Qualification of Drivers; Exemption Applications; Vision, 7111-7113 [07-654]
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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Notices
ycherry on PROD1PC64 with PRELIMS
FOR FURTHER INFORMATION CONTACT:
Vivian Jones, Office of the Secretary,
Department of Transportation, 400
Seventh Street, SW., Washington, DC
2590, (202) 366–0283.
SUPPLEMENTARY INFORMATION:
Title: Air Carrier’s Claim for Subsidy
and Air Carrier’s Report of Departures
Flown in Schedule Service.
OMB Control Number: 2106–0044.
Type of Request: Extension for a
currently approved information
collection.
Abstract: In 14 CFR part 271 of its
Aviation Economic Regulations, the
Department provided that subsidy to air
carriers for providing essential air
service will be paid to the carriers
monthly, and that payments will vary
according to the actual amount of
service performed during the month.
The reports of subsidized air carriers of
essential air service performed on the
Department’s Forms 397, ‘‘Air Carrier’s
Report of Departures Flown in
Scheduled Service’’ and 398 ‘‘Air
Carrier’s Claim for Subsidy,’’ establish
the fundamental basis for paying these
air carriers on a timely basis. Typically,
subsidized air carriers are small
businesses and operate only aircraft of
limited size over a limited geographical
area. The collection permits subsidized
air carriers to submit their monthly
claims in a concise, orderly, easy-toprocess form, without having to devise
their own means of submitting support
for these claims.
The collection involved here requests
only information concerning the
subsidy-eligible flights (which generally
constitute only a small percentage of the
carriers’ total operations) of a small
number of air carriers. The collection
permits the Department to timely pay
air carriers for providing essential air
service to certain eligible communities
that would not otherwise receive
scheduled passenger air service.
Respondents: Small air carriers
selected by the Department in docketed
cases to provide subsidized essential air
service.
Frequency of the Respondents:
Monthly.
Estimated Number of Respondents:
26.
Total Annual Response: 1380.
Estimated Total Burden on
Respondents: 2080 hours.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper functioning
of the Department, including whether
the information will have practical
utility; (b) the accuracy of the
Department’s estimate of the burden of
the proposed information collection; (c)
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17:27 Feb 13, 2007
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ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) 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.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Issued in Washington, DC, on February 8,
2007.
John DiLuccio,
Director, Resource Directorate.
[FR Doc. E7–2526 Filed 2–13–07; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2007–06]
Petitions for Exemption; Summary of
Petitions Received
7111
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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: Tim
Adams (202) 267–8033, Tyneka Thomas
(202) 267–7626, or Frances Shaver (202)
267–9681, Office of Rulemaking (ARM–
1), Federal Aviation Administration,
800 Independence Avenue, SW.,
Washington, DC 20591. This notice is
published pursuant to 14 CFR 11.85 and
11.91.
Issued in Washington, DC, on February 8,
2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
Petitions for Exemption
Docket No.: FAA–2007–27103.
Petitioner: Republic Airline, Inc.
Section of 14 CFR Affected: 14 CFR
121.434.
Description of Relief Sought:
SUMMARY: Pursuant to FAA’s rulemaking
Republic Airline, Inc., requests an
provisions governing the application,
exemption from the requirements of 14
processing, and disposition of petitions
for exemption under part 11 of Title 14, CFR 121.434 to the extent necessary to
employ and use EMB–170 pilots that
Code of Federal Regulations (14 CFR),
have been employed, trained and
this notice contains a summary of
qualified by its affliated company,
certain petitions seeking relief from
Shuttle America Corporation, without
specified requirements of 14 CFR. The
requiring the pilots to repeat the 25
purpose of this notice is to improve the
public’s awareness of, and participation hours of EMB–170 initial operating
experience (IOE) requirements, and the
in, this aspect of FAA’s regulatory
pilots-in-command to repeat the FAA
activities. Neither publication of this
observation requirements, which were
notice nor the inclusion or omission of
information in the summary is intended successfully accomplished either at
Shuttle or through FAA Exemption
to affect the legal status of any petition
8586.
or its final disposition.
DATES: Comments on petitions received
[FR Doc. E7–2547 Filed 2–13–07; 8:45 am]
must identify the petition docket
BILLING CODE 4910–13–P
number involved and must be received
on or before February 26, 2007.
DEPARTMENT OF TRANSPORTATION
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
Federal Motor Carrier Safety
FAA–2007–27103] by any of the
Administration
following methods:
• Web Site: https://dms.dot.gov.
[Docket No. FMCSA–00–7363, FMCSA–00–
7918, FMCSA–02–13411]
Follow the instructions for submitting
comments on the DOT electronic docket
Qualification of Drivers; Exemption
site.
Applications; Vision
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
AGENCY: Federal Motor Carrier Safety
U.S. Department of Transportation, 400
Administration (FMCSA), DOT.
Seventh Street, SW., Nassif Building,
ACTION: Notice of renewal of
Room PL–401, Washington, DC 20590–
exemptions; request for comments.
001.
• Hand Delivery: Room PL–401 on
SUMMARY: FMCSA announces its
the plaza level of the Nassif Building,
decision to renew the exemptions from
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petitions for
exemption received
AGENCY:
PO 00000
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E:\FR\FM\14FEN1.SGM
14FEN1
7112
Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Notices
the vision requirement in the Federal
Motor Carrier Safety Regulations for 13
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 March
7, 2007. Comments must be received on
or before March 16, 2007.
ADDRESSES: You may submit comments
identified by DOT Docket Management
System (DMS) Docket Numbers
FMCSA–00–7363, FMCSA–00–7918,
FMCSA–02–13411, 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
ycherry on PROD1PC64 with PRELIMS
DATES:
VerDate Aug<31>2005
17:27 Feb 13, 2007
Jkt 211001
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 13
individuals who have requested renewal
of their exemptions in a timely manner.
FMCSA has evaluated these 13
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period. They
are:
Henry Ammons, Jr., Michael D.
Archibald, Robert D. Bonner, David S.
Carman, Cedric E. Foster, Glen T.
Garrabrant, Alan L. Johnston, Dennis
I. Nelson, Rance A. Powell, Shannon
E. Rasmussen, James R. Rieck,
Garfield A. Smith, Henry L. Walker.
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
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retention in the driver’s qualification
file and retain a copy of the certification
of 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 13 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR
77066; 68 FR 10300; 70 FR 7546; 65 FR
66286; 66 FR 13825; 67 FR 76439; 68 FR
10298; 70 FR 7545). Each of these 13
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 safety 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 16,
2007.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Notices
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 13
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 February 7, 2007.
Pamela M. Pelcovits,
Associate Administrator for Policy and
Program Development, Acting.
[FR Doc. 07–654 Filed 2–13–07; 8:45 am]
BILLING CODE 4910–EX–M
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket Number NHTSA–2007–
27204]
Reports, Forms, and Recordkeeping
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for public comment on
extension of a currently approved
collection of information.
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AGENCY:
SUMMARY: Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
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17:27 Feb 13, 2007
Jkt 211001
comment on proposed collections of
information, including extensions and
reinstatement of previously approved
collections. This document describes an
existing collection of information for
Federal Motor Vehicle Safety Standard
(FMVSS) No. 106, for which NHTSA
intends to seek renewed OMB approval.
DATES: Comments must be received on
or before April 16, 2007.
ADDRESSES: Comments must refer to the
docket notice numbers cited at the
beginning of this notice and be
submitted to Docket Management, Room
PL–401, 400 Seventh Street, SW.,
Washington, DC 20590. The telephone
number for the Docket Management
System is (800) 647–5527. Please
identify the proposed collection of
information for which a comment is
provided, by referencing its OMB
clearance Number. It is requested, but
not required, that 2 copies of the
comment be provided. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. Alternatively, you may
submit your comments electronically by
logging onto the Docket Management
System Web site at https://dms.dot.gov
Click on ‘‘Help and Information’’ or
‘‘Help/Info’’ to view instructions for
filing your comments electronically.
Regardless of how you submit your
comments, refer to the docket number of
this document.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Woods, Office of Crash Avoidance
Standards, 400 Seventh Street, SW., DC
20590. Mr. Woods’ telephone number is
(202) 366–6206. His FAX number is
(202) 366–7002. Please identify the
relevant collection of information by
referring to the OMB Control Number,
2127–0052.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
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Fmt 4703
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7113
validity of the methodology and
assumptions used;
(3) How to enhance the quality,
utility, and clarity of the information to
be collected;
(4) How to minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g. permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collection of information:
Title: Brake Hose Manufacturing
Identification, Federal Motor Vehicle
Safety Standard (FMVSS) No. 106.
OMB Control Number: 2127–0052.
Type of Request: Request for public
comment on extension of a currently
approved collection of information.
Abstract: 49 U.S.C. 30101 et seq., as
amended (‘‘the Safety Act’’), authorizes
NHTSA to issue Federal Motor Vehicle
Safety Standards (FMVSS). The Safety
Act mandates that in issuing any
Federal motor vehicle safety standards,
the agency is to consider whether the
standard is reasonable and appropriate
for the particular type of motor vehicle
or item of motor vehicle equipment for
which it is prescribed. Using this
authority, FMVSS No. 106, Brake Hoses,
was issued. This standard specifies
labeling and performance requirements
for all motor vehicle brake hose
assemblers, brake hose and brake hose
end fittings manufacturers for
automotive vehicles. Prior to selling
brake hoses, these entities must register
their identification marks with NHTSA
to comply with the labeling
requirements of this standard. In
accordance with the Paperwork
Reduction Act, the agency must obtain
OMB approval to continue collecting
labeling information.
Currently, there are 1,612
manufacturers of hoses and assemblies
registered with NHTSA. However, only
approximately 20 respondents annually
request to have their symbol added to or
removed from the NHTSA database. To
comply with this standard, each brake
hose manufacturer or assembler must
contact NHTSA and state that they want
to be added to or removed from the
NHTSA database of registered brake
hose manufacturers. This action is
usually initiated by the manufacturer
with a brief written request via U.S.
mail, facsimile, an e-mail message, or a
telephone call. Currently, a majority of
the requests are received via U.S. mail
and the follow-up paperwork is
conducted via facsimile, U.S. mail, or
E:\FR\FM\14FEN1.SGM
14FEN1
Agencies
[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Notices]
[Pages 7111-7113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-654]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-00-7363, FMCSA-00-7918, FMCSA-02-13411]
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
[[Page 7112]]
the vision requirement in the Federal Motor Carrier Safety Regulations
for 13 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 March 7, 2007. Comments must be
received on or before March 16, 2007.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Numbers FMCSA-00-7363, FMCSA-00-7918, FMCSA-02-
13411, 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 13
individuals who have requested renewal of their exemptions in a timely
manner. FMCSA has evaluated these 13 applications for renewal on their
merits and decided to extend each exemption for a renewable two-year
period. They are:
Henry Ammons, Jr., Michael D. Archibald, Robert D. Bonner, David S.
Carman, Cedric E. Foster, Glen T. Garrabrant, Alan L. Johnston, Dennis
I. Nelson, Rance A. Powell, Shannon E. Rasmussen, James R. Rieck,
Garfield A. Smith, Henry L. Walker.
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 of 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 13 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR 77066; 68 FR 10300; 70 FR 7546; 65 FR
66286; 66 FR 13825; 67 FR 76439; 68 FR 10298; 70 FR 7545). Each of
these 13 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 safety 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 16, 2007.
FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and
[[Page 7113]]
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 13
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 February 7, 2007.
Pamela M. Pelcovits,
Associate Administrator for Policy and Program Development, Acting.
[FR Doc. 07-654 Filed 2-13-07; 8:45 am]
BILLING CODE 4910-EX-M