Qualification of Drivers; Exemption Applications; Vision, 66217-66218 [E6-19107]

Download as PDF Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices Washington, DC 20591 or Susan Lender (202–267–8029), Office of Rulemaking (ARM–1), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85 and 11.91. Issued in Washington, DC on November 3, 2006. Brenda D. Courtney, Acting Director, Office of Rulemaking. [FR Doc. 06–9183 Filed 11–9–06; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: City of Salem, Polk and Marion Counties, OR Federal Highway Administration, Oregon Department of Transportation, and City of Salem. ACTION: Notice of intent. cprice-sewell on PROD1PC66 with NOTICES AGENCY: SUMMARY: The Federal Highway Administration (FHWA) is issuing this notice of intent to advise the public that an Environmental Impact Statement (EIS) will be prepared for solutions to improve mobility across the Willamette River in the City of Salem and Marion and Polk Counties, Oregon. DATES: Public and Agency scoping meetings will be held in Salem, Oregon during November 2006. FOR FURTHER INFORMATION CONTACT: Edward J. DeCleva, Environmental Protection Specialist, Federal Highway Administration, The Equitable Building, Suite 100, 530 Center Street NE., Salem, OR 97301, (503) 587–4710. SUPPLEMENTARY INFORMATION: The FHWA in cooperation with the Oregon Department of Transportation (ODOT) and the City of Salem will prepare an EIS for solutions to improve mobility across the Willamette River in Salem, Oregon. The existing Marion and Center Street bridges in Salem (Oregon Highway 22) are the only vehicular crossings of the Willamette River within the Salem-Keizer urban area. Increasing traffic volumes and continued population growth are causing congestion levels on the bridges and the connecting infrastructure to exceed Oregon Highway Plan mobility standards. Without mobility improvements, congestion is forecast to worsen in the future. Additional information on the Salem River Crossing project can be found on the project Web site at http:// www.salemrivercrossing.org. VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 A reasonable range of alternatives will be considered in the EIS, including alternatives identified in the 2002 Willamette River Crossing Study General Corridor Evaluation that are still valid and meet the project purpose and need. A No Build alternative also will be studied. The lead agencies will evaluate significant transportation, environmental, social, and economic impacts of the alternatives. Potential areas of impact include: support of State, regional, and local land use and transportation plans and policies, neighborhoods, land use and economics, cultural resources, environmental justice, and natural resources. All impacts will be evaluated for both the construction period and the long-term period of operation. As relevant, measures to avoid, minimize and mitigate any significant impacts, will be developed. A series of public and agency meetings will be held in Salem, Oregon throughout the EIS study process. In addition, a public hearing will be held. Public notice will be given of the time and place of the meetings and hearing. The draft EIS will be made available for public and agency review and comment prior to the public hearing. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposal will be accepted at the public meetings or can be sent to the FHWA at the address provided above or via the project Web site at http:// www.salemrivercrossing.org. (Authority: 23 U.S.C. 315; 49 CFR 1.48) Dated: November 3, 2006. Ed DeCleva, Environmental Protection Specialist, Oregon Division. [FR Doc. 06–9159 Filed 11–9–06; 8:45 am] BILLING CODE 4910–22–M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–98–3637, FMCSA–99– 5748, FMCSA–00–7006, FMCSA–00–7165, FMCSA–00–7363] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 66217 SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 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 December 8, 2006. Comments must be received on or before December 13, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System (DMS) Docket Numbers FMCSA–98–3637, FMCSA–99–5748, FMCSA–00–7006, FMCSA–00–7165, FMCSA–00–7363, 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 acknowledgment E:\FR\FM\13NON1.SGM 13NON1 66218 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices 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 cprice-sewell on PROD1PC66 with NOTICES 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 17 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 17 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Henry W. Adams Delbert R. Bays Robert F. Berry Robert W. Brown Eugene A. Gitzen Nelson V. Jaramillo Larry D. Johnson Bruce T. Loughary Demetrio Lozano Wayne R. Mantela Kenneth D. May Gordon L. Nathan Bernice R. Parnell Frances C. Ruble Patrick W. Shea Roy F. Varnado, Jr. Rick A. Young These exemptions are extended subject to the following conditions: (1) That each individual have a physical VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 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 17 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 30285; 63 FR 54519; 65 FR 77069; 67 FR 71610; 69 FR 64810; 64 FR 40404; 64 FR 66962; 67 FR 10475; 65 FR 20245; 65 FR 57230; 65 FR 33406; 65 FR 57234; 65 FR 57266; 65 FR 45817; 65 FR 77066). Each of these 17 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. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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 December 13, 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 17 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: November 3, 2006. Larry W. Minor, Office Director, Bus and Truck Standards and Operations. [FR Doc. E6–19107 Filed 11–9–06; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66217-66218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19107]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-98-3637, FMCSA-99-5748, FMCSA-00-7006, FMCSA-00-7165, 
FMCSA-00-7363]


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 
17 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 December 8, 2006. Comments must be 
received on or before December 13, 2006.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Numbers FMCSA-98-3637, FMCSA-99-5748, FMCSA-00-
7006, FMCSA-00-7165, FMCSA-00-7363, 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 acknowledgment

[[Page 66218]]

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 17 
individuals who have requested renewal of their exemptions in a timely 
manner. FMCSA has evaluated these 17 applications for renewal on their 
merits and decided to extend each exemption for a renewable two-year 
period. They are:

?>Henry W. Adams
Delbert R. Bays
Robert F. Berry
Robert W. Brown
Eugene A. Gitzen
Nelson V. Jaramillo
Larry D. Johnson
Bruce T. Loughary
Demetrio Lozano
Wayne R. Mantela
Kenneth D. May
Gordon L. Nathan
Bernice R. Parnell
Frances C. Ruble
Patrick W. Shea
Roy F. Varnado, Jr.
Rick A. Young

    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 17 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 30285; 63 FR 54519; 65 FR 77069; 67 FR 71610; 69 FR 
64810; 64 FR 40404; 64 FR 66962; 67 FR 10475; 65 FR 20245; 65 FR 57230; 
65 FR 33406; 65 FR 57234; 65 FR 57266; 65 FR 45817; 65 FR 77066). Each 
of these 17 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 December 13, 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 17 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: November 3, 2006.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
[FR Doc. E6-19107 Filed 11-9-06; 8:45 am]
BILLING CODE 4910-EX-P