Qualification of Drivers; Exemption Renewals; Vision, 52421-52422 [E7-18074]
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
here, but refer interested parties to those
earlier discussions.
T. Reyes challenged the validity of
Raymond K. Ochse’s reported CMV
driving experience. He alleged that Mr.
Ochse gave false information concerning
his recent employment history and the
amount of miles he has driven a
commercial vehicle.
The Agency is currently investigating
the commenter’s claims and will wait to
render a final decision in this case until
the investigation is complete.
The Right Way Inc. recommended
that Terry W. Moore receive the
exemption due to his safe operation of
vehicles with his visual deficiency.
ebenthall on PRODPC61 with NOTICES
Conclusion
Based upon its evaluation of the 64
exemption applications, FMCSA
exempts John W. Black, Ronald D.
Boeve, Paul T. Breitigan, John A.
Bridges, Edward G. Brown, Edwin L.
Bupp, Charles E. Castle, Joel C. Conrad,
Duane C. Conway, David L. Cummings,
Brian W. Curtis, Roger D. Davidson, Sr.,
Richard A. Davis, Sr., Thomas E. Dixon,
Robin C. Duckett, Steven C. Durst,
Marco A. Esquivel, Charles D. Grady,
Paul L. Graunstadt, Danny R. Gray,
Louis E. Henry, Jr., Raymond L.
Herman, Jesse R. Hillhouse, Jr., Billy R.
Holdman, Marshall L. Jackson, Ray C.
Johnson, Terry R. Jones, Randall H. Keil,
Gregory K. Lilly, Paul G. Mathes, John
T. McWilliams, Robert A. Miller,
Rodney R. Miller, Stuart T. Miller,
James J. Mitchell, Terry W. Moore,
Arthur R. Moreland, Andrew M.
Nurnberg, Charles D. Oestreich, Robert
G. Owens, Kenneth R. Pedersen, Joshua
R. Perkins, Donald F. Plouf, Willie L.
Ponders, Eligio M. Ramirez, Victor C.
Richert, Elvis E. Rogers, Jr., Garry L.
Rogers, Craig R. Saari, Jerry L. Schroder,
Gerald J. Shamla, Willie C. Smith,
Lanny R. Spears, Lawrence E. Stabeno,
Larry D. Steiner, Robert S. Swaen,
Robert L. Thies, David R. Thomas,
Anthony T. Truiolo, Gregory A. VanLue,
Karl A. Weinert, Ricky L. Wiginton, and
Kevin W. Wunderlin from the vision
requirement in 49 CFR 391.41(b)(10),
subject to the requirements cited above
(49 CFR 391.64(b)).
In accordance with 49 U.S.C. 31136(e)
and 31315, each 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.
VerDate Aug<31>2005
15:29 Sep 12, 2007
Jkt 211001
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.
Issued on: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–18079 Filed 9–12–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–98–4334, FMCSA–00–
7918, FMCSA–01–9258, FMCSA–01–9561,
FMCSA–02–12844, FMCSA–02–13411,
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
Regulations for 23 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.
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:
FOR FURTHER INFORMATION CONTACT:
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 2year period if it finds ‘‘such exemption
would likely achieve a level of safety
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
52421
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.’’ The statutes also
allow the Agency to renew exemptions
at the end of the 2-year period. The
Notice was published on July 24, 2007.
The comment period ended on August
23, 2007.
Discussion of Comments
FMCSA received one comment in this
proceeding. 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 23 renewal
applications, FMCSA renews the
Federal vision exemptions for Eddie
Alejandro, Roger D. Anderson, Glenn A.
Babcock, Jr., Joey E. Buice, Paul W.
Dawson, Lois E. De Souza, Tomie L.
Estes, Jay E. Finney, Steven A. Garrity,
Waylon E. Hall, Wayne H. Holt, Jeffery
M. Kimsey, Richard L. Leonard, Larry T.
Morrison, Gerald L. Phelps, Jr., Ronald
F. Prezzia, Thomas G. Raymond, Tim M.
Seavy, Boyd D. Stamey, Randy D.
Stanley, Lee T. Taylor, James M.
Tayman, Sr., and Scott C. Teich.
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
E:\FR\FM\13SEN1.SGM
13SEN1
52422
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
Issued on: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–18074 Filed 9–12–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–05–21254]
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 13 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.
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:
FOR FURTHER INFORMATION CONTACT:
Electronic Access
You may see all the comments online
through the Document Management
System (DMS) at https://dmses.dot.gov.
ebenthall on PRODPC61 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 statutes also
allow the Agency to renew exemptions
VerDate Aug<31>2005
15:29 Sep 12, 2007
Jkt 211001
at the end of the 2-year period. The
Notice was published on July 24, 2007.
The comment period ended on August
23, 2007.
Discussion of Comments
BILLING CODE 4910–EX–P
FMCSA received one comment in this
proceeding. 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 13 renewal
applications, FMCSA renews the
Federal vision exemptions for George L.
Cannon, Anthony Ciancone, Jr., Andrew
B. Clayton, Kenneth D. Daniels, Allen R.
Fasen, William D. Hodgins, Hazel L.
Hopkins, Jr., Donald M. Jenson, Dean A.
Maystead, Jason L. McBride, Sr., Donald
L. Murphy, Carl V. Murphy, Sr., and
Thomas D. Reynolds.
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.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Issued on: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–18078 Filed 9–12–07; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–98–4334, FMCSA–99–
5578, FMCSA–00–7363, FMCSA–00–7918,
FMCSA–01–9258, FMCSA–01–9561,
FMCSA–03–14504, FMCSA–03–15268,
FMCSA–05–20027, FMCSA–05–21254]
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 25
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
exemption renewals will provide a level
of safety that is 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
September 23, 2007. Comments must be
received on or before October 15, 2007.
ADDRESSES: You may submit comments
bearing the Department of
Transportation (DOT) Docket
Management System (DMS) Docket
Numbers FMCSA–98–4334, FMCSA–
99–5578, FMCSA–00–7363, FMCSA–
00–7918, FMCSA–01–9258, FMCSA–
01–9561, FMCSA–03–14504, FMCSA–
03–15268, FMCSA–05–20027, FMCSA–
05–21254, using any of the following
methods.
• DOT Web site: https://dmses.dot.gov.
Follow the on-line instructions for
submitting comments.
• 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
E:\FR\FM\13SEN1.SGM
13SEN1
]]>Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Notices]
[Pages 52421-52422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18074]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-98-4334, FMCSA-00-7918, FMCSA-01-9258, FMCSA-01-
9561, FMCSA-02-12844, FMCSA-02-13411, 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 Regulations for 23 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
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 statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The Notice
was published on July 24, 2007. The comment period ended on August 23,
2007.
Discussion of Comments
FMCSA received one comment in this proceeding. 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 23 renewal applications, FMCSA renews the Federal
vision exemptions for Eddie Alejandro, Roger D. Anderson, Glenn A.
Babcock, Jr., Joey E. Buice, Paul W. Dawson, Lois E. De Souza, Tomie L.
Estes, Jay E. Finney, Steven A. Garrity, Waylon E. Hall, Wayne H. Holt,
Jeffery M. Kimsey, Richard L. Leonard, Larry T. Morrison, Gerald L.
Phelps, Jr., Ronald F. Prezzia, Thomas G. Raymond, Tim M. Seavy, Boyd
D. Stamey, Randy D. Stanley, Lee T. Taylor, James M. Tayman, Sr., and
Scott C. Teich.
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
[[Page 52422]]
(3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
Issued on: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-18074 Filed 9-12-07; 8:45 am]
BILLING CODE 4910-EX-P
