Qualification of Drivers; Exemption Renewals; Vision, 44915-44916 [E7-15492]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices depicted on a noise exposure map submitted under § 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the NEMs to resolve questions concerning, for example, which properties should be covered by the provisions of § 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under 14 CFR Part 150 or through FAA’s review of NEMs. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under § 47503 of the Act. The FAA has relied on the certification by the airport operator, under 14 CFR 150.21, that the statutorily required consultation has been accomplished. The FAA has formally received the noise compatibility program amendment for Springfield-Beckley Municipal Airport, also effective on June 25, 2007. Preliminary review of the submitted material indicates that it conforms to the requirements for the submittal of noise compatibility programs, but that further review will be necessary prior to approval or disapproval of the program amendment. The formal review period, limited by law to a maximum of 180 days, will be completed on or before December 21, 2007. The FAA’s detailed evaluation will be conducted under the provisions of 14 CFR 150.33. The primary considerations in the evaluation process are whether the proposed amendment measures may reduce the level of aviation safety, create an undue burden on interstate or foreign commerce, or be reasonably consistent with obtaining the goal of reducing existing non-compatible land uses and preventing the introduction of additional non-compatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the NEMs, the FAA’s evaluation of the maps, and the proposed noise compatibility program amendments are available for examination at the following locations: VerDate Aug<31>2005 18:25 Aug 08, 2007 Jkt 211001 Federal Aviation Administration Detroit Airports District Office, 11677 South Wayne Road, Suite 107, Romulus, Michigan 48174. City of Springfield, Office of the City Manager, 76 E. High Street, Springfield, Ohio 45502. Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Romulus, Michigan: June 25, 2007. Jack Delaney, Acting Manager, Detroit Airports District Office, Great Lakes Region. [FR Doc. 07–3884 Filed 8–8–07; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement; Whiteside County, IL Federal Highway Administration (FHWA), DOT. ACTION: Notice of Intent. AGENCY: SUMMARY: The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for proposed transportation improvements between U.S. Route 30 and IL Route 136 intersection near Fulton, Illinois eastward to the U.S. Route 30 and IL Route 40 intersection in Rock Falls, Illinois. FOR FURTHER INFORMATION CONTACT: Norman R. Stoner, P.E., Division Administrator, Federal Highway Administration, 3250 Executive Park Drive, Springfield, Illinois 62703, Phone: (217) 492–4600. George F. Ryan, P.E., Deputy Director of Highways, Region Two Engineer, Illinois Department of Transportation, 819 Depot Avenue, Dixon, Illinois 61021, Phone: (815) 284–2271. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Illinois Department of Transportation (IDOT), will prepare an environmental impact statement (EIS) on potential transportation improvements along an approximately 24-mile long corridor of U.S. Route 30 in Whiteside County, Illinois. Improvements to the corridor are considered necessary to enhance mobility and improve system continuity. Primary environmental resources that may be affected are: agricultural land, wetlands, floodplains, and streams. Compatibility with the regional land use plans and context sensitivity will also be important considerations. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 44915 Alternatives to be evaluated will include (1) Taking no action: (2) widening portions of the existing twolane highway to four lanes; and (3) constructing a four-lane limited access highway on new location. To help ensure that a full range of issues related to this proposed project are identified and addressed, a comprehensive public involvement program is underway. Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and private organizations and citizens who have previously expressed or are known to have interest in this project. A series of public informational meetings are being held and additional meetings will be held with community advisory groups, local and State officials, and public interest groups. A project web site and project hotline are established. Comments or questions concerning this proposed action and the EIS are invited from all interested parties and should be directed to the FHWA at the address provided above. A public hearing will be held after the draft EIS is published and made available for public and agency review. Public notice will be given of the time and place of meetings and the public hearing. (Catalog of Federal of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program). Issued on: August 2, 2007. Norman R. Stoner, Division Administrator, Springfield, Illinois. [FR Doc. 07–3874 Filed 8–08–07; 8:45 am] BILLING CODE 4910–22–M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–98–3637, FMCSA–98– 4334, FMCSA–99–5748, FMCSA–00–7006, FMCSA–00–7363, FMCSA–00–7918, FMCSA–00–8203, FMCSA–00–8398, FMCSA–01–9258, FMCSA–02–13411, FMCSA–03–14223, FMCSA–03–14504, FMCSA–05–20027, FMCSA–05–20560] 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 E:\FR\FM\09AUN1.SGM 09AUN1 44916 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices Regulations for 52 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 exemption renewals 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 Qualifications Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, 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. mstockstill 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 Notices were published on April 13, June 13, and June 20, 2007. The comment periods ended on May 14, and July 13, and July 20, 2007, respectively. Discussion of Comments FMCSA received the same comment in all three proceedings. The comment was considered and discussed below. 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 VerDate Aug<31>2005 18:25 Aug 08, 2007 Jkt 211001 (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 52 renewal applications, FMCSA renews the Federal vision exemptions for Rodger B. Anders, David F. Bardsley, Sr., Gary A. Barrett, Ivan L. Beal, Johnny A. Beautler, John D. Bolding, Jr., Daniel R. Brewer, James T. Butler, Jr., Darryl D. Cassatt, Brett L. Condon, Mark W. Coulson, Roger K. Cox, Michael P. Curtin, Myron D. Dixon, Albion C. Doe, Richard L. Elyard, Michael R. Forschino, William H. Goss, David R. Gross, James K. Holmes, Thomas E. Howard, John R. Hughes, Daryl A. Jester, Billy L. Johnson, Robert L. Joiner, Jr., James P. Jones, Christopher J. Kane, Clyde H. Kitzan, Larry J. Lang, Dennis D. Lesperance, John W. Locke, Herman G. Lovell, Eugene A. Maggio, Michael L. Manning, Clifford E. Masink, Ronald L. Maynard, William A. Moore, Jr., Kirby G. Oathout, James R. Petre, Danny R. Pickelsimer, Richard C. Rehbein, William E. Reveal, Duane L. Riendeau, Bernard E. Roche, Darrell L. Rohlfs, David E. Sanders, Daniel J. Schaap, David B. Speller, Janusz Tyrpien, Lynn D. Veach, Harry S. Warren, and Michael C. Wines. 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: August 2, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–15492 Filed 8–8–07; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–25854] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption, request for comments. AGENCY: SUMMARY: FMCSA announces receipt of applications from nine individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy (or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV)) from operating CMVs in interstate commerce. If granted, the exemptions would enable these individuals with seizure disorders to operate CMVs in interstate commerce. DATES: Comments must be received on or before September 10, 2007. ADDRESSES: You may submit comments identified by Department of Transportation (DOT) Docket Management System (DMS) Docket Number FMCSA–2006–25854 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, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., 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 on-line instructions for submitting comments. Instructions: All submissions must include the Agency name and docket number 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 below. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov at any time or Room W12– E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Notices]
[Pages 44915-44916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15492]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-98-3637, FMCSA-98-4334, FMCSA-99-5748, FMCSA-00-
7006, FMCSA-00-7363, FMCSA-00-7918, FMCSA-00-8203, FMCSA-00-8398, 
FMCSA-01-9258, FMCSA-02-13411, FMCSA-03-14223, FMCSA-03-14504, FMCSA-
05-20027, FMCSA-05-20560]


Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA previously announced its decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety

[[Page 44916]]

Regulations for 52 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 exemption renewals 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 
Qualifications Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, 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 Notices 
were published on April 13, June 13, and June 20, 2007. The comment 
periods ended on May 14, and July 13, and July 20, 2007, respectively.

Discussion of Comments

    FMCSA received the same comment in all three proceedings. The 
comment was considered and discussed below.
    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 52 renewal applications, FMCSA renews the Federal 
vision exemptions for Rodger B. Anders, David F. Bardsley, Sr., Gary A. 
Barrett, Ivan L. Beal, Johnny A. Beautler, John D. Bolding, Jr., Daniel 
R. Brewer, James T. Butler, Jr., Darryl D. Cassatt, Brett L. Condon, 
Mark W. Coulson, Roger K. Cox, Michael P. Curtin, Myron D. Dixon, 
Albion C. Doe, Richard L. Elyard, Michael R. Forschino, William H. 
Goss, David R. Gross, James K. Holmes, Thomas E. Howard, John R. 
Hughes, Daryl A. Jester, Billy L. Johnson, Robert L. Joiner, Jr., James 
P. Jones, Christopher J. Kane, Clyde H. Kitzan, Larry J. Lang, Dennis 
D. Lesperance, John W. Locke, Herman G. Lovell, Eugene A. Maggio, 
Michael L. Manning, Clifford E. Masink, Ronald L. Maynard, William A. 
Moore, Jr., Kirby G. Oathout, James R. Petre, Danny R. Pickelsimer, 
Richard C. Rehbein, William E. Reveal, Duane L. Riendeau, Bernard E. 
Roche, Darrell L. Rohlfs, David E. Sanders, Daniel J. Schaap, David B. 
Speller, Janusz Tyrpien, Lynn D. Veach, Harry S. Warren, and Michael C. 
Wines.
    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: August 2, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-15492 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-EX-P

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