64810 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Notices 

has driven straight trucks for 3 years, 

accumulating 79,000 miles, and tractortrailer combinations for 44 years, 

accumulating 6.2 million miles. He 

holds a Class A CDL from Utah. His 

driving record for the last 3 years shows 

no crashes or convictions for moving 

violations in a CMV. 

29. David J. Triplett 

Mr. Triplett, 42, has amblyopia in his 

right eye. His best-corrected visual 

acuity in the right eye is 20/40 and in 

the left, 20/20. Following an 

examination in 2004, his optometrist 

certified, ‘‘It is my opinion that Mr. 

Triplett has sufficient vision to perform 

any driving tasks required to operate a 

commercial vehicle.’’ Mr. Triplett 

reported that he has driven straight 

trucks for 16 years, accumulating 

640,000 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. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), the 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.

Issued on: November 3, 2004. 

Rose A. McMurray, 

Associate Administrator, Policy and Program 

Development.

[FR Doc. 04–24867 Filed 11–5–04; 8:45 am] 

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety 

Administration 

[Docket Nos. FMCSA–99–5748, FMCSA–

2000–7006, FMCSA–2000–7165, FMCSA–

2000–7363, FMCSA–2000–8203] 

Qualification of Drivers; Exemption 

Applications; Vision

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: This notice publishes the 

FMCSA decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 24 individuals. The 

FMCSA has statutory authority to 

exempt individuals from vision 

standards 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, 2004. Comments from 

interested persons should be submitted 

by December 8, 2004.

ADDRESSES: You may submit comments 

identified by DOT DMS Docket 

Numbers FMCSA–99–5748, FMCSA–

2000–7006, FMCSA–2000–7165, 

FMCSA–2000–7363, and FMCSA–2000–

8203 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. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

numbers for this notice. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the Public 

Participation heading of the 

Supplementary Information section of 

this document. 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 under 

Regulatory Notices. 

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 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.

FOR FURTHER INFORMATION CONTACT:

Maggi Gunnels, Office of Bus and Truck 

Standards and Operations, (202) 366–

2987, FMCSA, Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

Office hours are from 8 a.m. to 5 p.m., 

e.t., Monday through Friday, except 

Federal holidays.

SUPPLEMENTARY INFORMATION: 

Public Participation: The DMS is 

available 24 hours each day, 365 days 

each year. You can get electronic 

submission and retrieval help 

guidelines under the ‘‘help’’ section of 

the DMS Web site. If you want us to 

notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: 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 the Department of 

Transportation’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov.

Exemption Decision 

Under 49 U.S.C. 31315 and 31136(e), 

the FMCSA may renew an exemption 

from the vision requirement 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 24 

individuals who have requested renewal 

of their exemptions in a timely manner. 

The FMCSA has evaluated these 24 

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 

David D. Bungori, Jr. 

David R. Cox 

Rosalie A. Gifford 

Eugene A. Gitzen 

Donald Grogan 

Nelson V. Jaramillo 

Jimmie W. Judkins 

Bruce T. Loughary 

Demetrio Lozano 

Wayne R. Mantela 

Kenneth D. May 

Gordon L. Nathan 

Bernice R. Parnell 

Frances C. Ruble

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Notices 64811

Patrick W. Shea 

Rick N. Ulrich 

Roy F. Varnado, Jr. 

Larry D. Wedekind 

Wonda L. Wooten 

Rick A. Young

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

exam 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 

the 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. 31315 and 

31136(e). 

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. §§ 31315 and 

31136(e), each of the 24 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, 64 FR 

40404, 64 FR 66962, 67 FR 10475, 65 FR 

20245, 65 FR 57230, 65 FR 33406, 65 FR 

57234, 67 FR 57266, 65 FR 45817, 65 FR 

77066). Each of these 24 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, the 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. 

Comments 

The 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. 31315 and 

31136(e). However, the FMCSA requests 

that interested parties with specific data 

concerning the safety records of these 

drivers submit comments by December 

8, 2004. 

In the past the FMCSA has received 

comments from Advocates for Highway 

and Auto Safety (Advocates) expressing 

continued opposition to the FMCSA’s 

procedures for renewing exemptions 

from the vision requirement in 49 CFR 

391.41(b)(10). Specifically, Advocates 

objects to the agency’s extension of the 

exemptions without any opportunity for 

public comment prior to the decision to 

renew, and reliance on a summary 

statement of evidence to make its 

decision to extend the exemption of 

each driver. 

The issues raised by Advocates were 

addressed at length in 69 FR 51346 

(August 18, 2004). The FMCSA 

continues to find its exemption process 

appropriate to the statutory and 

regulatory requirements.

Issued on: November 3, 2004. 

Rose A. McMurray, 

Associate Administrator, Policy and Program 

Development.

[FR Doc. 04–24868 Filed 11–5–04; 8:45 am] 

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

Reports, Forms and Record Keeping 

Requirements; Agency Information 

Collection Activity Under OMB Review

AGENCY: National Highway Traffic 

Safety Administration, DOT.

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collections 

and their expected burden. The Federal 

Register Notice with a 60-day comment 

period was published on June 16, 2004, 

(69 FR 33694). No comments were 

received.

DATES: Comments must be submitted on 

or before December 8, 2004.

FOR FURTHER INFORMATION CONTACT: John 

Lee, the National Highway Traffic Safety 

Administration, Office of Rulemaking 

(NVS–112), (202) 366–4924, 400 

Seventh Street, SW., Room 5320, 

Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

National Highway Traffic Safety 

Administration 

Title: 49 CFR 571.205, Glazing 

Materials. 

OMB Number: 2127–0038. 

Type of Request: Extension of a 

currently approved collection. 

Abstract: In order to ensure that 

glazing and motor vehicle 

manufacturers are complying with 

Federal Motor Vehicle Safety Standard 

No. 205, ‘‘Glazing Materials,’’ NHTSA 

requires a certification label on each 

piece of glazing. As part of that 

certification label, the company must 

identify itself with a simple two or three 

digit number assigned by the agency. 

Failure to clearly identify the 

manufacturer would make the 

certification label, and therefore the 

safety compliance, unenforceable. 

Affected Public: New prime glazing 

manufacturers (A prime glazing 

manufacturer is a manufacturer that 

fabricates, laminates, or tempers glazing 

materials). 

Estimated Total Annual Burden: 10.5 

hours.

ADDRESSES: Send comments, within 30 

days, to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 7th Street, 

NW., Washington, DC 20503, Attention: 

NHTSA Desk Officer. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology.