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Code · REGISTER · 2006-06-02 · Federal Highway Administration (FHWA), DOT · Notices

Notices. Notice and request for comments

16,553 words·~75 min read·/register/2006/06/02/06-5040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration [ Docket No. FHWA-2006-24901] Agency Information Collection Activities: Request for Comments for a New Information Collection AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. SUMMARY: The FHWA invites public comments about our intention to request the Office of Management and Budget's
(OMB)approval for a new information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the **Federal Register** by the Paperwork Reduction Act of 1995. DATES: Please submit comments by August 1, 2006. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FHWA-2006-24901 by any of the following methods: • Web site: *http://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. • 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. *Docket:* For access to the docket to read background documents or comments received, go to *http:// dms.dot.gov* at any time or to Room 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. FOR FURTHER INFORMATION CONTACT: Bethaney Bacher, 202-366-4196, or Matthew Leffler Schulman, 202-366-1929, Office of Natural & Human Environment, Federal Highway Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: *Title:* Evaluate the Effects of National Scenic Byways Program Grants. *Background:* Title 23, Section 162 of the United States Code describes the creation of the National Scenic Byways Program. This legislation was most recently amended in 2005 upon passage of the P.L. 109-59 Safe, Accountable, Flexible, and Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU). The legislation also includes provisions for review and dissemination of grant monies by the U.S. Secretary of Transportation. Grant applications are solicited on an annual basis. Eligible projects are on State designated byways, National Scenic Byways and All-American Roads, or Indian tribe scenic byways. Applications are completed by Federal, State, or local governmental agencies; Tribal governments; and non-profit organizations. The application information is collected electronically via the online Grant system and used to determine project eligibility. We are seeking approval from OMB for the forms used to collect the application information and used on *http://www.grants.gov.* Additional information on the National Scenic Byways Program and its grant program is available at *http://www.bywaysonline.org.* *Respondents:* 50 State Departments of Transportation, the District of Columbia and Puerto Rico (Right-of-Way Department), Federal Land Management Agencies, State and local governments, non-profit agencies and Tribal Governments. It is estimated that 400 applications will be received. *Frequency:* Annual. *Estimated Average Burden per Response:* 20 hours. *Estimated Total Annual Burden Hours:* 8000 hours. *Public Comments Invited:* You are asked to comment on any aspect of this information collection, including:
(1)Whether the proposed collection is necessary for the FHWA's performance;
(2)the accuracy of the estimated burdens;
(3)ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and
(4)ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. James R. Kabel, Chief, Management, Programs and Analysis Division. [FR Doc. E6-8589 Filed 6-1-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-24210] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes standard; request for comments. SUMMARY: FMCSA announces receipt of applications from forty-seven individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus
(ITDM)operating commercial motor vehicles
(CMVs)in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 3, 2006. ADDRESSES: You may submit comments identified by Department of Transportation
(DOT)Docket Management System
(DMS)Docket Number FMCSA-2006-24210 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 on-line instructions for submitting comments. All submissions must include the Agency name and docket number 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 below. *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 acknowledgment 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 DOT's complete Privacy Act Statement in the **Federal Register** Notice 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: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The forty-seven individuals listed in this Notice have recently requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by the statute. Qualifications of Applicants Charles A. Adams Jr. Mr. Adams, age 36, has had ITDM since 2005. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Adams meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class 2 operator's license from Connecticut which qualifies him to drive any motor vehicle, including a recreational vehicle of any weight, except a commercial motor vehicle, an articulated vehicle, or combination of motor vehicle and trailer where the gross weight of the trailing unit or trailer is more than 10,000 miles. Scott R. Anderson Mr. Anderson, 53, has had ITDM since 2005. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Anderson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL)from Wisconsin. Richard Bechtel Mr. Bechtel, 56, has had ITDM since 2005. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bechtel meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Arizona. Robert R. Chase Mr. Chase, 69, has had ITDM since 1998. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Chase meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he has stable nonproliferative stable diabetic retinopathy. He holds a Class A CDL from Nebraska. Dale J. Cleaver Mr. Cleaver, 37, has had ITDM since 2000. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cleaver meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Pennsylvania. Jeffrey W. Cotner Mr. Cotner, 43, has had ITDM since 1995. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cotner was granted an exemption by FMCSA from the vision standard at 49 CFR 391.41(b)(10) on May 31, 2005. His ophthalmologist examined him in 2005 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Oregon. Todd A. Dean Mr. Dean, 43, has had ITDM since 2003. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dean meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from West Virginia. Dale R. Gansz Mr. Gansz, 44, has had ITDM since 1994. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gansz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. Neal J. Gifford Mr. Gifford, 41, has had ITDM since 2001. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gifford meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Donald W. Havourd, Sr. Mr. Havourd, 61, has had ITDM since 1998. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Havourd meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Connecticut. Peter D. Jacobs Mr. Jacobs, 48, has had ITDM since 1989. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jacobs meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class D operator's license from Wisconsin. David A. Kelley Mr. Kelley, 52, has had ITDM since 2004. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kelly meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Nebraska. Jeffrey M. King Mr. King, 33, has had ITDM since 2004. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. King meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class C operator's license from Oregon. Milton A. Klise Mr. Klise, 48, has had ITDM since 2002. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Klise meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Ohio. Jeffrey Knight Mr. Knight, 42, has had ITDM since 1973. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Knight meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that “Since his laser treatment, his proliferative diabetic retinopathy is in complete involution and he has no further signs of diabetic retinopathy.” He holds an operator's license from Washington. Edward V. Kruse Mr. Kruse, 58, has had ITDM since 1986. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kruse meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Iowa. Lee P. Lembke Mr. Lembke, 48, has had ITDM since 1992. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lembke meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Wisconsin. Dominick T. Mastroni Mr. Mastroni, 45, has had ITDM since 2004. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mastroni meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that his non-proliferative diabetic retinopathy is stable. He holds a Class A CDL from Kansas. Ronald S. Mavilla Mr. Mavilla, 62, has had ITDM since 1999. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mavilla meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Derril W. Nunnally Mr. Nunnally, 36, has had ITDM since 2003. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Nunnally meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class C operator's license from Georgia. Ronald D. Olson Mr. Olson, 42, has had ITDM since 1993. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Olson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Wisconsin. Robert L. Olson Mr. Olson, 74, has had ITDM since 1988. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Olson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class D operator's license from Wisconsin. Terence V. Parker Mr. Parker, 44, has had ITDM since 2005. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Parker meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Robert L. Pflugler, Jr. Mr. Pflugler, 39, has had ITDM since 1997. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pflugler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Pennsylvania. William E. Pruett, Jr. Mr. Pruett, 36, has had ITDM since January 30, 2006. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pruett meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Ronald B. Purdum Mr. Purdum, 31, has had ITDM since 1998. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Purdum meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. Wilbert C. Rasely Jr. Mr. Rasely, 53, has had ITDM since 1995. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rasely meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Maurice E. Ratliff, Sr. Mr. Ratliff, 55, has had ITDM since 1995. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ratliff meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from California. Ron R. Rawson Mr. Rawson, 50, has had ITDM since 1985. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rawson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Arizona. Duane C. Rieger Mr. Rieger, 57, has had ITDM since 2002. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rieger meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Dakota. Gregory A. Rigg Mr. Rigg, 47, has had ITDM since 1999. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rigg meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Michigan. Scott L. Shreffler Mr. Shreffler, 42, has had ITDM since 2001. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shreffler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Illinois. Henry E. Sisler Mr. Sisler, 63, has had ITDM since 2004. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sisler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Virginia. Vernon L. Small Mr. Small, 58, has had ITDM since 2004. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Small meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Colorado. Sandra L. Smith Ms. Smith, 51, has had ITDM since 2001. Her endocrinologist examined her in 2006 and certified that she has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Smith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2006 and certified that she does not have diabetic retinopathy. She holds a Class D operator's license from South Carolina. John J. Steigauf Mr. Steigauf, 46, has had ITDM since 2004. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Steigauf meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Minnesota. Walter D. Stowman Mr. Stowman, 48, has had ITDM since 1984. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Stowman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class D auto driver's license from New Jersey. Thomas C. Torbett Mr. Torbett, 32, has had ITDM since 1975. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Torbett meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a class E operator's license from Missouri. Derrick Underhill, Sr. Mr. Underhill, 46, has had ITDM since 2003. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Underhill meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class D operator's license from Connecticut. Paul M. Violette Mr. Violette, 38, has had ITDM since 1999. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Violette meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class 2 operator's license from Connecticut which qualifies him to drive any motor vehicle, including a recreational vehicle of any weight, except a commercial motor vehicle, an articulated vehicle, or combination of motor vehicle and trailer where the gross weight of the trailing unit or trailer is more than 10,000 pounds. Antonino S. Vita Mr. Vita, 40, has had ITDM since 2004. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vita meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Henry B. Walker-Waltz, III Mr. Walker-Waltz, 24, has had ITDM since 1995. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Walker-Waltz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class C operator's license from Oregon. Arthur C. Webber Mr. Webber, 52, has had ITDM since 2005. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Webber meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Scott A. Wertz Mr. Wertz, 39, has had ITDM since 1976. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wertz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he has stable proliferative diabetic retinopathy. He holds a Class A CDL from North Dakota. Larry D. Williams Mr. Williams, 63, has had ITDM since 2004. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williams meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Danny R. Wood Mr. Wood, 39, has had ITDM since 2005. His endocrinologist examined him in 2005 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wood meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Missouri. Jeffrey E. Zaniewski Mr. Zaniewski, 50, has had ITDM since 1999. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Zaniewski meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class C operator's license from Nevada. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this Notice. We will consider all comments received before the close of business on the closing date indicated earlier in the Notice. FMCSA notes that Section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441). 1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). 1 Section 4129(a) refers to the 2003 Notice as a “final rule.” However, the 2003 Notice did not issue a “final rule,” but did establish the procedures and standards for issuing exemptions for drivers with ITDM. Section 4129 requires:
(1)The elimination of the requirement for three years of experience operating CMVs while being treated with insulin; and
(2)the establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 Notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 Notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 Notice, except as modified in the Notice in the **Federal Register** on November 8, 2005 (70 FR 67777), remain in effect. Dated: May 26, 2006. Pamela M. Pelcovits, Acting Associate Administrator, Policy and Program Development. [FR Doc. E6-8587 Filed 6-1-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-24783] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. SUMMARY: FMCSA announces receipt of applications from 47 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles
(CMVs)in interstate commerce without meeting the Federal vision standard. DATES: Comments must be received on or before July 3, 2006. ADDRESSES: You may submit comments identified by Department of Transportation
(DOT)Docket Management System
(DMS)Docket Number FMCSA-2006-24783 using any of the following methods: • *Web site: http://dmses.dot.gov/submit.* 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 number 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 acknowledgment 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 DOT'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: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-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.” FMCSA can renew exemptions at the end of each 2-year period. The 47 individuals listed in this Notice each have requested an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. Qualifications of Applicants Jawad K. Al-Shaibani Mr. Al-Shaibani, age 43, has a prosthetic right eye due to a traumatic injury sustained in 1989 that caused a retinal detachment. The best corrected visual acuity in his left eye 20/20. Following an examination in 2006, his optometrist noted, “He has sufficient vision for driving commercial vehicles.” Mr. Al-Shaibani reported that he has driven straight trucks for 7 years, accumulating 280,000 miles, and tractor-trailer combinations for 2 years, accumulating 100,000 miles. He holds a Class A Commercial Driver's License
(CDL)from Washington. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Kenneth J. Bernard Mr. Bernard, 54, has had amblyopia in his right eye since birth. The visual acuity in his right eye is count-finger-vision and in the left, 20/20. Following an examination in 2006, his ophthalmologist noted, “With these results, I have found Mr. Bernard's vision sufficient enough to perform driving tasks required to operate a commercial vehicle.” Mr. Bernard reported that he has driven straight trucks for 34 years, accumulating 889,440 miles. He holds a Class D Chauffeur's license from Louisiana. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Allen G. Bors Mr. Bors, 65, has a prosthetic right eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his left eye is 20/15. Following an examination in 2006, his ophthalmologist noted, “In my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Bors reported that he has driven straight trucks for 44 years, accumulating 499,972 miles, and tractor-trailer combinations for 26 years, accumulating 99,996 miles. He holds a Class A CDL from Nebraska. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Douglas L. Brazil Mr. Brazil, 56, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/15. Following an examination in 2005, his optometrist noted, “Douglas Brazil has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Brazil reported that he has driven straight trucks for 9 years, accumulating 70,200 miles, tractor-trailer combinations for 19 years, accumulating 1.8 million miles, and buses for 5 years, accumulating 130,000 miles. He holds a Class C CDL from Georgia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. John E. Breslin Mr. Breslin, 39, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2006, his optometrist noted, “I feel that John presents adequate vision for operating a commercial vehicle safely.” Mr. Breslin reported that he has driven straight trucks for 20 years, accumulating 300,000 miles, and tractor-trailer combinations for 20 years, accumulating 1.1 million miles. He holds a Class A CDL from Nevada. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Marcus S. Burkholder Mr. Burkholder, 71, has a cataract in his left eye due to a traumatic injury sustained in 1950. The best corrected visual acuity in his right eye is 20/20 and in the left, light perception. Following an examination in 2005, his optometrist noted, “Despite having no usable vision in his left eye, Mr. Burkholder has normal correctable vision in his right eye and in my opinion with glasses should be able to perform the driving tasks required to operate a commercial vehicle.” Mr. Burkholder reported that he has driven straight trucks for 3 years, accumulating 450 miles, and buses for 13 years, accumulating 65,000 miles. He holds a Class B CDL from Michigan. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Raymond L. Brush Mr. Brush, 52, has complete loss of vision in his right eye due to a traumatic injury sustained in 1978 that caused optic neuropathy. The best corrected visual acuity in his left eye is 20/25. Following an examination in 2005, his ophthalmologist noted, “In my opinion, this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Brush reported that he has driven straight trucks for 7 years, accumulating 126,000 miles. He holds a Class D operator's license from Ohio. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Scott F. Chalfant Mr. Chalfant, 38, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2005, his optometrist noted, “It is my opinion that Mr. Chalfant has adequate vision for operating a commercial vehicle given the findings of my examination.” Mr. Chalfant reported that he has driven straight trucks for 15 years, accumulating 140,000 miles. He holds a Class A CDL from Delaware. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Leroy A. Chambers Mr. Chambers, 50, has a prosthetic left eye due to anophthalmia since 2002. The visual acuity in his right eye is 20/20. Following an examination in 2005, his ophthalmologist noted, “He has very good experience as a commercial driver, and I believe he can safely continue in his job with his current visual status”. Mr. Chambers reported that he has driven tractor-trailer combinations for 26 years, accumulating 1.6 million miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, failure to obey a traffic sign. Harvis P. Cosby Mr. Cosby, 55, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/100 and in the left, 20/15. Following an examination in 2005, his ophthalmologist noted, “It is my professional opinion that this patient should have sufficient vision and visual field to perform the tasks of operating a commercial vehicle.” Mr. Cosby reported that he has driven straight trucks for 12 years, accumulating 408,000 miles, tractor-trailer combinations for 20 years, accumulating 1.3 million miles, and buses for 5 years, accumulating 120,000 miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Joseph H. Fowler Mr. Fowler, 70, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/400 and in the left, 20/25. Following an examination in 2005, his ophthalmologist noted, “In my medical opinion, he has sufficient vision to perform driving tasks while operating a commercial vehicle.” Mr. Fowler reported that he has driven straight trucks for 40 years, accumulating 200,000 miles, and tractor-trailer combinations for 40 years, accumulating 2.8 million miles. He holds a Class A CDL from Colorado. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Francisco Espinal Mr. Espinal, 42, has complete loss of vision in his right eye due to a traumatic injury sustained in 1984. The best corrected visual acuity in his left eye is 20/15. Following an examination in 2005, his optometrist noted, “Mr. Espinal has excellent vision in his left eye. I feel that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Espinal reported that he has driven straight trucks for 14 years, accumulating 266,000 miles, and tractor-trailer combinations for 7 years, accumulating 21,000 miles. He holds a Chauffeur's license from Indiana. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Brian G. Hagen Mr. Hagen, 34, has loss of vision in his left eye due to a traumatic injury he sustained in 1990. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/400. Following an examination in 2006, his optometrist noted, “In my medical opinion, Brian Hagen has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Hagen reported that he has driven straight trucks for 4 years, accumulating 46,800 miles. He holds a Class C operator's license from Illinois. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, failure to obey a traffic sign. Edward J. Hess, Jr. Mr. Hess, 56, has retinal detachment in his left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/20 and in the left, hand-movement-vision at four feet. Following an examination in 2005, his ophthalmologist noted, “It is my medical opinion that Mr. Hess has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Hess reported that he has driven straight trucks for 3 years, accumulating 45,000 miles. He holds an operator's license from New Hampshire. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Ralph E. Holmes Mr. Holmes, 57, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/400 and in the left, 20/20. Following an examination in 2005, his optometrist noted, “Ralph Holmes has sufficient vision to drive a commercial vehicle.” Mr. Holmes reported that he has driven straight trucks for 35 years, accumulating 595,000 miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes and one conviction for driving a CMV in violation of license restriction. Timothy B. Hummel Mr. Hummel, 49, has complete loss of vision in his right eye due to a traumatic injury he sustained in 2000. The visual acuity in his left eye is 20/25. Following an examination in 2005, his ophthalmologist noted, “I certify that in my medical opinion, he has sufficient vision to perform the driving task required to operate a commercial vehicle.” Mr. Hummel reported that he has driven tractor-trailer combinations for 8 years, accumulating 800,000 miles. He holds a Class A CDL from Kentucky. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Larry L. Jarvis Mr. Jarvis, 65, has complete loss of vision in his right eye due to a traumatic injury he sustained as a child. The best corrected visual acuity in his left eye is 20/25. Following an examination in 2006, his optometrist noted, “Based on years of adaptation, Mr. Jarvis is visually qualified to continue in his profession as a commercial driver.” Mr. Jarvis reported that he has driven straight trucks for 3 years, accumulating 135,000 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Charles E. Johnston Mr. Johnston, 46, has a macular scar in his right eye due to a toxoplasmosis infection sustained as a child. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2006, his ophthalmologist noted, “The vision loss in the right eye is long-standing and was present when the patient began to drive. Thus I feel he is capable of driving commercial vehicles as he had in the past.” Mr. Johnston reported that he has driven straight trucks for 7 1/2 years, accumulating 138,750 miles, and tractor-trailer combinations for 7 1/2 years, accumulating 11,250 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Volga Kirkwood Mr. Kirkwood, 46, had his left eye enucleated due to a traumatic injury he sustained as a child. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2006, his optometrist noted, “I have confidence that vision is not impaired in his right eye and his monocular field of vision is adequate to operate a commercial vehicle.” Mr. Kirkwood reported that he has driven straight trucks for 23 years, accumulating 1.3 million miles. He holds a Class B CDL from Missouri. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Richard M. Kriege Mr. Kriege, 69, has corneal scaring and retinal detachment in his right eye due to an injury he sustained in 1985. The best corrected visual acuity in his right eye is 20/70 and in the left, 20/15. Following an examination in 2005, his optometrist noted, “In my medical opinion, and that of Dr. Mathews, he has sufficient binocular vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Kriege reported that he has driven tractor-trailer combinations for 40 years, accumulating 3.2 million miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. David C. Leoffler Mr. Leoffler, 42, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/15 and in the left, 20/400. Following an examination in 2006, his ophthalmologist noted, “In my medical opinion, my patient, David Leoffler has sufficient vision to perform the driving task required to operate a commercial vehicle.” Mr. Leoffler reported that he has driven straight trucks for 8 years, accumulating 160,000 miles, and tractor-trailer combinations for 8 years, accumulating 680,000 miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. John C. Lewis Mr. Lewis, 36, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/25 and in the left, 20/200. Following an examination in 2005, his optometrist noted, “It is my opinion that Mr. John Lewis has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Lewis reported that he has driven straight trucks for 6 years, accumulating 495,000 miles and tractor-trailer combinations for 4 1/2 years, accumulating 600,000 miles. He holds a Class D operator's license from South Carolina. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Patrick E. Martin Mr. Martin, 53, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/20. Following an examination in 2006, his optometrist noted, “Mr. Martin has sufficient vision to perform the driving tasks of a commercial vehicle.” Mr. Martin reported that he has driven straight trucks for 37 years, accumulating 1 million miles, and tractor-trailer combinations for 19 years, accumulating 1.6 million miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Leland K. McAlhaney Mr. McAlhaney, 57, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/70 and in the left, 20/30. His optometrist examined him in 2006 and noted, “It is my professional opinion that Mr. McAlhaney has the vision and visual performance to safely operate a commercial vehicle on public roads.” Mr. McAlhaney reported that he has driven straight trucks for 30 years, accumulating 600,000 miles, and tractor-trailer combinations for 20 years, accumulating 490,000 miles. He holds a Class A CDL from Indiana. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. William C. Mohr Mr. Mohr, 51, has had amblyopia in his right eye due to an injury sustained as a child. The best corrected visual acuity in his right eye is light perception and in the left, 20/20. Following an examination in 2006, his optometrist noted, “In my opinion, Mr. Mohr has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Mohr reported that he has driven straight trucks for 25 years, accumulating 794,200 miles, and buses for 1 year, accumulating 25,000 miles. He holds a Class B CDL from Delaware. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Roger Moody Mr. Moody, 54, has a corneal scar in his right eye due to a traumatic injury sustained more than 20 years ago. The best corrected visual acuity in his right eye is 20/50 and in the left, 20/20. Following an examination in 2006, his ophthalmologist noted, “This condition is stable, and in my opinion, he has sufficient visual acuity and peripheral acuity to perform the driving tasks required to operate a commercial vehicle.” Mr. Moody reported that he has driven straight trucks for 20 years, accumulating 420,000 miles, tractor-trailer combinations for 7 years, accumulating 112,000 miles, and buses for 14 years, accumulating 2,800 miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Larry A. Nienhuis Mr. Nienhuis, 58, has had aphakia in his left eye since 1985. The best corrected visual acuity in his right eye is 20/20 and in the left, count-finger-vision at one foot. Following an examination in 2006, his ophthalmologist noted, “In my medical opinion, Mr. Nienhuis does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Nienhuis reported that he has driven straight trucks for 19 years, accumulating 140,600 miles and tractor-trailer combinations for 11 years, accumulating 704,000 miles. He holds a Class A CDL from Michigan. His driving record for the last 3 years shows no crashes and one conviction for a moving violation, speeding in a CMV. He exceeded the speed limit by 15 mph. Corey L. Paraf Mr. Paraf, 43, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/100 and in the left, 20/20. Following an examination in 2006, his ophthalmologist noted, “In my expert medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Paraf reported that he has driven straight trucks for 9 years, accumulating 72,000 miles. He holds a Class C operator's license from Illinois. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. John J. Pribanic Mr. Pribanic, 48, has a prosthetic left eye due to a traumatic injury sustained as a child. The visual acuity in his right eye is 20/20. Following an examination in 2005, his optometrist noted, “Mr. Pribanic in my professional opinion has sufficient vision to safely operate a commercial vehicle.” Mr. Pribanic reported that he has driven straight trucks for 1 year, accumulating 50,000 miles, and tractor-trailer combinations for 12 years, accumulating 900,000 miles. He holds a Class A CDL from Alabama. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Ronald M. Price Mr. Price, 63, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/200 and in the left, 20/30. Following an examination in 2005, his ophthalmologist noted, “In my opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Price reported that he has driven straight trucks for 45 years, accumulating 405,000 miles, and tractor-trailer combinations for 45 years, accumulating 810,000 miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. John P. Raftis Mr. Raftis, 53, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/60 and in the left, 20/20. Following an examination in 2005, his optometrist noted, “It is my opinion that Mr. Raftis has more than adequate vision to perform required driving tasks.” Mr. Raftis reported that he has driven straight trucks for 14 years, accumulating 400,400 miles, and tractor-trailer combinations for 13 years, accumulating 832,000 miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Matthew B. Richardson Mr. Richardson, 37, has complete loss of vision in his right eye due to a traumatic injury sustained as a child. The visual acuity in his left eye is 20/20. Following an examination in 2006, his optometrist noted, “It is therefore, my opinion that this patient has sufficient vision to operate a commercial motor vehicle.” Mr. Richardson reported that he has driven straight trucks for 18 years, accumulating 180,000 miles, tractor-trailer combinations for 4 years, accumulating 340,000 miles, and buses for 2 years, accumulating 20,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Bruce G. Robinson Mr. Robinson, 37, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/400 and in the left, 20/20. Following an examination in 2005, his optometrist noted, “I feel Mr. Robinson has sufficient vision to drive a commercial vehicle as he has been doing so for many years now.” Mr. Robinson reported that he has driven straight trucks for 16 years, accumulating 104,320 miles, and tractor-trailer combinations for 13 years, accumulating 260,000 miles. He holds a Class A CDL from Kentucky. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Alton M. Rutherford Mr. Rutherford, 50, has aphakia in his right eye due to a traumatic injury he sustained in 1988. The visual acuity in his right eye is 20/100 and in the left, 20/20. Following an examination in 2006, his ophthalmologist noted, “In my medical opinion as a board certified ophthalmologist, Mr. Rutherford has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Rutherford reported that he has driven straight trucks for 10 years, accumulating 120,000 miles, and tractor-trailer combinations for 3 years, accumulating 108,000 miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Wayne N. Savoy Mr. Savoy, 53, has complete loss of vision in his right eye due to a traumatic injury he sustained as a child. The visual acuity in his left eye is 20/20. Following an examination in 2005, his ophthalmologist noted, “His central and peripheral visions are certainly sufficient to perform the driving task required to operate a commercial vehicle.” Mr. Savoy reported that he has driven straight trucks for 26 years, accumulating 936,000 miles. He holds a Class D operator's license from Oklahoma. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Richard A. Schneider Mr. Schneider, 56, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in the left, 20/100. Following an examination in 2006, his ophthalmologist noted, “Given his 20/20 vision, I do believe he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Schneider reported that he has driven straight trucks for 23 years, accumulating 149,500 miles, tractor-trailer combinations for 5 years, accumulating 25,000 miles, and buses for 81/2 years, accumulating 161,500 miles. He holds a Class B CDL from Minnesota. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Joseph B. Shaw, Jr. Mr. Shaw, 34, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/100 and in the left, 20/20. Following an examination in 2006, his optometrist noted, “In my opinion, Joseph Bernard Shaw, Jr. has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Shaw reported that he has driven tractor-trailer combinations for 3 years, accumulating 600,000 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. David. W. Skillman Mr. Skillman, 45, has retinal scarring due to toxoplasmosis in his right eye sustained more than 20 years ago. The best corrected visual acuity in his right eye is 20/400 and in the left, 20/20. Following an examination in 2006, his optometrist noted, “He has been driving commercially for many years, and he has sufficient vision to continue as a commercial driver.” Mr. Skillman reported that he has driven tractor-trailer combinations for 20 years, accumulating 1.3 million miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes and one conviction for moving violations in a CMV, failure to keep in proper lane. Thomas G. Smith Mr. Smith, 45, has a prosthetic right eye due to a retinal detachment in 1978. The best corrected visual acuity in his left eye is 20/30. Following an examination in 2005, his optometrist noted, “Has sufficient vision to perform the driving tasks required to operate commercial vehicle.” Mr. Smith reported that he has driven straight trucks for 8 years, accumulating 180,000 miles, and tractor-trailer combinations for 11 years, accumulating 286,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Sandra J. Sperling Ms. Sperling, 61, has had amblyopia in her left eye since childhood. The best corrected visual acuity in her right eye is 20/25 and in the left, 20/200. Following an examination in 2005, her ophthalmologist noted, “It is my medical opinion that Ms. Sperling, 60-years-old, has adapted well to her amblyopia and has sufficient vision to perform driving tasks that she has been performing for numerous years in a commercial vehicle.” Ms. Sperling reported that she has driven buses for 35 years, accumulating 630,000 miles. She holds a Class B CDL from Washington. Her driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Kenneth C. Steele Mr. Steele, 54, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2005, his optometrist noted, “In my opinion, Mr. Steele has sufficient vision to perform driving tasks required to operate a commercial vehicle.” Mr. Steele reported that he has driven straight trucks for 2 years, accumulating 100,000 miles, and tractor-trailer combinations for 10 years, accumulating 1 million miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows one crash and no convictions for moving violations in a CMV. Ryan K. Steelman Mr. Steelman, 39, has had amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/80 and in the left, 20/20. Following an examination in 2006, his optometrist noted, “It is my opinion that Ryan's vision is sufficient to perform commercial driving tasks.” Mr. Steelman reported that he has driven straight trucks for 15 years, accumulating 300,000 miles, and tractor-trailer combinations for 12 years, accumulating 480,000 miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Paul D. Totty Mr. Totty, 37, has had a macular hole in his left eye due to vitreous traction since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2006, his optometrist noted, “Patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Totty reported that he has driven straight trucks for 10 years, accumulating 120,000 miles. He holds a Class D operator's license from Arkansas. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Charles V. Tracey Mr. Tracey, 63, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/100. Following an examination in 2005, his optometrist noted, “In my opinion, Mr. Tracey has sufficient vision to perform driving tasks required to operate a commercial vehicle.” Mr. Tracey reported that he has driven straight trucks for 45 years, accumulating 786,915 miles. He holds a Class B CDL from Maryland. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Duane L. Tysseling Mr. Tysseling, 56, has had keratoconus in his right eye since 1985. The best corrected visual acuity in his right eye is 20/50 and in the left, 20/20. Following an examination in 2005, his optometrist noted, “It is my opinion that Duane does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Tysseling reported that he has driven straight trucks for 11/2 years, accumulating 45,000 miles, and tractor-trailer combinations for 21 years, accumulating 525,000 miles. He holds a Class A CDL from Iowa. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Richard A. Westfall Mr. Westfall, 48, has coloboma of the right eye since birth. The best corrected visual acuity in his right eye is count-finger-vision at one foot and in the left, 20/20. Following an examination in 2005, his optometrist noted, “In my opinion, judging from his examination and these tests, along with his longstanding excellent driving record, he has sufficient vision to operate a commercial vehicle.” Mr. Westfall reported that he has driven straight trucks for 6 years, accumulating 420,000 miles and tractor-trailer combinations for 20 years, accumulating 2 million miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Leonard R. Wilson Mr. Wilson, 59, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/200. Following an examination in 2005, his optometrist noted, “In my opinion, Mr. Wilson has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Wilson reported that he has driven straight trucks for 35 years, accumulating 175,000 miles. He holds a Class B CDL from New Hampshire. His driving record for the last 3 years shows no crashes or convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this Notice. The Agency will consider all comments received before the close of business July 3, 2006. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this Notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: May 26, 2006. Pamela M. Pelcovits, Acting Associate Administrator, Policy and Program Development. [FR Doc. E6-8588 Filed 6-1-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2003-16612; Notice 3] Decision That Nonconforming 2002 Ferrari Spider and Coupe Passenger Cars Manufactured From September 1, 2002 Through December 31, 2002 Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of decision by the National Highway Traffic Safety Administration that nonconforming 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 are eligible for importation. SUMMARY: This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 2002 Ferrari Spider and Coupe passenger car manufactured from September 1, 2002 through December 31, 2002), and they are capable of being readily altered to conform to the standards. DATES: This decision was effective April 1, 2004. The agency notified the petitioner at that time that the subject vehicles are eligible for importation. This document provides public notice of the eligibility decision. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified as required under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the **Federal Register** of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the **Federal Register.** Automobile Concepts, Inc. of North Miami, Florida (“AMC”) (Registered Importer 01-278), petitioned NHTSA to decide whether 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 are eligible for importation into the United States. NHTSA published a notice of the petition on December 11, 2003 (68 FR 69125) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. One substantive comment was received in response to the notice of petition, from Ferrari North America, Inc. (FNA), the U.S. representative of the vehicle's original manufacturer. FNA's comment addressed issues it believed AMC had overlooked in describing alterations needed to conform 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 models to certain of the FMVSS. FNA observed that the non-U.S. certified 2002 Ferrari 360 passenger cars that are the subject of the instant petition (i.e., those manufactured from September 1, 2002 through December 31, 2002), are identical, with respect to their conformance to applicable FMVSS, to the nonconforming 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 that NHTSA has previously decided to be eligible for importation, as reflected in a notice of decision published on April 3, 2003 at 68 FR 16346 (Docket No. NHTSA-2002-13219). As a consequence, FNA contended that if the agency were to grant import eligibility to 2002 Ferrari 360 passenger cars manufactured from September 1, 2002 through December 31, 2002, that decision would have to be made on the same basis as the decision to grant import eligibility to the 2002 models manufactured before September 1, 2002. The agency accorded AMC an opportunity to respond to the issues raised by FNA. FNA's comments, AMC's responses, and NHTSA's analysis are set forth below for each of the issues that FNA raised.
(1)*FMVSS No. 201 Occupant Protection in Interior Impact:* The petition identified a number of interior trim components in the non-U.S. certified model that must be replaced with U.S.-model components or modified to meet the standard. FNA identified 16 interior trim components that are not found in the non-U.S. certified model and stated that all of these should be replaced with U.S.-model components. FNA also requested additional information concerning the petitioner's proposed substitution of occupant interior components purchased from another RI. FNA expressed the belief that an RI responsible for certifying a vehicle cannot rely on components manufactured by another RI when conforming the vehicle, whether or not the components have been shown to bring the vehicle into compliance with the standard. AMC responded that it was aware of the need for replacing 16 interior components, but could not provide technical information regarding the components that it intended to purchase from J.K. Technologies, another RI, on account of a nondisclosure agreement that it had entered with that company. *NHTSA's Analysis:* The modifications AMC identified as needed to conform the vehicle to the standard would not prelude the vehicle from being deemed eligible for importation. Conformity packages submitted for vehicles imported under the decision must demonstrate that the vehicle is equipped with components that allow it to achieve compliance with the standard. Any modification or replacement of components necessary to meet the requirements of the standard must be shown to bring the vehicle into compliance. Such proof must be submitted by an RI as part of any conformity package submitted for 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002. Addressing the issue that FNA raised regarding the purchase by one RI of components manufactured or modified by another RI, the agency notes that if the supplier has proven to the agency's satisfaction, either through a import eligibility petition that was granted by the agency or through a conformity package that the agency approved, that a vehicle complies with the standard when equipped with the components at issue, the agency will allow the purchasing RI to demonstrate conformance by the installation of those components. This necessarily assumes the vehicle for which the supplying RI has manufactured or modified the components is of the same make, model, and model year as the vehicle on which the component is to be installed, or if the vehicle is of a different model year, there were no changes affecting compliance with the standard at issue between that model year and the model year of the vehicle for which the component is purchased.
(2)*FMVSS No. 301 Fuel System Integrity:* The petition identified a number of fuel system components in the non-U.S. certified model that must be replaced with U.S.-model components to achieve compliance with the standard. FNA contended that the same modifications required for the 2001 and 2002 Ferrari Spider and Coupe passenger cars manufactured before September 1, 2002, be required for those manufactured from September 1, 2002 through December 31, 2002. AMC responded that it intended to perform modifications identical to those identified as needed to conform vehicles in the earlier production run. *NHTSA's Analysis:* Because FNA described the 2001 and 2002 models as being identical with respect to their conformance with all applicable FMVSS and AMC did not take issue with this representation, the agency has concluded that the following modifications, which were identified as need to conform the 2002 Ferrari 360 Spider and Coupe passenger cars manufactured before September 1, 2002 to the requirements of the standard, are appropriate for the those manufactured from September 1, 2002 through December 31, 2002 as well:
(a)replacement of the fuel/vapor separator, rollover valve, filler neck, vapor lines, evaporative (charcoal) canister, air pump, and associated hardware on non-U.S. certified versions of the vehicle to make them identical to those in the U.S. certified version;
(b)modification of the U.S.-model filler neck so that it can be attached to the non-U.S.-model tank; and
(c)relocation of the charcoal canister, air pump, fuel filler neck, and rollover valve so that they are in essentially the same position as those components found on the U.S. certified vehicle.
(3)*FMVSS No. 401 Interior Trunk Release:* The petition stated that an extra cable and actuator must be installed on the hood latch in order to allow an occupant to unlatch the hood from within the trunk, as required by the standard. FNA disagreed that the modifications described in the petition would bring the vehicle into compliance with all applicable requirements of paragraph S4.3(b)(1) of the standard. AMC responded by stating that it will install U.S.-model components so that the non-U.S.-certified vehicle complies with the standard in the same manner as the U.S.-certified vehicle. *NHTSA's Analysis:* Because AMC's agreement to install U.S.-model components resolves the issue raised by FNA, the agency has concluded that the vehicles are capable of being readily altered in that manner to meet the requirements of the standard. Conclusion In view of the above considerations, NHTSA decided to grant the petition. Vehicle Eligibility Number for Subject Vehicles The importer of a vehicle admissible under any final decision must indicate on the form HS-7 accompanying entry the appropriate vehicle eligibility number indicating that the vehicle is eligible for entry. VSP-433 is the vehicle eligibility number assigned to vehicles admissible under this notice of final decision. Final Decision Accordingly, on the basis of the foregoing, NHTSA decided that 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 that were not originally manufactured to comply with all applicable FMVSS, are substantially similar to 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 originally manufactured for importation into and sale in the United States and certified under 49 U.S.C. 30115, and are capable of being readily altered to conform to all applicable FMVSS. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E6-8539 Filed 6-1-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2003-15681; Notice 3] Decision That Nonconforming 2003 Ferrari Spider and Coupe Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of decision by the National Highway Traffic Safety Administration that nonconforming 2003 Ferrari Spider and Coupe passenger cars are eligible for importation. SUMMARY: This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 2003 Ferrari Spider and Coupe passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 2003 Ferrari Spider and Coupe passenger cars), and they are capable of being readily altered to conform to the standards. DATES: This decision was effective October 31, 2003. The agency notified the petitioner at that time that the subject vehicles are eligible for importation. This document provides public notice of the eligibility decision. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified as required under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the **Federal Register** of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the **Federal Register** . G&K Automotive Conversion, Inc. of Santa Ana, California (“G&K”)(Registered Importer 90-007), petitioned NHTSA to decide whether 2003 Ferrari Spider and Coupe passenger cars are eligible for importation into the United States. NHTSA published a notice of the petition on August 1, 2003 (68 FR 45309) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. One comment was received in response to the notice of petition, from Ferrari North America, Inc. (FNA), the U.S. representative of the vehicle's original manufacturer. FNA's comment addressed issues it believed G&K had overlooked in describing alterations necessary to conform 2003 Ferrari Spider and Coupe passenger cars to a number of FMVSS and to the Bumper Standard. FNA observed that the non-U.S. certified 2003 Ferrari 360 passenger cars that are the subject of the instant petition are identical, with respect to their conformance to applicable FMVSS, to the nonconforming 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 that NHTSA has previously decided to be eligible for importation, as reflected in a notice of decision published on April 3, 2003 at 68 FR 16346 (Docket No. NHTSA-2002-13219). As a consequence, FNA contended that if the agency were to grant import eligibility to 2003 Ferrari 360 passenger cars, that decision would have to be made on the same basis as the decision to grant import eligibility to the 2002 models manufactured before September 1, 2002. The agency gave G&K an opportunity to respond to FNA's comments. G&K did not see the need to do so because it believed that FNA had raised no issues beyond the ones it raised in response to the eligibility petition for 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 that was also submitted by G&K. FNA's comments and NHTSA's analysis are set forth below for each of the issues that FNA raised.
(1)*49 CFR Part 581, Bumper Standard:* The petition stated that the front and rear bumper support structures in the non-U.S. certified model must be reinforced in order to comply with the Bumper Standard. FNA responded that the bumpers should be replaced with U.S.-model bumper components unless there is no doubt that G&K's proposed reinforcements will meet the requirements of 49 CFR part 581. In addition, FNA pointed out that NHTSA had specifically required that the bumpers on nonconforming 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 must be replaced, and not merely modified to conform to the Bumper Standard. *NHTSA's Analysis:* The agency notes that Bumper Standard compliance issues are not directly relevant to an import eligibility decision, as such a decision is to be based on the capability of a non-U.S. certified vehicle to be altered to conform to the FMVSS, and the Bumper Standard is not an FMVSS. However, because a vehicle that is not originally manufactured to comply with the Bumper Standard must be modified to comply with the standard before it can be admitted permanently into the United States, conformance with the Bumper Standard must be shown in the conformity package submitted to NHTSA to allow release of the DOT conformance bond furnished at the time of vehicle importation. As part of the import eligibility decision for 2002 Ferrari 360 passenger cars manufactured before September 1, 2002, NHTSA specifically required replacement of bumper components with U.S.-model components based on the petitioner's assertion that it would perform such a replacement in lieu of modifying the bumper components. After that decision, G&K submitted to the agency detailed descriptions of bumper modifications that were deemed sufficient to bring the bumpers on 2001 and 2002 Ferrari 360 passenger cars into conformance with the Bumper Standard. G&K requested and was granted confidentiality with respect to that information by NHTSA's Chief Counsel. Based on the showing that G&K made with respect to non-U.S. certified 2002 Ferrari 360 passenger cars manufactured before September 1, 2002, NHTSA has concluded that the 2003 model vehicles that are the subject of the instant petition are also capable of being readily modified to comply with the Bumper Standard.
(2)*FMVSS No. 201 Occupant Protection in Interior Impact:* The petition identified a number of interior trim components in the non-U.S. certified model that must be either replaced with U.S.-model components or be modified to meet the standard. FNA contended that conformance with the standard could only be achieved by replacement of the components at issue, and not by their modification. *NHTSA's Analysis:* The modifications that G&K identified as necessary to achieve conformance with the standard would not prelude the vehicle from being deemed eligible for importation. Conformity packages submitted for vehicles imported under the decision must demonstrate that the vehicle is equipped with components that allow it to conform to the standard. Any modification or replacement of components necessary to meet the requirements of the standard must be shown to bring the vehicle into compliance. Such proof must be submitted by an RI as part of any conformity package submitted for 2003 Ferrari 306 Spider and Coupe passenger cars.
(3)*FMVSS No. 208 Occupant Crash Protection:* The petition identified various occupant crash protection components in the non-U.S. certified model that must be replaced with U.S.-model components or modified to meet the standard. FNA stated that the components at issue should only be replaced with U.S.-model components and not be modified to meet the standard. *NHTSA's Analysis:* The modifications G&K identified as necessary to comply with the standard would not prelude the vehicle from being deemed eligible for importation. Conformity packages submitted for vehicles imported under the decision must demonstrate that the vehicle is equipped with components that allow it to conform to the standard. Any modification or replacement of components necessary to meet the requirements of the standard must be shown to bring the vehicle into compliance. Such proof must be submitted by an RI as part of any conformity package submitted for 2003 Ferrari 306 Spider and Coupe passenger cars.
(4)*FMVSS No. 301 Fuel System Integrity:* The petition identified a number of fuel system components in the non-U.S. certified model that must be replaced with U.S.-model components to achieve conformity with the standard. FNA requested that the same modifications required for 2002 Ferrari 360 Spider and Coupe passenger cars be required for the 2003 model as well. *NHTSA's Analysis:* Because FNA described the 2002 and 2003 models as being identical with respect to their conformance with all applicable FMVSS and G&K did not take issue with this representation, the agency has concluded that the following modifications, which were identified as needed to conform the 2002 model to the requirements of the standard, are appropriate for the 2003 model as well:
(a)Replacement of the fuel/vapor separator, rollover valve, filler neck, vapor lines, evaporative (charcoal) canister, air pump, and associated hardware on non-U.S. certified versions of the vehicle to make them identical to those in the U.S. certified version;
(b)modification of the U.S.-model filler neck so that it can be attached to the non-U.S.-model tank; and
(c)relocation of the charcoal canister, air pump, fuel filler neck, and rollover valve so that they are in essentially the same position as those components found on the U.S. certified vehicle. Conclusion In view of the above considerations, NHTSA decided to grant the petition. Vehicle Eligibility Number for Subject Vehicles The importer of a vehicle admissible under any final decision must indicate on the form HS-7 accompanying entry the appropriate vehicle eligibility number indicating that the vehicle is eligible for entry. VSP-410 is the vehicle eligibility number assigned to vehicles admissible under this decision. Final Decision Accordingly, on the basis of the foregoing, NHTSA decided that 2003 Ferrari Spider and Coupe passenger cars that were not originally manufactured to comply with all applicable FMVSS, are substantially similar to 2003 Ferrari Spider and Coupe passenger cars originally manufactured for importation into and sale in the United States and certified under 49 U.S.C. 30115, and are capable of being readily altered to conform to all applicable FMVSS. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E6-8543 Filed 6-1-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE TREASURY Fiscal Service Surety Companies Acceptable on Federal Bonds: Change in State of Incorporation—Firemen's Insurance Company of Newark, NJ AGENCY: Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. SUMMARY: This is Supplement No. 16 to the Treasury Department Circular 570, 2005 Revision, published July 1, 2005, at 70 FR 38502. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at
(202)874-6850. SUPPLEMENTARY INFORMATION: Firemen's Insurance Company of Newark, New Jersey has redomesticated from the state of New Jersey to the state of South Carolina, effective January 1, 2006. Federal bond-approving officers should annotate their reference copies of the Treasury Department Circular 570 (“Circular”), 2005 revision, at 70 FR 38518, to reflect this change. The Circular may be viewed and downloaded through the Internet at *http://www.fms.treas.gov/c570.* A hard copy may be purchased from the Government Printing Office (GPO), Subscription Service, Washington, DC, telephone
(202)512-1800. When ordering the Circular from GPO, use the following stock number: 769-004-05219-0. Questions concerning this notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Funds Management Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. Dated: May 25, 2006. Vivian L. Cooper, Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 06-5040 Filed 6-1-06; 8:45 am]
Connectionstraces to 4
8 references not yet in our index
  • 49 CFR 1.48
  • 49 CFR 391.41(b)(3)
  • 49 CFR 391.41(b)(10)
  • 49 CFR 592
  • 49 CFR 593.7
  • 49 CFR 593.8
  • 49 CFR 1.50
  • 49 CFR 581
Citation graph
cites case law
Notices
Notice and request for comments
U.S.C.§ 31136
U.S.C.§ 31305
U.S.C.§ 30141
U.S.C.§ 30115
Cite49 CFR 1.48
Cite49 CFR 391.41(b)(3)
Cite49 CFR 391.41(b)(10)
Cite49 CFR 592
Cite49 CFR 593.7
Cites 12 · showing 9Cited by 0 across 0 sources
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