Qualification of Drivers; Exemption Renewals; Vision, 52422 [E7-18078]

Download as PDF 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]
[Page 52422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18078]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-05-21254]


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 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.

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 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.

    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]
BILLING CODE 4910-EX-P

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