Qualification of Drivers; Exemption Applications; Vision, 5489-5490 [E7-1845]
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Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices
reports shall not be subject to discovery
or admitted into evidence in a Federal
or State court proceeding or considered
for other purposes in any action for
damages arising from any occurrence at
a location identified or addressed in the
reports.
The FHWA provided guidance for the
States to use in the preparation of these
reports. Additional information about
the program, including the guidance
provided by the FHWA to the States,
may be found at: https://
safety.fhwa.dot.gov/safetealu/
fiveguidance.htm.
Authority: 23 U.S.C. 148(c)(1)(D), 23 U.S.C.
148(g)(3)(A), and Section 1401 of Pub Law
109–59.
Issued on: January 26, 2007.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. E7–1844 Filed 2–5–07; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–02–12423, FMCSA–02–
12844, FMCSA–04–19477]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 10
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.
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 Numbers
FMCSA–02–12423, FMCSA–02–12844,
FMCSA–04–19477, using any of the
following methods.
• Web site: https://dmses.dot.gov.
Follow the instructions for submitting
sroberts on PROD1PC70 with NOTICES
DATES:
VerDate Aug<31>2005
16:03 Feb 05, 2007
Jkt 211001
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
https://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 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
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
5489
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 10
individuals who have requested renewal
of their exemptions in a timely manner.
FMCSA has evaluated these 10
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period. They
are:
Roger C. Carson
Charles R. O’Connell
Henry A. Shelton
William T. Cummins
Dennis R. O’Dell, Jr.
Ronald A. Stevens
Harold D. Jones
Jerry W. Parker
Lester G. Kelley, II
Virgil A. Potts
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
E:\FR\FM\06FEN1.SGM
06FEN1
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
Agencies
[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5489-5490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1845]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-02-12423, FMCSA-02-12844, FMCSA-04-19477]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
10 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 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 Numbers FMCSA-02-12423, FMCSA-02-12844, FMCSA-04-
19477, 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, 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 https://
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 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 10
individuals who have requested renewal of their exemptions in a timely
manner. FMCSA has evaluated these 10 applications for renewal on their
merits and decided to extend each exemption for a renewable two-year
period. They are:
Roger C. Carson
Charles R. O'Connell
Henry A. Shelton
William T. Cummins
Dennis R. O'Dell, Jr.
Ronald A. Stevens
Harold D. Jones
Jerry W. Parker
Lester G. Kelley, II
Virgil A. Potts
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
[[Page 5490]]
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 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