67776 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices 

‘‘Draft Advisory Circulars.’’ A paper 

copy of the proposed ACs may be 

obtained by contacting the person 

named above under the caption FOR

FURTHER INFORMATION CONTACT. 

Discussion 

On October 6, 2005, the FAA 

published in the Federal Register the 

Notices of availability for 11 of the 12 

ACs related to the ‘‘Enhanced 

Airworthiness Program for Airplane 

Systems’’ proposed rule. The close of 

comment period date for these notices is 

December 5, 2005. The FAA published 

the Notice of availability for the twelfth 

AC, AC 120–XX, in the Federal Register 

on October 18, 2005. The close of 

comment period date for this AC is 

December 19, 2005. The proposed rule 

(70 FR 58508), which also was 

published on October 6, 2005, contains 

a close of comment period date of 

February 3, 2006. The FAA’s intent was 

to have the same close of comment 

period date for the draft ACs and 

proposed rule. 

The following is a list of the draft ACs 

in question that are open for comment, 

and the Federal Register citations for 

the Notices of availability, which give 

information about the subject matter the 

ACs address: 

AC 25–XX—Subpart I, Continued 

Airworthiness and Safety 

Improvements (70 FR 58567) 

AC 25–YY—Development of Standard 

Wiring Practices Documentation (70 

FR 58562) 

AC 25.1353–1—Electrical Equipment 

and Installations (70 FR 58564) 

AC 25.1357–1X—Circuit Protective 

Devices (70 FR 58565) 

AC 25.1360–1X—Protection Against 

Injury (70 FR 58565) 

AC 25.1362–1X—Electrical Supplies for 

Emergency Conditions (70 FR 58566) 

AC 25.1365–1X—Electrical Appliances, 

Motors, and Transformers (70 FR 

58566) 

AC 25.17XX—Certification of Electrical 

Wiring Interconnection Systems on 

Transport Category Airplanes (70 FR 

58562) 

AC 25.869–1—Fire Protection Systems 

(70 FR 58563) 

AC 25.899–1—Electrical Bonding and 

Protection Against Static Electricity 

(70 FR 58564) 

AC 120–YY—Aircraft Electrical Wiring 

Interconnection Systems Training 

Program (70 FR 58563) 

AC 120–XX—Program to Enhance 

Transport Category Airplane 

Electrical Wiring Interconnection 

System Maintenance (70 FR 60597) 

With this action, the FAA extends the 

comment period for each of the 12 draft 

ACs to February 3, 2006 to coincide 

with the comment period for the EAPAS 

proposed rule. 

Issued in Washington, DC on November 1, 

2005. 

James J. Ballough, 

Director, Flight Standards Service, Aviation 

Safety. 

John J. Hickey, 

Director, Flight Standards Service, Aviation 

Safety. 

[FR Doc. 05–22250 Filed 11–7–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket Nos. FMCSA–99–5578, FMCSA–99–

5748, FMCSA–2000–7363, FMCSA–2000–

8398, FMCSA–2003–14223, FMCSA–2003–

15892] 

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 FMCSA 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 22 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision standards if the exemptions 

granted will not compromise safety. The 

agency has concluded that granting the 

renewal of these exemptions will 

continue to 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 

November 30, 2005. Comments from 

interested persons should be submitted 

by December 8, 2005. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket 

Numbers FMCSA–99–5578, FMCSA–

99–5748, FMCSA–2000–7363, FMCSA–

2000–8398, FMCSA–2003–14223, 

FMCSA–2003–15892 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. 

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: Dr. 

Mary D. Gunnels, Office of Bus and 

Truck Standards and Operations, (202) 

366–4001, 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), 

FMCSA may renew an exemption from 

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices 67777 

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 22 

individuals who have requested renewal 

of their exemptions in a timely manner. 

FMCSA has evaluated these 22 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. They 

are: 

Terry J. Aldridge 

Jerry D. Bridges 

Roosevelt Bryant, Jr. 

Thomas P. Cummings 

Ralph E. Eckels 

Marion R. Fox, Jr. 

Gary R. Gutschow 

Richard J. Hanna 

James J. Hewitt 

Carl M. Hill 

John K. Love 

Albert E. Malley 

Roger J. Mason 

David L. Menken 

Richard L. Messinger 

Eldon Miles 

Rodney M. Mimbs 

Walter F. Moniowczak 

Ronald L. Roy 

Thomas E. Walsh 

Kevin P. Weinhold 

Thomas A. Wise 

These exemptions are renewed 

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. 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 22 applicants has 

satisfied the eligibility requirements for 

obtaining an exemption from the vision 

standard (64 FR 27027; 64 FR 51568; 66 

FR 48504; 68 FR 54775; 64 FR 68195; 

65 FR 20251; 67 FR 17102; 65 FR 45817; 

65 FR 77066; 68 FR 1654; 66 FR 17743; 

66 FR 33990; 66 FR 30502; 66 FR 41654; 

67 FR 68719; 68 FR 2629; 68 FR 10301; 

68 FR 19596; 68 FR 52811; 68 FR 

61860). Each of these 22 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. 

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. 31315 and 

31136(e). However, FMCSA requests 

that interested parties with specific data 

concerning the safety records of these 

drivers submit comments by December 

8, 2005. 

In the past FMCSA has received 

comments from Advocates for Highway 

and Auto Safety (Advocates) expressing 

continued opposition to 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). FMCSA continues to 

find its exemption process consistent 

with the statutory and regulatory 

requirements. 

Issued on: November 3, 2005. 

Rose A. McMurray, 

Associate Administrator, Policy and Program 

Development. 

[FR Doc. 05–22263 Filed 11–7–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2001–9800] 

Qualification of Drivers; Eligibility 

Criteria and Applications; Diabetes 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of revised final 

disposition. 

SUMMARY: This notice announces 

FMCSA’s decision to revise the terms 

and conditions of its previous decision 

to issue exemptions to certain insulintreated diabetic drivers of commercial 

motor vehicles (CMVs) from the 

diabetes mellitus prohibitions contained 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs). This action is in 

response to section 4129 of the Safe, 

Accountable, Flexible and Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA-LU) which requires 

FMCSA within 90 days of enactment to 

modify its exemption program to allow 

individuals who use insulin to treat 

diabetes mellitus to operate CMVs in 

interstate commerce, without having to 

demonstrate safe driving experience 

operating a CMV while using insulin, 

while at the same time implementing 

certain other requirements contained in 

section 4129. These changes will remain 

in effect until FMCSA completes a 

rulemaking to revise the FMCSRs to 

allow drivers with insulin-treated 

diabetes mellitus (ITDM) to operate 

CMVs in interstate commerce in 

accordance with the applicable statutory 

standards. 

DATES: This notice is effective on 

November 8, 2005. FMCSA will begin 

accepting applications for exemptions 

under the new criteria on November 8, 

2005.