Qualification of Drivers; Exemption Renewals; Vision, 11928-11929 [E7-4634]

Download as PDF 11928 Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices ‘‘Royal Portraits of Celebration’’, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the National Portrait Gallery, Smithsonian Institution, Washington, DC, from on or about April 27, 2007, until on or about September 3, 2007, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. For Further Information Contact: For further information, including a list of the exhibit objects, contact Paul Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202) 453–8050). The address is U.S. Department of State, SA– 44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. Dated: March 5, 2007. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7–4660 Filed 3–13–07; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Office of the Secretary cprice-sewell on PROD1PC66 with NOTICES Aviation Proceedings, Agreements Filed the Week Ending March 2, 2007 The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1383 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. Docket Number: OST–2007–27396. Date Filed: February 26, 2007. Parties: Members of the International Air Transport Association. Subject: TC23 Middle East—TC3 Resolutions. (Memo 0305) Minutes: TC32 Middle East—TC3 Resolutions (Memo 0317) Intended effective date: 1 April 2007. Docket Number: OST–2007–27397. Date Filed: February 26, 2007. Parties: Members of the International Air Transport Association. Subject: TC23 Africa—TC3. Areawide Resolutions (Memo 0314) VerDate Aug<31>2005 15:03 Mar 13, 2007 Jkt 211001 Minutes: TC23 Middle East, Africa— TC3 Passenger Tariff Coordinating Conference (Memo 0321) Intended effective date: 1 April 2007. Docket Number: OST–2007–27424. Date Filed: February 27, 2007. Parties: Members of the International Air Transport Association. Subject: TC23 Middle East—South Asian Subcontinent. Resolutions and Fares Tables (Memo 0309) Minutes: TC32 Middle East—TC3 Resolutions (Memo 0317) Intended effective date: 1 April 2007. Docket Number: OST–2007–27425. Date Filed: February 27, 2007. Parties: Members of the International Air Transport Association. Subject: TC23 Middle East—South West Pacific. Resolutions and Fares Tables (Memo 0304) Minutes: TC32 Middle East—TC3 Resolutions (Memo 0317) Intended effective date: 1 April 2007. Docket Number: OST–2007–27426. Date Filed: February 27, 2007. Parties: Members of the International Air Transport Association. Subject: TC23 Middle East—South West Pacific. Resolutions and Fares Tables (Memo 0304) Minutes: TC32 Middle East—TC3 Resolutions (Memo 0317) Intended effective date: 1 April 2007. Docket Number: OST–2007–27450. Date Filed: March 1, 2007. Parties: Members of the International Air Transport Association. Subject: Resolution 015h. USA Add-ons between USA and UK (Memo 0202) Intended effective date: 1 April 2007. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7–4636 Filed 3–13–07; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending March 2, 2007 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: OST–2007–27402. Date Filed: February 26, 2007. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: March 19, 2007. Description: Application of Porter Airlines Inc. requesting and foreign air carrier permit authorizing scheduled air transportation of persons, property and mail between a point or points in Canada on the one hand, and a point or points in the United States, on the other hand. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7–4637 Filed 3–13–07; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–00–7363, FMCSA–04– 17984, FMCSA–04–18885] Qualification of Drivers; Exemption Renewals; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 8 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comments submitted in response to the previous announcement and 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. FOR FURTHER INFORMATION CONTACT: Mary D. Gunnels, Chief, Physical E:\FR\FM\14MRN1.SGM 14MRN1 Dr. Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices 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., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Document Management System (DMS) at https://dmses.dot.gov. cprice-sewell on PROD1PC66 with NOTICES Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on February 2, 2007. Discussion of Comments FMCSA received two comments in these proceedings. The comments were considered and discussed below. Ms. Sachau believes that the approval or renewal of vision exemptions make the roads much more dangerous. A review of each record for safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. To evaluate the effect of these exemptions on safety, FMCSA considered not only the medical reports about the applicants’ vision, but also their driving records and experience with the vision deficiency. To qualify for an exemption from the vision standard, FMCSA requires a person to present verifiable evidence that he or she has driven a commercial vehicle safely with the vision deficiency for 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at docket number FMCSA–98– 3637. Advocates for Highway and Auto Safety (Advocates) expressed opposition to FMCSA’s policy to grant exemptions from the FMCSR, including the driver qualification standards. Specifically, Advocates: (1) Objects to the manner in VerDate Aug<31>2005 15:03 Mar 13, 2007 Jkt 211001 which FMCSA presents driver information to the public and makes safety determinations; (2) objects to the Agency’s reliance on conclusions drawn from the vision waiver program; (3) claims the Agency has misinterpreted statutory language on the granting of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests that a 1999 Supreme Court decision affects the legal validity of vision exemptions. The issues raised by Advocates were addressed at length in 64 FR 51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR 69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230 (September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not address these points again here, but refer interested parties to those earlier discussions. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 8 renewal applications, FMCSA renews the Federal vision exemptions for David D. Bungori, Jr., David R. Cox, Timothy A. DeFrange, Robert T. Hill, Francisco J. Jimenez, Robert B. Schmitt, Rick N. Ulrich, and Larry D. Wedekind. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked 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 and 31315. Issued on: March 7, 2007. Larry W. Minor, Office Director, Bus and Truck Standards Operations. [FR Doc. E7–4634 Filed 3–13–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Product Development Although not required, notice is hereby given that the Federal Railroad Administration (FRA) has received a Notice of Product Development (NPD) from the Union Pacific Railroad Company (UP), pursuant to Title 49 Code of Federal Regulations (CFR) Section 236.913(d)(1) for Phases 1 and 2 of the development of a PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 11929 Communications Based Train Control (CBTC) system. A brief summary of the NPD, including the party submitting it, and the requisite docket number are as follows. Union Pacific Railroad Company [Waiver Docket Number FRA–2007–27322] UP submitted an NPD of its CBTC system for Phases 1 and 2. The proposed CBTC system is a safety-critical, microprocessor-based system, designed to provide the enforcement of movement authorities and speed restrictions for CBTC-equipped locomotives, and provide the locomotive engineer an assist function to optimize train handling. Phase 1 of the CBTC is a non-vital safety overlay based on BNSF’s Electronic Train Management System, previously approved under Docket Number FRA– 2006–23687. Phase 2 of the CBTC implements the functionality of Phase 1 using a vital onboard architecture. Interested parties are invited to review the notification and associated documents at the following locations: • Web site: https://dms.dot.gov. Follow the instructions for a simple search on the DOT electronic docket site; and/or • DOT Central Docket Management Facility, 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. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site, https://dms.dot.gov. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). The Statement may also be found at https://dms.dot.gov. Issued in Washington, DC, on March 7, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–4581 Filed 3–13–07; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Notices]
[Pages 11928-11929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4634]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-00-7363, FMCSA-04-17984, FMCSA-04-18885]


Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 8 individuals. FMCSA has statutory authority to 
exempt individuals from the vision requirement if the exemptions 
granted will not compromise safety. The Agency has reviewed the 
comments submitted in response to the previous announcement and 
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.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical

[[Page 11929]]

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., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Document Management 
System (DMS) at https://dmses.dot.gov.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-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 statute also allows the 
Agency to renew exemptions at the end of the 2-year period. The comment 
period ended on February 2, 2007.

Discussion of Comments

    FMCSA received two comments in these proceedings. The comments were 
considered and discussed below.
    Ms. Sachau believes that the approval or renewal of vision 
exemptions make the roads much more dangerous.
    A review of each record for safety while driving with the 
respective vision deficiencies over the past two years indicates each 
applicant continues to meet the vision exemption standards. To evaluate 
the effect of these exemptions on safety, FMCSA considered not only the 
medical reports about the applicants' vision, but also their driving 
records and experience with the vision deficiency. To qualify for an 
exemption from the vision standard, FMCSA requires a person to present 
verifiable evidence that he or she has driven a commercial vehicle 
safely with the vision deficiency for 3 years. Recent driving 
performance is especially important in evaluating future safety, 
according to several research studies designed to correlate past and 
future driving performance. Results of these studies support the 
principle that the best predictor of future performance by a driver is 
his/her past record of crashes and traffic violations. Copies of the 
studies may be found at docket number FMCSA-98-3637.
    Advocates for Highway and Auto Safety (Advocates) expressed 
opposition to FMCSA's policy to grant exemptions from the FMCSR, 
including the driver qualification standards. Specifically, Advocates: 
(1) Objects to the manner in which FMCSA presents driver information to 
the public and makes safety determinations; (2) objects to the Agency's 
reliance on conclusions drawn from the vision waiver program; (3) 
claims the Agency has misinterpreted statutory language on the granting 
of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests 
that a 1999 Supreme Court decision affects the legal validity of vision 
exemptions.
    The issues raised by Advocates were addressed at length in 64 FR 
51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR 
69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230 
(September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not 
address these points again here, but refer interested parties to those 
earlier discussions.

Conclusion

    The Agency has not received any adverse evidence on any of these 
drivers that indicates that safety is being compromised. Based upon its 
evaluation of the 8 renewal applications, FMCSA renews the Federal 
vision exemptions for David D. Bungori, Jr., David R. Cox, Timothy A. 
DeFrange, Robert T. Hill, Francisco J. Jimenez, Robert B. Schmitt, Rick 
N. Ulrich, and Larry D. Wedekind.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal 
exemption will be valid for 2 years unless revoked earlier by FMCSA. 
The exemption will be revoked 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 and 31315.

    Issued on: March 7, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards Operations.
 [FR Doc. E7-4634 Filed 3-13-07; 8:45 am]
BILLING CODE 4910-EX-P