Qualification of Drivers; Exemption Applications; Vision, 5490-5492 [E7-1835]
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5490
Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 10 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (67 FR 68719; 68 FR 2629;
69 FR 71100; 68 FR 8794; 70 FR 8659;
69 FR 64806; 70 FR 2705). Each of these
10 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 March 8,
2007.
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 10
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an 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.
The 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
VerDate Aug<31>2005
16:03 Feb 05, 2007
Jkt 211001
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: January 30, 2007.
Pamela M. Pelcovits,
Office Director, Policy Plans and Regulations.
[FR Doc. E7–1845 Filed 2–5–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Solicitation of Applications for Fiscal
Year (FY) 2007, Safety Data
Improvement Program Grant
Opportunity
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: FMCSA announces that it has
published an opportunity to apply for
FY 2007 Safety Data Improvement
Program Grant Opportunity funding on
the grants.gov Web site (https://
www.grants.gov). Section 4128 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy For
Users (SAFETEA–LU) establishes the
Safety Data Improvement Program Grant
Program Opportunity. The legislation
supports a discretionary grant program
that provides funding for States to
improve the quality of crash and
inspection truck and bus data reported
by the States to FMCSA, as defined in
Section 31102 of Title 49, United States
Code. Eligible awardees can include a
State agency located in one of the fifty
States, the District of Columbia, Puerto
Rico, Northern Mariana Islands,
American Samoa, Guam, and the U.S.
Virgin Islands. To apply for funding,
applicants must be registered with
grants.gov. Registration with grants.gov
may take two to five days before the
system will allow you to apply for
grants using the grants.gov Web site
(https://www.grants.gov/applicants/
get_registered.jsp). Submit application
in accordance with the instructions
provided. Applications for grant
funding must be submitted
electronically to the FMCSA through the
grants.gov Web site. The Catalog of
Federal Domestic Assistance (CFDA)
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
number for Safety Data Improvement
Program is 20.234.
DATES: FMCSA will initially consider
funding for applications submitted by
March 31, 2007, by qualified applicants.
If additional funding remains available,
applications submitted after March 31,
2007 will be considered on a case-bycase basis. Funds will not be available
for allocation until fiscal year 2007
appropriations legislation is passed and
signed into law. Funding is subject to
reductions resulting from obligation
limitations or rescissions as specified in
SAFETEA–LU or other legislation.
FOR FURTHER INFORMATION CONTACT: Ms.
Betsy Benkowski, Federal Motor Carrier
Safety Administration, Office of
Research and Analysis, Analysis
Division, e-mail:
betsy.benkowski@.dot.gov, telephone:
202–366–5387, 400 7th Street, SW.,
Suite 8214, Washington, DC 20590.
Office hours are from 8 a.m. to 4:30
p.m., ET, Monday through Friday,
except Federal holidays.
Issued on January 29, 2007.
John H. Hill,
Administrator.
[FR Doc. E7–1842 Filed 2–5–07; 8:45 am]
BILLING CODE 4910–MC–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–04–17984]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
SUMMARY: FMCSA announces its
decision to renew the exemption from
the vision requirement in the Federal
Motor Carrier Safety Regulations for
Scott D. Goalder. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that renewing Mr. Goalder’s
exemption will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemption for this
commercial motor vehicle (CMV) driver.
DATES: This decision is effective
February 25, 2007. Comments must be
received on or before March 8, 2007.
ADDRESSES: You may submit comments
identified by DOT Docket Management
System (DMS) Docket Number FMCSA–
E:\FR\FM\06FEN1.SGM
06FEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices
04 17984, using any of the following
methods.
• Web site: https://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, S.W., 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
https://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 https://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 https://
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 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 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 https://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.
VerDate Aug<31>2005
16:03 Feb 05, 2007
Jkt 211001
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 Mr.
Scott D. Goalder who has requested
renewal of his exemption in a timely
manner. FMCSA has evaluated his
application for renewal on its merits
and decided to extend the exemption for
a renewable two-year period.
This exemption is extended subject to
the following conditions: (1) That Mr.
Goalder 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 he 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 he 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. Mr. Goalder’s
exemption will be valid for two years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1) He
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, the 1 applicant has satisfied the
entry conditions for obtaining an
exemption from the vision requirements
(69 FR 33997; 69 FR 61292). This 1
applicant has requested timely renewal
of the exemption and has submitted
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
5491
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 his record of safety while
driving with the vision deficiency over
the past two years indicates the
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 Mr.
Goalder 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 Mr.
Goalder’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 this driver submit comments
by March 8, 2007.
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 a
notice of final disposition announcing
its decision to exempt Mr. Goalder (69
FR 61293; Oct. 15, 2004) from the vision
requirement in 49 CFR 391.41(b)(10).
The final decision to grant an exemption
to this individual was based on the
merits of his case and only after careful
consideration of the comments received
to its notice of application. The notice
of application stated in detail the
qualifications, experience, and medical
condition of this 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 this driver is 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 the
driver.
E:\FR\FM\06FEN1.SGM
06FEN1
5492
Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices
Issued on: January 30, 2007.
Pamela M. Pelcovits,
Office Director, Policy and Program
Development.
[FR Doc. E7–1835 Filed 2–5–07; 8:45 am]
Background
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2006–26321]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
Diabetes Mellitus and Driving
Experience of the Applicants
SUMMARY: FMCSA announces its
decision to exempt sixty-six individuals
from its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions will enable these
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions are effective
February 6, 2007. The exemptions
expire on February 6, 2009.
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., Washington, DC
20590–0001. Office hours are from 8:30
a.m. to 5 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with NOTICES
Electronic Access
You may see all the comments online
through the Document Management
System (DMS) at: https://dmses.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov and/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.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s 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, or
other entity). You may review DOT’s
complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11,
2000). This statement is also available at
https://dms.dot.gov.
VerDate Aug<31>2005
16:03 Feb 05, 2007
Jkt 211001
On December 13, 2006, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
sixty-six individuals, and requested
comments from the public (71 FR
74986). The public comment period
closed on January 12, 2007 and no
comments were received.
FMCSA has evaluated the eligibility
of the sixty-six applicants and
determined that granting the
exemptions to these individuals would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
The Agency established the current
standard for diabetes in 1970 because
several risk studies indicated that
diabetic drivers had a higher rate of
crash involvement than the general
population. The diabetes rule provides
that ‘‘A person is physically qualified to
drive a commercial motor vehicle if that
person has no established medical
history or clinical diagnosis of diabetes
mellitus currently requiring insulin for
control’’ (49 CFR 391.41(b)(3)).
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program To Qualify Individuals With
Insulin-Treated Diabetes Mellitus To
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with Insulin-Treated
Diabetes Mellitus (ITDM) to operate
CMVs is feasible. The 2003 notice in
conjunction with the November 8, 2005
(70 FR 67777) Federal Register Notice
provides the current protocol for
allowing such drivers to operate CMVs
in interstate commerce.
These sixty-six applicants have had
ITDM over a range of 1 to 38 years.
These applicants report no
hypoglycemic reaction that resulted in
loss of consciousness or seizure, that
required the assistance of another
person, or resulted in impaired
cognitive function without warning
symptoms in the past 5 years (with one
year of stability following any such
episode). In each case, an
endocrinologist has verified that the
driver has demonstrated willingness to
properly monitor and manage their
diabetes, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
including diabetes-related
complications. Each meets the vision
standard at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the December
13, 2006, Federal Register Notice (71 FR
74986). Because there were no docket
comments on the specific merits or
qualifications of any applicant, we have
not repeated the individual profiles
here.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes standard in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologist’s
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that
exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3)
is likely to achieve a level of safety
equal to that existing without the
exemption.
Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not they are related to an episode of
hypoglycemia; (3) 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 (4) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
E:\FR\FM\06FEN1.SGM
06FEN1
Agencies
[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5490-5492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1835]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-04-17984]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Notice of renewal of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew the exemption from the
vision requirement in the Federal Motor Carrier Safety Regulations for
Scott D. Goalder. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that renewing Mr. Goalder's
exemption will provide a level of safety that will be equivalent to, or
greater than, the level of safety maintained without the exemption for
this commercial motor vehicle (CMV) driver.
DATES: This decision is effective February 25, 2007. Comments must be
received on or before March 8, 2007.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Number FMCSA-
[[Page 5491]]
04 17984, using any of the following methods.
Web site: https://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, S.W., 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 https://
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 https://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 https://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 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 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 https://
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 Mr.
Scott D. Goalder who has requested renewal of his exemption in a timely
manner. FMCSA has evaluated his application for renewal on its merits
and decided to extend the exemption for a renewable two-year period.
This exemption is extended subject to the following conditions: (1)
That Mr. Goalder 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 he 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 he 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. Mr.
Goalder's exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) He 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, the 1 applicant has satisfied the entry
conditions for obtaining an exemption from the vision requirements (69
FR 33997; 69 FR 61292). This 1 applicant 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 his record of safety while driving with the vision deficiency
over the past two years indicates the 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 Mr. Goalder 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 Mr.
Goalder'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 this driver submit comments by
March 8, 2007.
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 a notice of final disposition
announcing its decision to exempt Mr. Goalder (69 FR 61293; Oct. 15,
2004) from the vision requirement in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to this individual was based on the
merits of his case and only after careful consideration of the comments
received to its notice of application. The notice of application stated
in detail the qualifications, experience, and medical condition of this
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 this driver is 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 the driver.
[[Page 5492]]
Issued on: January 30, 2007.
Pamela M. Pelcovits,
Office Director, Policy and Program Development.
[FR Doc. E7-1835 Filed 2-5-07; 8:45 am]
BILLING CODE 4910-EX-P