Qualification of Drivers; Exemption Applications; Vision, 64273-64275 [E7-22352]
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64273
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices
AMENDMENTS TO PFC APPROVALS
Amendment
approved date
Amendment No. city, state
98–03–C–03–TLH, Tallahassee, FL ....................................
93–01–C–04–GEG, Spokane, WA ......................................
93–01–C–04–TPA, Tampa, FL ............................................
94–02–U–03–TPA, Tampa, FL ............................................
97–03–C–01–TPA, Tampa, FL ............................................
02–05–C–01–TPA, Tampa, FL ............................................
01–05–C–03–OTH, North Bend, OR ...................................
04–09–C–02–CRW, Charleston, WV ..................................
03–06–C–01–TPA, Tampa, FL ............................................
98–03–C–02–EUG, Eugene, OR .........................................
04–10–C–02–MKE, Milwaukee, WI .....................................
06–13–C–01–MKE, Milwaukee, WI .....................................
96–05–C–09–ORD, Chicago, IL ..........................................
03–04–C–02–PIH, Pocatello, ID ..........................................
09/27/07
10/12/07
10/15/07
10/15/07
10/16/07
10/17/07
10/19/07
10/19/07
10/23/07
10/23/07
10/23/07
10/23/07
10/24/07
10/25/07
Original
approved net
PFC revenue
$6,848,783
12,594,838
133,682,614
NA
25,540,952
135,782,200
541,602
6,982,402
298,115,400
1,577,459
11,775,601
47,306,855
467,714,130
497,218
Issued in Washington, DC, on November 6,
2007.
Joe Hebert,
Manager, Financial Analysis and Passenger
Facility Charge Branch.
[FR Doc. 07–5645 Filed 11–14–07; 8:45 am]
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–M
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
DEPARTMENT OF TRANSPORTATION
Background
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–01–9561, FMCSA–03–
15268, FMCSA–05–21711]
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 25 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.
pwalker on PROD1PC71 with NOTICES
FOR FURTHER INFORMATION CONTACT:
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19:50 Nov 14, 2007
Jkt 214001
Electronic Access
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
at the end of the 2-year period. The
Notice was published on September 27,
2007. The comment period ended on
October 29, 2007.
Discussion of Comments
FMCSA received no comments in this
proceeding.
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 25 renewal
applications, FMCSA renews the
Federal vision exemptions for Calvin D.
Atwood, Gregory W. Babington, William
P. Doolittle, Jonathan M. Gentry, John N.
Guilford, Benny D. Hatton, Jr., Robert
W. Healey, Jr., Nathaniel H. Herbert, Jr.,
Thomas D. Lambert, Thomas W.
Markham, Raul Martinez, Joseph L.
Mast, David McKinney, Kevin L.
Moody, Charles W. Mullenix, Gary S.
Partridge, Nathan D. Peterson, John N.
Poland, Brent L. Seaux, Steven R.
Smith, James T. Smith, Edd J. Stabler,
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Amended
approved net
PFC revenue
$3,770,045
9,283,006
145,316,784
NA
25,460,336
152,489,574
638,079
7,609,184
323,388,300
1,577,459
12,025,601
51,947,402
488,140,368
294,313
Original estimated charge
exp. date
Amended estimated charge
exp. date
10/01/02
04/01/98
04/01/01
04/01/01
06/01/02
07/01/06
08/01/05
03/01/11
09/01/13
06/01/01
04/01/18
01/01/24
04/01/08
04/01/08
10/01/02
04/01/98
04/01/01
04/01/01
06/01/02
07/01/06
07/01/06
08/01/11
03/01/14
06/01/01
04/01/18
06/01/24
06/01/08
04/01/08
Jr., Gary M. Wolff, John C. Young, and
George R. Zenor.
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: November 9, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–22350 Filed 11–14–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–99–5578, FMCSA–99–
5748, FMCSA–01–9258, FMCSA–02–12844,
FMCSA–03–14223, FMCSA–03–15892,
FMCSA–05–21254, FMCSA–05–21711]
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 27
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
E:\FR\FM\15NON1.SGM
15NON1
pwalker on PROD1PC71 with NOTICES
64274
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices
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
November 30, 2007. Comments must be
received on or before December 17,
2007.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–99–
5578, FMCSA–99–5748, FMCSA–01–
9258, FMCSA–02–12844, FMCSA–03–
14223, FMCSA–03–15892, FMCSA–05–
21254, FMCSA–05–21711, using any of
the following methods.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• 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 or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this Notice. Note that DOT posts all
comments received without change to
https://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
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. The
DMS is available 24 hours each day, 365
days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, 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 DOT’s complete
VerDate Aug<31>2005
19:50 Nov 14, 2007
Jkt 214001
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78; Apr. 11, 2000). This
information is also available at https://
DocketInfo.dot.gov.
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:
Background
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.
Exemption Decision
This notice addresses 27 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
27 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Thomas E. Adams
Terry J. Aldridge
Lennie D. Baker, Jr.
Grady L. Black, Jr.
Jerry D. Bridges
William J. Corder
Ralph E. Eckels
Tommy K. Floyd
Gary R. Gutschow
Richard J. Hanna
James J. Hewitt
Carl M. Hill
Albert E. Malley
Eugene P. Martin
Roger J. Mason
David L. Menken
Rodney M. Mimbs
Walter F. Moniowczak
William G. Mote
James R. Murphy
Chris A. Ritenour
Ronald L. Roy
Thomas D. Walden
Thomas E. Walsh
Kevin P. Weinhold
Charles M. Wilkins
Thomas A. Wise
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Frm 00084
Fmt 4703
Sfmt 4703
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 27 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR
51568; 66 FR 48504; 68 FR 54775; 70 FR
53412; 66 FR 63289; 68 FR 64944; 70 FR
67776; 64 FR 40404; 64 FR 66962; 66 FR
17743; 66 FR 33990; 68 FR 35772; 70 FR
33937; 67 FR 68719; 68 FR 2629; 70 FR
61165; 68 FR 10301; 68 FR 19596; 68 FR
52811; 68 FR 61860; 70 FR 30999; 70 FR
46567; 70 FR 48797; 70 FR 61493). Each
of these 27 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
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices
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.
DEPARTMENT OF TRANSPORTATION
Request for Comments
Reports, Forms, and Recordkeeping
Requirements
pwalker on PROD1PC71 with NOTICES
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 December
17, 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 27
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: November 9, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–22352 Filed 11–14–07; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Aug<31>2005
19:50 Nov 14, 2007
Jkt 214001
National Highway Traffic Safety
Administration
[U.S. DOT Docket Number NHTSA–2007–
0035 Draft ID 0001]
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
SUMMARY: Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
comment on proposed collections of
information, including extensions and
reinstatement of previously approved
collections.
This document describes the
collection of information under the
Early Warning Reporting requirements
enacted by the Transportation Recall
Effectiveness, Accountability, and
Documentation (TREAD) Act, Pub. L.
106–414, for which NHTSA, intends to
seek OMB approval.
DATES: Comments must be received on
or before January 14, 2008.
ADDRESSES: Comments must refer to the
docket and notice numbers cited at the
beginning of this notice and be
submitted to Docket Management, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Please identify
the proposed collection of information
for which a comment is provided, by
referencing its OMB Clearance Number.
It is requested, but not required, that 2
copies of the comment be provided. The
section is open on weekdays from 10
a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Complete copies of each request for
collection of information may be
obtained at no charge from Mr. Paul
Simmons, Office of Defects
Investigation, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Mr. Simmons can be contacted at (202)
366–2315. Please identify the relevant
collection of information by referring to
its OMB Control Number.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
64275
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g. permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collections of information:
(1) Title: Reporting of Information and
Documents about Potential Defects—49
CFR part 579.
OMB Control Number: 2127–0616
Affected Public: Manufacturers of
motor vehicles and motor vehicle
equipment.
Abstract: Under Chapter 301 of the
Title 49 of the United States Code,
manufacturers of motor vehicles and
items of motor vehicle equipment are
periodically required to submit certain
information to NHTSA, including
information about claims and notices
about deaths and serious injury,
property damage data, communications
to customers and others, and
information on Safety Recalls and
Campaigns in foreign countries covering
vehicles or equipment that are identical
or substantially similar to vehicles or
equipment sold or offered for sale in the
United States. The statute also
authorized NHTSA to require the
submission of other data that may assist
in the identification of safety-related
defects in vehicles and equipment.
Review of the documents submitted is
intended to provide NHTSA with ‘‘early
warning’’ of potential safety-related
defects in motor vehicles and motor
vehicle equipment. NHTSA will rely on
the information provided (as well as
other relevant information) in deciding
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Agencies
[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Pages 64273-64275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22352]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-5578, FMCSA-99-5748, FMCSA-01-9258, FMCSA-02-
12844, FMCSA-03-14223, FMCSA-03-15892, FMCSA-05-21254, FMCSA-05-21711]
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
27 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has
[[Page 64274]]
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 November 30, 2007. Comments must be
received on or before December 17, 2007.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-99-5578, FMCSA-99-5748, FMCSA-
01-9258, FMCSA-02-12844, FMCSA-03-14223, FMCSA-03-15892, FMCSA-05-
21254, FMCSA-05-21711, using any of the following methods.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to https://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or 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. The DMS is available 24 hours each day, 365
days each year. If you want acknowledgment 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 DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at https://DocketInfo.dot.gov.
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:
Background
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.
Exemption Decision
This notice addresses 27 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 27 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Thomas E. Adams
Terry J. Aldridge
Lennie D. Baker, Jr.
Grady L. Black, Jr.
Jerry D. Bridges
William J. Corder
Ralph E. Eckels
Tommy K. Floyd
Gary R. Gutschow
Richard J. Hanna
James J. Hewitt
Carl M. Hill
Albert E. Malley
Eugene P. Martin
Roger J. Mason
David L. Menken
Rodney M. Mimbs
Walter F. Moniowczak
William G. Mote
James R. Murphy
Chris A. Ritenour
Ronald L. Roy
Thomas D. Walden
Thomas E. Walsh
Kevin P. Weinhold
Charles M. Wilkins
Thomas A. Wise
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 27 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 54775; 70 FR
53412; 66 FR 63289; 68 FR 64944; 70 FR 67776; 64 FR 40404; 64 FR 66962;
66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 33937; 67 FR 68719; 68 FR
2629; 70 FR 61165; 68 FR 10301; 68 FR 19596; 68 FR 52811; 68 FR 61860;
70 FR 30999; 70 FR 46567; 70 FR 48797; 70 FR 61493). Each of these 27
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
[[Page 64275]]
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 drivers submit
comments by December 17, 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 27 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: November 9, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-22352 Filed 11-14-07; 8:45 am]
BILLING CODE 4910-EX-P