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Code · REGISTER · 2006-11-13 · Federal Motor Carrier Safety Administration (FMCSA), DOT · Notices

Notices. Notice of renewal of exemption; request for comments

2,654 words·~12 min read·/register/2006/11/13/06-9193

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BILLING CODE 4910-22-M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-98-3637, FMCSA-99-5748, FMCSA-00-7006, FMCSA-00-7165, FMCSA-00-7363] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 individuals.
FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle
(CMV)drivers. DATES: This decision is effective December 8, 2006. Comments must be received on or before December 13, 2006. ADDRESSES: You may submit comments identified by DOT Docket Management System
(DMS)Docket Numbers FMCSA-98-3637, FMCSA-99-5748, FMCSA-00-7006, FMCSA-00-7165, FMCSA-00-7363, using any of the following methods. • *Web Site:* *http://dmses.dot.gov* . Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. *Instructions:* All submissions must include the Agency name and docket numbers for this Notice. Note that all comments received will be posted without change to *http://dms.dot.gov* , including any personal information provided. Please see the Privacy Act heading for further information. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. *Privacy Act:* Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division,
(202)366-4001, *maggi.gunnels@dot.gov* FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Exemption Decision Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.” The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This Notice addresses 17 individuals who have requested renewal of their exemptions in a timely manner. FMCSA has evaluated these 17 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Henry W. Adams Delbert R. Bays Robert F. Berry Robert W. Brown Eugene A. Gitzen Nelson V. Jaramillo Larry D. Johnson Bruce T. Loughary Demetrio Lozano Wayne R. Mantela Kenneth D. May Gordon L. Nathan Bernice R. Parnell Frances C. Ruble Patrick W. Shea Roy F. Varnado, Jr. Rick A. Young These exemptions are extended subject to the following conditions:
(1)That each individual have a physical examination every year
(a)by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b)by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41;
(2)that each individual provide a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and
(3)that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1)The person fails to comply with the terms and conditions of the exemption;
(2)the exemption has resulted in a lower level of safety than was maintained before it was granted; or
(3)continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 30285; 63 FR 54519; 65 FR 77069; 67 FR 71610; 69 FR 64810; 64 FR 40404; 64 FR 66962; 67 FR 10475; 65 FR 20245; 65 FR 57230; 65 FR 33406; 65 FR 57234; 65 FR 57266; 65 FR 45817; 65 FR 77066). Each of these 17 applicants has requested timely renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver's safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by December 13, 2006. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published Notices of final disposition announcing its decision to exempt these 17 individuals from the vision requirement in 49 CFR 391.41(b)(10). That final decision to grant the exemption to each of these individuals was based on the merits of each case and only after careful consideration of the comments received to its Notices of applications. Those Notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited **Federal Register** publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: November 3, 2006. Larry W. Minor, Office Director, Bus and Truck Standards and Operations. [FR Doc. E6-19107 Filed 11-9-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics [Docket Number—RITA—2006—26278] Request for OMB Clearance of an Information Collection; Survey of State Funding for Public Transportation AGENCY: Research and Innovative Technology Administration, Bureau of Transportation Statistics (RITA/BTS), DOT. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of Survey of State Funding for Public Transportation. DATES: Written comments should be submitted by January 12, 2007. ADDRESSES: You may submit a comment (identified by DMS Docket Number RITA-2006-26278) through one 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 20590-001. *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. *Instructions:* All comments must include the agency name and DMS Docket Number RITA-2006-26278. Note that all comments received will be posted without change to *http://dms.dot.gov,* including and personal information provided. You should know that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.) You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19475-19570) or you may visit *http://dms.dot.gov.* *Docket:* For access to the docket to read background documents or comments, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 a.m., Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: “Comments on Docket RITA-2006-26278. The Docket Clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Please note that due to delays in the delivery of U.S. mail to Federal offices in Washington, DC, we recommend that persons consider and alternative method (Internet, fax, or professional delivery service) to submit comments to the docket and ensure their timely receipt at U.S. DOT. *Comments:* We particularly request your comments on the accuracy of the estimated burden; ways to enhance the quality, usefulness, and clarity of the collected information; and ways to minimize the collection burden without reducing the quality of the information collected including additional use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Ms. June Jones,Office of Advanced Studies, RTS-31, Room 3430, Department of Transportation, Research and Innovative Technology Administration, Bureau of Transportation Statistics, 400 Seventh Street, SW., Washington, DC 20590-0001,
(202)366-474. SUPPLEMENTARY INFORMATION: *OMB Approval No.* 2139-NEW. *Title:* Survey of State Funding for Public Transportation. *Form No.:* None. *Type of Review:* New Collection (previously part of 2139-0007 which is being discontinued as of November 30, 2006.) *Respondents:* Fifty States and the District of Columbia. *Number of Respondents:* 51. *Estimated Time per Response:* Two hours or 120 minutes. *Total Annual Burden:* 102 hours. *Needs and Uses:* This survey provides data that are used to create an annual summary report of State funding for public transportation in the 50 States and the District of Columbia. The information in this report is widely used and requested by Congress, State legislatures and local governing bodies. The information is useful in showing state comparisons in types of public transportation programs as well as commitment to fund public transportation capital and operation costs. *Description of Survey:* The survey includes, by state, types of public transportation programs, funding sources and funding amounts, eligible uses and allocation of funding. The primary purpose of the Survey of State Funding for Public Transportation is to create an annual report which provides a State by State summary of public transportation funding information. The Survey of State Funding for Public Transportation is designed as an annual survey. *Burden Statement:* The total annual respondent burden estimate is 102 hours. The burden hours per State will vary based on the amount of State transit, with an average respondent burden of 2 hours. Issued in Washington, DC on November 6, 2006. William Bannister, Office of Advanced Studies, Research and Innovative Technology Administration,Bureau of Transportation Statistics. [FR Doc. E6-19096 Filed 11-9-06; 8:45 am] BILLING CODE 4910-HY-P 71 218 Monday, November 13, 2006 CORRECTIONS Jen DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA-2006-25553] Request for Public Comment on Noise Analysis for Fort Lauderdale-Hollywood International Airport, Broward County, FL Correction In notice document 06-8975 beginning on page 63829 in the issue of Tuesday, October 31, 2006, make the following correction: On page 63830, in the third column, in the first paragraph, in the last five lines, “(See *http://www.faa.gov/* *airports_airtraffic/airports/* *regional_guidance/southern/* *environmental/media/* *fll_exhib3_2004_2005_baseline.pdf)* ” should read “(See *http://www.faa.gov/* *airports_airtraffic/airports/* *regional_guidance/southern/* *environmental/media/* *fll_exhib3_compare_2004_2005_* *baseline.pdf)* ”. [FR Doc. C6-8975 Filed 11-9-06; 8:45 am] BILLING CODE 1505-01-D 71 218 Monday, November 13, 2006 Presidential Documents Part II The President Memorandum of November 6, 2006—Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988—Socialist Republic of Vietnam Title 3— The President Memorandum of November 6, 2006 Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988—Socialist Republic of Vietnam Memorandum for the United States Trade Representative Consistent with section 1006(a) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2905(a)) (the “Act”), I determine that state trading enterprises account for a significant share of the exports of the Socialist Republic of Vietnam (Vietnam) and goods that compete with imports into Vietnam. I further determine that such state trading enterprises unduly burden and restrict, or adversly affect, the foreign trade of the United States or the United States economy, or are likely to result in such burden, restriction, or effect. Vietnam is seeking to become a member of the World Trade Organization (WTO). The terms and conditions for Vietnam's accession to the WTO include Vietnam's commitments that it will ensure that all state trading enterprises within the meaning of section 1106 will make purchases not for governmental use and sales in international trade based solely on commercial considerations (including price, quality, availability, marketability, and transportation) and that U.S. firms will have an adequate opportunity, in accordance with customary business practice, to compete for participation in sales to and purcahses from these enterprises on nondiscriminatory terms and conditions. In addition, the Government of Vietnam will not influence, directly or indirectly, commercial decisions on the part of state trading enterprises, including decisions on the quantity, value, or country of origin of any goods purchased or sold, except in a manner consistent with the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) and the rights accorded to nongovernmental enterprise owners or shareholders. The obligations that Vietnam will assume under the WTO Agreement, including Vietnam's protocol of accession, meet the requirements of section 1106(b)(2)(A) of the Act (19 U.S.C. 2905(b)(2)(A)), and thus my determinations under section 1106(a) do not require invocation of the nonapplication provisions of the WTO Agreement. You are directed to publish this memorandum in the **Federal Register** . GWBOLD.EPS THE WHITE HOUSE, Washington, November 6, 2006. [FR Doc. 06-9193 Filed 11-9-06; 8:45 am]
Connectionstraces to 3
4 references not yet in our index
  • 49 CFR 391.41(b)(10)
  • 49 CFR 381
  • 49 CFR 391.41
  • Pub. L. 104-13
Citation graph
cites case law
Notices
Notice of renewal of exemption; request for comments
Cite49 CFR 391.41(b)(10)
Cite49 CFR 381
Cite49 CFR 391.41
Pub. L.Pub. L. 104-13
Cites 7Cited by 0 across 0 sources
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