Qualification of Drivers; Exemption Applications; Vision, 28093-28095 [E7-9585]
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Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Notices
Transportation Board. DOT’s Docket
Operations facility is moving to 1200
New Jersey Avenue, SE., Washington,
DC 20590 and will be located on the
West Building Ground Floor, Room
W12–140. Hours for the new facility
will continue to be 9 a.m. to 5 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Operations
telephone number will continue to be
(202) 366–9826.
1. To prepare for the relocation to the
new facility, the Docket Operations
office will be closed to the public on
Friday, May 25, 2007, through Tuesday,
May 29, 2007. The office will reopen to
the public on Wednesday, May 30, 2007
at the new facility.
2. To move the computers that host
the electronic dockets, the DMS will be
unavailable for use from Wednesday,
June 13, 2007, through Sunday, June 17,
2007. The electronic docket will again
be available to users starting on June 18,
2007.
FOR FURTHER INFORMATION CONTACT:
Renee V. Wright, Program Manager,
Docket Operations, Office of
Information Services, Office of the
Assistant Secretary for Administration,
Office of the Secretary, 400 7th Street,
SW., Washington, DC 20590 until May
24, 2007, and at West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE, after that; telephone
number: 202–366–9826; e-mail address:
renee.wright@dot.gov.
SUPPLEMENTARY INFORMATION:
A. How can I access docket materials
during the office closure?
During the closure of the Dockets
Operations Facility, May 25, 2007,
through May 29, 2007, docket materials
will remain available to the public
through the DMS at https://dms.dot.gov,
which is available 24 hours a day/7 days
a week. The electronic dockets will
continue to be available through June
12, 2007, and will be available to users
again on June 18, 2007.
pwalker on PROD1PC71 with NOTICES
B. How can I submit public docket
material for rulemakings,
adjudications, and other matters during
these disruptions?
Public docket material may continue
to be submitted by one of the following
methods:
1. During the office closure May 25,
2007, through May 29, 2007:
a. Electronically through the DMS at
https://dms.dot.gov, which is available
24 hours a day/7 days a week. Follow
the online instructions for submitting
comments.
b. By mail through the U.S. Postal
Service after Thursday, May 24, 2007,
VerDate Aug<31>2005
17:06 May 17, 2007
Jkt 211001
addressed to: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
Mail will be forwarded to the new
building during this transition period.
2. When the DMS computer is down
from June 13, 2007, through June 17,
2007:
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
Note, however, that office staff will
not begin to place documents received
during this period into the DMS
electronic system until the computer
goes back on line June 18, 2007.
C. What about courier deliveries?
Docket Operations staff will continue
to accept deliveries at 400 7th Street,
SW., Room PL–401, Washington, DC,
until 5 p.m., Thursday, May 24, 2007.
Beginning at 9 a.m. on Wednesday,
May 30, 2007, Docket Operations staff
will be available to accept deliveries at
the new DOT facility on the West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
D. What if a deadline for submission or
a need for an emergency filing occurs
during the time the Docket Operations
office is closed for the move or the
computers are out-of-service?
Electronic submissions will still be
received during the office move, May
25, 2007, through May 29, 2007.
However, they will not be received
during the period the computers are
down from June 13, 2007, through June
17, 2007. Documents will not be entered
into the DMS until the office reopens on
May 30, 2007, and until June 18, 2007,
when the computers come back on line.
Hard copy submissions delivered to
Docket Operations by May 30, 2007,
will be treated as received in a timely
manner if they were due during the
office’s closure. Generally, time periods/
due dates for responsive filings for
submissions due during the May office
closure will be extended from May 30,
2007, and June 18, 2007, when DMS
operations resume. These time periods
of closure and computer inaccessibility
will be considered ‘‘holidays’’ for
purposes of procedural rules.
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28093
Persons filing emergency applications
or other such documents or who have
questions about the timing of filings
should contact the appropriate DOT
agency for specific information about
deadlines and extensions.
E. Does this notice apply to all DOT
operating administrations and to the
Office of Secretary (OST)?
Yes. It applies to the Federal Aviation
Administration (FAA), the National
Highway Traffic Safety Administration
(NHTSA), the Federal Highway
Administration (FHWA), the Federal
Railroad Administration (FRA), the
Federal Motor Carrier Safety
Administration (FMCSA), the Research
and Innovative Technology
Administration (RITA), the Federal
Transit Administration (FTA), the
Maritime Administration (MARAD), the
Pipeline and Hazardous Materials Safety
Administration (PHMSA), the Saint
Lawrence Seaway Development
Corporation (SLSDC), and the Office of
the Secretary (OST).
The Transportation Security
Administration (TSA) and the United
States Coast Guard (USCG) also use the
DMS.
Dated: May 11, 2007.
Neil R. Eisner,
Assistant General Counsel for Regulation and
Enforcement.
[FR Doc. E7–9565 Filed 5–17–07; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–00–7918, FMCSA–00–
8398, FMCSA–02–13411, FMCSA–03–14223,
FMCSA–03–14504]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 22
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
E:\FR\FM\18MYN1.SGM
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28094
Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Notices
commercial motor vehicle (CMV)
drivers.
This decision is effective June 4,
2007. Comments must be received on or
before June 18, 2007.
ADDRESSES: You may submit comments
identified by DOT Docket Management
System (DMS) Docket Numbers
FMCSA–00–7918, FMCSA–00–8398,
FMCSA–02–13411, FMCSA–03–14223,
FMCSA–03–14504, 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.
pwalker on PROD1PC71 with NOTICES
DATES:
VerDate Aug<31>2005
17:06 May 17, 2007
Jkt 211001
Dr.
Mary D. Gunnels, Chief, Physical
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., E.T.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 22
individuals who have requested renewal
of their exemptions in accordance with
FMCSA procedures. FMCSA has
evaluated these 22 applications for
renewal on their merits and decided to
extend each exemption for a renewable
two-year period. They are:
Michael C. Boyne
Clifford D. Carpenter
Timothy H. DuBois
James M. Eads
Alf M. Gronstedt
Dennis K. Harris
Donald E. Howell
Tommy T. Hudson
William D. Johnson
Edward J. Kasper
Jimme D. Kline
Spencer E. Leonard
Phillip L. Mangen
Tommy R. Masterson
Clarence M. Miles
Steven M. Montalbo
Charles J. Rowsey
Vincent Rubino
Randy G. Spilman
Wyatt W. Thayer, Jr.
Thomas S. Thompson
Robert A. Wegner
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
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Sfmt 4703
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 22 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 66286; 66 FR
13825; 68 FR 13360; 70 FR 25878; 65 FR
78256; 66 FR 16311; 67 FR 76439; 68 FR
10298; 68 FR 10301; 68 FR 19596; 68 FR
19598; 68 FR 33570). Each of these 22
applicants has requested 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
E:\FR\FM\18MYN1.SGM
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Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Notices
drivers submit comments by June 18,
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 22
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: May 11, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and
Program Development.
[FR Doc. E7–9585 Filed 5–17–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35018]
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State of Maine—Acquisition
Exemption—Certain Assets of St.
Lawrence & Atlantic Railroad Company
The State of Maine, acting by and
through its Department of
Transportation (Maine DOT), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
acquire from St. Lawrence & Atlantic
Railroad Company (SLR) certain rightof-way and trackage, totaling
approximately 11 miles in Cumberland
County, ME. The rail line (the Subject
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17:06 May 17, 2007
Jkt 211001
line) extends between approximately
milepost 1.74 at Deering and
approximately milepost 12.163 south of
the diamond crossing at Yarmouth
Junction.1
Maine DOT certifies that its projected
annual revenues as a result of the
transaction will not exceed those that
would qualify it as a Class III rail
carrier. The parties state that they
intend to consummate this transaction
on or before June 30, 2007, if all
conditions precedent have been
satisfied. The exemption is scheduled to
become effective on June 6, 2007, which
is 30 days from the May 7, 2007 official
filing date of the notice.
Maine DOT states that it will acquire
SLR’s right, title and interest in the
right-of-way, trackage and other
physical assets associated with the
Subject Line, but will not acquire the
right or obligation to conduct any rail
freight operations thereon. SLR will
retain a permanent and exclusive
easement for freight operation on the
Subject Line.
If the notice contains false or
misleading information, the exemption
is void ab initio. Petitions to reopen the
proceeding to revoke the exemption
under 49 U.S.C. 10502(d) may be filed
at any time. The filing of a petition to
revoke will not automatically stay the
transaction. Any petition for stay will be
due no later than May 30, 2007 (at least
7 days before the effective date of the
exemption).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35018, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on James E.
Howard, One Thompson Square, Suite
201, Charlestown, MA 02129.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: May 10, 2007.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7–9378 Filed 5–17–07; 8:45 am]
BILLING CODE 4915–01–P
1 In the same docket, Maine DOT has
simultaneously filed a joint motion to dismiss its
verified notice of exemption on jurisdictional
grounds. That request will be handled in a separate
Board decision.
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Fmt 4703
Sfmt 4703
28095
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–570 (Sub-No. 2X]
Palouse River & Coulee City Railroad,
Inc.—Abandonment Exemption—in
Latah County, ID
On April 30, 2007, Palouse River &
Coulee City Railroad, Inc. (PRCC) filed
with the Surface Transportation Board a
petition under 49 U.S.C. 10502 for
exemption from the provisions of 49
U.S.C. 10903 to abandon a 0.20-mile
line of railroad extending between
milepost 85.91 and milepost 86.11 in
Moscow, in Latah County, ID. The line
traverses U.S. Postal Service Zip Code
83843, and it includes no stations.
The line does not contain federally
granted rights-of-way. Any
documentation in PRCC’s possession
will be made available promptly to
those requesting it.
The interest of railroad employees
will be protected by the conditions set
forth in Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979).
By issuance of this notice, the Board
is instituting an exemption proceeding
pursuant to 49 U.S.C. 10502(b). A final
decision will be issued by August 17,
2007.
Any offer of financial assistance
(OFA) under 49 CFR 1152.27(b)(2) will
be due no later than 10 days after
service of a decision granting the
petition for exemption. Each offer must
be accompanied by a $1,300 filing fee.
See 49 CFR 1002.2(f)(25).
All interested persons should be
aware that, following abandonment of
rail service and salvage of the line, the
line may be suitable for other public
use, including interim trail use. Any
request for a public use condition under
49 CFR 1152.28 or for trail use/rail
banking under 49 CFR 1152.29 will be
due no later than June 7, 2007. Each
trail use request must be accompanied
by a $200 filing fee. See 49 CFR
1002.2(f)(27).
All filings in response to this notice
must refer to STB Docket No. AB–570
(Sub-No. 2X), and must be sent to: (1)
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001, and (2) Karl Morell, Ball Janik
LLP, 1455 F Street, NW., Suite 225,
Washington, DC 20005. Replies to
PRCC’s petition are due on or before
June 7, 2007.
Persons seeking further information
concerning abandonment procedures
may contact the Board’s Office of Public
Services at (202) 245–0230 or refer to
the full abandonment or discontinuance
E:\FR\FM\18MYN1.SGM
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Agencies
[Federal Register Volume 72, Number 96 (Friday, May 18, 2007)]
[Notices]
[Pages 28093-28095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9585]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-00-7918, FMCSA-00-8398, FMCSA-02-13411, FMCSA-03-
14223, FMCSA-03-14504]
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
22 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
[[Page 28094]]
commercial motor vehicle (CMV) drivers.
DATES: This decision is effective June 4, 2007. Comments must be
received on or before June 18, 2007.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) Docket Numbers FMCSA-00-7918, FMCSA-00-8398, FMCSA-02-
13411, FMCSA-03-14223, FMCSA-03-14504, 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, 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.,
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 22
individuals who have requested renewal of their exemptions in
accordance with FMCSA procedures. FMCSA has evaluated these 22
applications for renewal on their merits and decided to extend each
exemption for a renewable two-year period. They are:
Michael C. Boyne
Clifford D. Carpenter
Timothy H. DuBois
James M. Eads
Alf M. Gronstedt
Dennis K. Harris
Donald E. Howell
Tommy T. Hudson
William D. Johnson
Edward J. Kasper
Jimme D. Kline
Spencer E. Leonard
Phillip L. Mangen
Tommy R. Masterson
Clarence M. Miles
Steven M. Montalbo
Charles J. Rowsey
Vincent Rubino
Randy G. Spilman
Wyatt W. Thayer, Jr.
Thomas S. Thompson
Robert A. Wegner
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 22 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 66286; 66 FR 13825; 68 FR 13360; 70 FR 25878; 65 FR
78256; 66 FR 16311; 67 FR 76439; 68 FR 10298; 68 FR 10301; 68 FR 19596;
68 FR 19598; 68 FR 33570). Each of these 22 applicants has requested
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
[[Page 28095]]
drivers submit comments by June 18, 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 22 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: May 11, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. E7-9585 Filed 5-17-07; 8:45 am]
BILLING CODE 4910-EX-P