merely to update the annual railroad industry revenue adequacy finding. No new reporting or other regulatory requirements are imposed, directly or indirectly, on small entities. and the Port of Tacoma’s Belt Line Lead, in Pierce County, WA. Because TMBL’s projected annual revenues will exceed $5 million, TMBL certified to the Board on July 24, 2006, that it had complied with the requirements of 49 CFR 1150.42(e) providing for notice to employees and their labor unions on the affected line. TMBL also certified that its projected revenues as a result of this transaction would not result in the creation of a Class II or Class I rail carrier. The transaction was scheduled to be consummated on or after the October 17, 2006 effective date of the exemption.1 If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34906, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of any pleading filed with the Board must be sent to TMBL’s representatives: Paula Henry, 2601 SR 509 North Frontage Rd., Tacoma, WA 98421, and William C. Fosbre, 3628 South 35th Street, Tacoma, WA 98409–3115. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided October 17, 2006. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commisioner Buttrey. Vernon A. Williams, Secretary. [FR Doc. E6–17684 Filed 10–20–06; 8:45 am] 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 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. Decided: October 16, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–17696 Filed 10–20–06; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P investment equal to at least the current cost of capital for the railroad industry for 2005. The 2005 cost of capital was determined to be 12.2% in Railroad Cost of Capital—2005, STB Ex Parte No. 558 (Sub–No. 9) (STB served Sept. 20, 2006). Applying this revenue adequacy standard to each Class I railroad, one carrier was found to be revenue adequate for 2005. The Board’s decision is posted on the Board’s Web site, http:// www.stb.dot.gov. In addition, copies of the decision may be purchased from ASAP Document Solutions by calling 202–306–4004 (assistance for the hearing impaired is available through FIRS at 1–800–877–8339), or by e-mail at asapdc@verizon.net. Environmental and Energy Considerations This action will not significantly affect either the quality of the human environment or the conservation of energy resources. DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34906] City of Tacoma, Department of Public Utilities, Belt Line Division—Operation Exemption-Union Pacific Railroad Company The City of Tacoma, Department of Public Utilities, Belt Line Division, d/b/ a Tacoma Rail, Tacoma Municipal Belt Line or TMBL (TMBL), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to operate, pursuant to a nonexclusive trackage rights agreement with Union Pacific Railroad Company, approximately 602 feet of rail line between the former Dempsey Mill Spur PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request October 16, 2006. The Department of Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed 1 By amendment filed on October 11, 2006, TMBL noted that the correct effective date for the exemption was October 17, 2006. E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 71, Number 204 (Monday, October 23, 2006)]
[Notices]
[Pages 62148-62150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17679]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-00-8398, FMCSA-04-18885]


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 October 27, 2006. Comments must be 
received on or before November 22, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Numbers FMCSA-00-8398, FMCSA-04-18885, 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,

[[Page 62149]]

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 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:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Paul G. Albrecht................  Zane G. Harvey, Jr  Michael J. Paul.
David W. Brown..................  Jimmy D. Johnson,   Russell A. Payne.
                                   II.
David J. Caldwell...............  Jeffrey M. Keyser.  Rodney M. Pegg.
Walden V. Clarke................  Donnie A. Kildow..  Raymond E.
                                                       Peterson.
Donald O. Clopton...............  Carl M. McIntire..  Zbigniew P.
                                                       Pietranik.
Awilda S. Colon.................  Daniel A. McNabb..  John C. Rodriguez.
Richard B. Eckert...............  David G. Meyers...  Charles E. Wood.
Charles B. Edwards..............  Thomas L. Oglesby.
------------------------------------------------------------------------

    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 23 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (65 FR 78256; 66 FR 16311; 69 FR 53493; 69 FR 62742). 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 November 22, 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

[[Page 62150]]

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 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 October 17, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
 [FR Doc. E6-17679 Filed 10-20-06; 8:45 am]
BILLING CODE 4910-EX-P