Qualification of Drivers; Exemption Renewals; Vision, 18727-18728 [E7-6999]

Download as PDF Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices 18727 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 16 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Rodger B. Anders .............................................. John D. Bolding, Jr ............................................ Michael P. Curtin ............................................... Richard L. Elyard ............................................... Michael R. Forschino ......................................... William H. Goss ................................................. David R. Gross ................................................. James K. Holmes ............................................. Christopher J. Kane ......................................... Michael L. Manning .......................................... Kirby G. Oathout. James R. Petre. William E. Reveal Duane L. Riendeau Daniel J. Schaap Janusz Tyrpien 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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. pwalker on PROD1PC71 with NOTICES absent such exemption.’’ The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This notice addresses 16 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. 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. 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 16 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 30285; 63 FR 54519; 65 FR 66293; 67 FR 71610; 69 FR 71098; 63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 15037; 70 FR 16886; 65 FR 66286; 66 FR 13825; 68 FR 13360; 70 FR 14747; 67 FR 76439; 68 FR 10298; 70 FR 7543; 67 FR 68719; 68 FR 2629; 68 FR 10301; 68 FR 19596; 70 FR 2701; 70 FR 16887). Each of these 16 applicants has requested timely renewal of the exemption and has submitted evidence VerDate Aug<31>2005 17:52 Apr 12, 2007 Jkt 211001 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 May 14, 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 16 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. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 Issued on: April 9, 2007. Larry W. Minor, Acting, Associate Administrator. [FR Doc. E7–6998 Filed 4–12–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–98–4334, FMCSA–00– 7363, FMCSA–00–7918, FMCSA–02–13411] 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 28 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\13APN1.SGM 13APN1 Dr. 18728 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices Qualifications Division, (202) 366–4001, fmcsamedical@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. pwalker on PROD1PC71 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 periods ended on March 16, and March 22, 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 does not take into account the issue of safety on the road and granting exemptions only makes 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 VerDate Aug<31>2005 17:52 Apr 12, 2007 Jkt 211001 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. DEPARTMENT OF TRANSPORTATION Conclusion [Waiver Docket Number FRA–2007–27600] 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 28 renewal applications, FMCSA renews the Federal vision exemptions for Henry Ammons, Jr., Michael D. Archibald, Robert D. Bonner, Howard K. Bradley, Kirk G. Braegger, Ambroiso E. Calles, David S. Carman, Jose G. Cruz, Everett A. Doty, Cedric E. Foster, Glen T. Garrabrant, Donald J. Goretski, Harry P. Henning, Christopher L. Humphries, Alan L. Johnston, Ralph J. Miles, Dennis I. Nelson, William R. New, Rance A. Powell, Shannon E. Rasmussen, James R. Rieck, Thomas C. Rylee, Stanley B. Salkowski, III., Garfield A. Smith, Michael G. Thomas, William H. Twardus, Henry L. Walker, and Ronald Watt. 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: April 6, 2007. Larry W. Minor, Acting, Associate Administrator, Policy and Program Development. [FR Doc. E7–6999 Filed 4–12–07; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Federal Railroad Administration Notice of Petitions for Approval; Railroad Safety Program Plans Although not required, the Federal Railroad Administration (FRA) is providing notice that it has received petitions for approval of two Railroad Safety Program Plans (RSPP) submitted pursuant to 49 Code of Federal Regulations (CFR) part 236, subpart H. The individual petitions are described below, including the party seeking approval and the requisite docket numbers where the petitions and any related information may be found. These documents are available for public inspection; however, FRA is not accepting public comment on the documents as this notice is provided for information only. Alaska Railroad Corporation (ARRC) ARRC submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. Norfolk Southern Corporation (NS) [Waiver Docket Number FRA–2006–26260] NS submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://dms.dot.gov. You may review 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 April 9, 2007. Grady C. Cothen Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–7069 Filed 4–12–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Notices]
[Pages 18727-18728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6999]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-98-4334, FMCSA-00-7363, FMCSA-00-7918, FMCSA-02-
13411]


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 28 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 18728]]

Qualifications Division, (202) 366-4001, fmcsamedical@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 
periods ended on March 16, and March 22, 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 does not take into account the issue of safety on the road 
and granting exemptions only makes 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 28 renewal applications, FMCSA renews the Federal 
vision exemptions for Henry Ammons, Jr., Michael D. Archibald, Robert 
D. Bonner, Howard K. Bradley, Kirk G. Braegger, Ambroiso E. Calles, 
David S. Carman, Jose G. Cruz, Everett A. Doty, Cedric E. Foster, Glen 
T. Garrabrant, Donald J. Goretski, Harry P. Henning, Christopher L. 
Humphries, Alan L. Johnston, Ralph J. Miles, Dennis I. Nelson, William 
R. New, Rance A. Powell, Shannon E. Rasmussen, James R. Rieck, Thomas 
C. Rylee, Stanley B. Salkowski, III., Garfield A. Smith, Michael G. 
Thomas, William H. Twardus, Henry L. Walker, and Ronald Watt.
    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: April 6, 2007.
Larry W. Minor,
Acting, Associate Administrator, Policy and Program Development.
 [FR Doc. E7-6999 Filed 4-12-07; 8:45 am]
BILLING CODE 4910-EX-P