Qualification of Drivers; Exemption Applications; Vision, 11426-11428 [E7-4496]
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11426
Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices
cprice-sewell on PROD1PC66 with NOTICES
Jose M. Limon-Alvarado
Eugene R. Lydick
John W. Montgomery
Zeljko Popovac
Richie J. Schwendy
Scottie Stewart
Artis Suitt
Clarence L. Swann, Jr.
Kerry W. VanStory
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for two years unless rescinded earlier by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rescinded if: (1) The person fails to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
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 15 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 78256; 66 FR
16311; 68 FR 13360; 70 FR 12265; 67 FR
68719; 68 FR 2629; 70 FR 16887; 69 FR
33997; 69 FR 61292; 70 FR 2701). Each
of these 15 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
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14:58 Mar 12, 2007
Jkt 211001
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.
DEPARTMENT OF TRANSPORTATION
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 April 12,
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 15
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.
AGENCY:
Issued on: March 6, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards and
Operations.
[FR Doc. E7–4495 Filed 3–12–07; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
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Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–00–7363, FMCSA–00–
7918, FMCSA–00–8398, FMCSA–02–12844,
FMCSA–02–13411]
Qualification of Drivers; Exemption
Applications; Vision
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 19
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
23, 2007. Comments must be received
on or before April 12, 2007.
ADDRESSES: You may submit comments
identified by DOT Docket Management
System (DMS) Docket Numbers
FMCSA–00–7363, FMCSA–00–7918,
FMCSA–00–8398, FMCSA–02–12844,
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.
E:\FR\FM\13MRN1.SGM
13MRN1
Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices
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 online.
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; April 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:
cprice-sewell on PROD1PC66 with NOTICES
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 19
individuals who have requested renewal
of their exemptions in accordance with
FMCSA procedures. FMCSA has
evaluated these 19 applications for
renewal on their merits and decided to
extend each exemption for a renewable
two-year period. They are:
Carl W. Adams
David W. Ball
Joseph M. Blankenship
Mark L. Braun
Willie Burnett, Jr.
Donald K. Driscoll
VerDate Aug<31>2005
14:58 Mar 12, 2007
Jkt 211001
Jerald O. Edwards
Elias Gomez, Jr.
William G. Holland
Bruce G. Horner
Thomas F. Marczewski
Roy E. Mathews
James T. McGraw, Jr.
Carl A. Michel, Sr.
Robert A. Moss
Bobby G. Pool, Sr.
Thaddeus E. Temoney
Harry C. Weber
Yu Weng
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
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 19 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR
77066; 68 FR 13360; 70 FR 12265; 65 FR
66286; 66 FR 13825; 68 FR 10300; 70 FR
7546; 65 FR 78256; 66 FR 16311; 67 FR
68719; 68 FR 2629; 70 FR 7545; 67 FR
76439; 68 FR 10298). Each of these 19
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
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Frm 00108
Fmt 4703
Sfmt 4703
11427
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 April 12,
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 19
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.
E:\FR\FM\13MRN1.SGM
13MRN1
11428
Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices
Issued on: March 6, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards and
Operations.
[FR Doc. E7–4496 Filed 3–12–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No.
7)]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
AGENCY:
Surface Transportation Board,
DOT.
Partial Revocation of
Exemption.
ACTION:
cprice-sewell on PROD1PC66 with NOTICES
SUMMARY: The Board, under 49 U.S.C.
10502, revokes the class exemption as it
pertains to the modified trackage rights
described in STB Finance Docket No.
34554 (Sub-No. 6) 1 to permit the
trackage rights to expire on or about
December 31, 2007, in accordance with
the agreement of the parties,2 subject to
the employee protective conditions set
forth in Oregon Short Line R. Co.—
1 On December 29, 2006, Union Pacific Railroad
Company (UP) concurrently filed a verified notice
of exemption under the Board’s class exemption
procedures at 49 CFR 1180.2(d)(7). The notice
covered the agreement by the BNSF Railway
Company (BNSF) to extend the expiration date of
the local trackage rights granted to UP over BNSF’s
line of railroad between BNSF milepost 579.3 near
Mill Creek, OK, and BNSF milepost 631.1 near Joe
Junction, TX, a distance of approximately 51 miles.
UP submits that the trackage rights are only
temporary rights, but, because they are ‘‘local’’
rather than ‘‘overhead’’ rights, they do not qualify
for the Board’s class exemption for temporary
trackage rights at 49 CFR 1180.2(d)(8). See Union
Pacific Railroad Company—Temporary Trackage
Rights Exemption—BNSF Railway Company, STB
Finance Docket No. 34554 (Sub-No. 6) (STB served
Jan. 12, 2007).
2 The original trackage rights granted in Union
Pacific Railroad Company—Temporary Trackage
Rights Exemption—The Burlington Northern and
Santa Fe Railway Company, STB Finance Docket
No. 34554 (STB served Oct. 7, 2004), also extended
from BNSF milepost 579.3 near Mill Creek, OK, to
BNSF milepost 631.1 near Joe Junction, TX. By
decisions served on November 24, 2004, in STB
Finance Docket No. 34554 (Sub-No. 1), on March
25, 2005, in STB Finance Docket No. 34554 (SubNo. 3), and on March 23, 2006, in STB Finance
Docket No. 34554 (Sub-No. 5), the Board granted
exemptions to permit the trackage rights authorized
in STB Finance Docket No. 34554 and extended in
STB Finance Docket No. 34554 (Sub-No. 2), served
on February 11, 2005, and in STB Finance Docket
No. 34554 (Sub-No. 4), served on March 3, 2006,
to expire. At the time of the last extension, it was
anticipated by the parties that the rights would
expire on or about December 31, 2006. However,
this authority had not yet been exercised at the time
of filing of the notice of exemption in STB Finance
Docket No. 34554 (Sub-No. 6) for a further
extension of the expiration date.
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14:58 Mar 12, 2007
Jkt 211001
Abandonment—Goshen, 360 I.C.C. 91
(1979).
DATES: This exemption is effective on
April 12, 2007. Petitions to stay must be
filed by March 23, 2007. Petitions to
reopen must be filed by April 2, 2007.
ADDRESSES: An original and 10 copies of
all pleadings referring to STB Finance
Docket No. 34554 (Sub-No. 7) must be
filed with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001. In addition, a copy of
all pleadings must be served on
petitioner’s representative: Gabriel S.
Meyer, 1400 Douglas Street, STOP 1580,
Omaha, NE 68179.
FOR FURTHER INFORMATION CONTACT:
Joseph H. Dettmar (202) 245–0395.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.]
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision. To purchase a
copy of the full decision, write to, email or call: ASAP Document Solutions,
9332 Annapolis Rd., Suite 103, Lanham,
MD 20706; e-mail asapdc@verizon.net;
telephone (202) 306–4004. [Assistance
for the hearing impaired is available
through FIRS at 1–800–877–8339.]
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: March 5, 2007.
By the Board, Chairman Nottingham, Vice
Chairman Buttrey, and Commissioner
Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7–4424 Filed 3–12–07; 8:45 am]
BILLING CODE 4915–01–P
The meeting will be held
Thursday, April 5, 2007 from 1 p.m. ET.
FOR FURTHER INFORMATION CONTACT:
Sallie Chavez at 1–888–912–1227, or
954–423–7979.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to section 10 (a)
(2) of the Federal Advisory Committee
Act, 5 U.S.C. App. (1988) that an open
meeting of the Wage & Investment
Reducing Taxpayer Burden (Notices)
Issue Committee of the Taxpayer
Advocacy Panel will be held Thursday,
April 5, 2007 from 1 p.m. ET via a
telephone conference call. If you would
like to have the TAP consider a written
statement, please call 1–888–912–1227
or 954–423–7979, or write Sallie
Chavez, TAP Office, 1000 South Pine
Island Road, Suite 340, Plantation, FL
33324. Due to limited conference lines,
notification of intent to participate in
the telephone conference call meeting
must be made with Sallie Chavez. Ms.
Chavez can be reached at 1–888–912–
1227 or 954–423–7979, or post
comments to the Web site:
https://www.improveirs.org.
The agenda will include: Various IRS
issues.
DATES:
Dated: March 7, 2007.
John Fay,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E7–4467 Filed 3–12–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of the Taxpayer
Assistance Center Committee of the
Taxpayer Advocacy Panel
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice.
AGENCY:
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of the Wage &
Investment Reducing Taxpayer Burden
(Notices) Issue Committee of the
Taxpayer Advocacy Panel
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice.
AGENCY:
SUMMARY: An open meeting of the Wage
& Investment Reducing Taxpayer
Burden (Notices) Issue Committee of the
Taxpayer Advocacy Panel will be
conducted (via teleconference). The
Taxpayer Advocacy Panel is soliciting
public comments, ideas and suggestions
on improving customer service at the
Internal Revenue Service.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
SUMMARY: An open meeting of the
Taxpayer Assistance Center Committee
of the Taxpayer Advocacy Panel will be
conducted (via teleconference). The
Taxpayer Advocacy Panel (TAP) is
soliciting public comments, ideas, and
suggestions on improving customer
service at the Internal Revenue Service.
DATES: The meeting will be held
Tuesday, April 3, 2007.
FOR FURTHER INFORMATION CONTACT:
Dave Coffman at 1–888–912–1227, or
206–220–6096.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Taxpayer
Assistance Center Committee of the
E:\FR\FM\13MRN1.SGM
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Agencies
[Federal Register Volume 72, Number 48 (Tuesday, March 13, 2007)]
[Notices]
[Pages 11426-11428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4496]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-00-7363, FMCSA-00-7918, FMCSA-00-8398, FMCSA-02-
12844, 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 the
vision requirement in the Federal Motor Carrier Safety Regulations for
19 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 23, 2007. Comments must be
received on or before April 12, 2007.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Numbers FMCSA-00-7363, FMCSA-00-7918, FMCSA-00-
8398, FMCSA-02-12844, 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.
[[Page 11427]]
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 online.
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; April 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 19
individuals who have requested renewal of their exemptions in
accordance with FMCSA procedures. FMCSA has evaluated these 19
applications for renewal on their merits and decided to extend each
exemption for a renewable two-year period. They are:
Carl W. Adams
David W. Ball
Joseph M. Blankenship
Mark L. Braun
Willie Burnett, Jr.
Donald K. Driscoll
Jerald O. Edwards
Elias Gomez, Jr.
William G. Holland
Bruce G. Horner
Thomas F. Marczewski
Roy E. Mathews
James T. McGraw, Jr.
Carl A. Michel, Sr.
Robert A. Moss
Bobby G. Pool, Sr.
Thaddeus E. Temoney
Harry C. Weber
Yu Weng
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 for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 19 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR 77066; 68 FR 13360; 70 FR 12265; 65 FR
66286; 66 FR 13825; 68 FR 10300; 70 FR 7546; 65 FR 78256; 66 FR 16311;
67 FR 68719; 68 FR 2629; 70 FR 7545; 67 FR 76439; 68 FR 10298). Each of
these 19 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 April 12, 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 19 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.
[[Page 11428]]
Issued on: March 6, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
[FR Doc. E7-4496 Filed 3-12-07; 8:45 am]
BILLING CODE 4910-EX-P