Qualification of Drivers; Exemption Applications; Vision, 71993-71995 [E7-24549]
Download as PDF
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices
potentially crossing several streams and
floodplains.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway
Planning and Construction. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this program.)
Issued on: December 12, 2007.
Peggy J. Casey,
Environmental Project Engineer, Jefferson
City.
[FR Doc. E7–24572 Filed 12–18–07; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
National Safe Routes to School Task
Force to the Secretary of
Transportation
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of meeting of advisory
committee.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: This document announces a
meeting of the National Safe Routes to
School Task Force to the Secretary of
Transportation. This is the fifth meeting
of the Task Force. The purpose of the
Task Force is to advise the Secretary of
Transportation, through the Federal
Highway Administration (FHWA) Office
of Safety, on strategies to advance Safe
Routes to School (SRTS) Programs
nationwide and to encourage children,
including those with disabilities, to
walk and bicycle to school pursuant to
section 1404(h) of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59,
Aug. 10, 2005). The meeting is open to
the public and will have time allocated
for public testimony. The public is
welcome to present written or oral
comments to the Task Force.
DATES: The fifth meeting of the Task
Force is scheduled for 8:30 a.m. to 5
p.m., m.t., on January 23, 2008, and for
8:30 a.m. to 12:30 p.m., m.t., on January
24, 2008.
ADDRESSES: The fifth meeting will be
held at the Wyndham Phoenix Hotel, 50
East Adams Street, Phoenix, AZ 85004.
FOR FURTHER INFORMATION CONTACT: Mr.
Tim Arnade, the Designated Federal
Official, Safe Routes to School Program
Manager, FHWA Office of Safety
Programs, (202) 366–2205,
Tim.Arnade@dot.gov; Federal Highway
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590.
VerDate Aug<31>2005
21:40 Dec 18, 2007
Jkt 214001
71993
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Background
Federal Motor Carrier Safety
Administration
Section 1404 of SAFETEA–LU
required the Secretary of Transportation
to establish a Safe Routes to School
(SRTS) Program. The purpose of the
program is to enable and encourage
children, including those with
disabilities, to walk and bicycle to
school and to make bicycling and
walking to school a safer and more
appealing transportation alternative.
Section 1404(h) requires the
establishment of a National SRTS Task
Force. This meeting is the fifth meeting
of the Task Force. The first two
meetings were held in Washington, DC;
the first was held on January 11, 2007,
and the second was held on April 19,
2007. The third meeting was held in
Denver, CO, on September 25–26, 2007.
The fourth meeting was held in
Washington, DC, on November 15–16,
2007. Complete meeting minutes from
the previous meetings are posted on the
Web site listed below.
The agenda for the fifth meeting will
include discussion of a draft report to
the Secretary of Transportation about
national strategies to advance SRTS
programs nationwide.
Public comments will be taken at
approximately 2:45 p.m., m.t., on
January 23, 2008. Further information
about the Task Force can be found at
https://www.saferoutesinfo.org/
task_force/.
Once a detailed agenda is developed,
it will be posted on this Web site. Please
note that agenda items are subject to
change as priorities dictate.
Conclusion
The fifth meeting of the National Safe
Routes to School Task Force will be
held at the Wyndham Phoenix Hotel, 50
East Adams Street, Phoenix, AZ 85004,
from 8:30 a.m. to 5 p.m., m.t., on
January 23, 2008, and from 8:30 a.m.
until 12:30 p.m., m.t., on January 24,
2008.
Authority: Section 1404(h), Pub. L. 109–59;
5 U.S.C., App. II section 1.
Issued on: December 7, 2007.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. E7–24578 Filed 12–18–07; 8:45 am]
BILLING CODE 4910–22–P
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
[Docket No. FMCSA–99–5578, FMCSA–99–
6480, FMCSA–00–7363, FMCSA–01–10578,
FMCSA–02–11426, FMCSA–05–21711,
FMCSA–05–22194]
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 26
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.
This decision is effective
December 27, 2007. Comments must be
received on or before January 18, 2008.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–99–
5578, FMCSA–99–6480, FMCSA–00–
7363, FMCSA–01–10578, FMCSA–02–
11426, FMCSA–05–21711, FMCSA–05–
22194, 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.
DATES:
E:\FR\FM\19DEN1.SGM
19DEN1
71994
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices
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
FDMS 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
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:
mstockstill on PROD1PC66 with NOTICES
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 26 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
26 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Bruce W. Barrett
Anthony Brandano
VerDate Aug<31>2005
21:46 Dec 18, 2007
Jkt 214001
Stanley E. Elliott
Elmer E. Gockley
Glenn T. Hehner
Edward E. Hooker
Vladimir Kats
Alfred Keehn
Martin D. Keough
Randall B. Laminack
Norman R. Lamy
Robert W. Lantis
James A. Lenhart
Dennis L. Lockhart, Sr.
Jerry J. Lord
Raymond P. Madron
Ronald S. Mallory
Eldon Miles
Jack E. Potts, Jr.
Neal A. Richard
John E. Rogstad
Rene R. Trachsel
John H. Voigts
Kendle F. Waggle, Jr.
DeWayne Washington
Daniel G. Wilson
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 26 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
requirements (64 FR 27027; 64 FR
51568; 66 FR 63289; 68 FR 64944; 70 FR
67776; 64 FR 68195; 65 FR 20251; 68 FR
54775; 70 FR 53412; 65 FR 45817; 65 FR
77066; 67 FR 71610; 70 FR 25878; 66 FR
53826; 66 FR 66966; 68 FR 69434; 70 FR
74102; 70 FR 48797; 70 FR 61493; 70 FR
57353; 70 FR 72689; 67 FR 10471; 67 FR
19798; 69 FR 19611). Each of these 26
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
drivers submit comments by January 18,
2008.
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 26
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
E:\FR\FM\19DEN1.SGM
19DEN1
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices
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: December 12, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–24549 Filed 12–18–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–99–5748, FMCSA–99–
6156, FMCSA–01–10578, FMCSA–05–22194]
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 12
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.
This decision is effective January
3, 2008. Comments must be received on
or before January 18, 2008.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–99–
5748, FMCSA–99–6156, FMCSA–01–
10578, FMCSA–05–22194, 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
mstockstill on PROD1PC66 with NOTICES
DATES:
VerDate Aug<31>2005
21:46 Dec 18, 2007
Jkt 214001
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
FDMS 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
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
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
71995
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 12 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
12 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Woodrow E. Bohley
Kenneth E. Bross
Russell W. Foster
Kevin Jacoby
Richard L. Loeffelholz
Herman C. Mash
Frank T. Miller
Martin Postma
Robert G. Rascicot
Stephen G. Sniffin
Jon H. Wurtele
Walter M. Yohn, Jr.
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
E:\FR\FM\19DEN1.SGM
19DEN1
Agencies
[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Notices]
[Pages 71993-71995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24549]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-5578, FMCSA-99-6480, FMCSA-00-7363, FMCSA-01-
10578, FMCSA-02-11426, FMCSA-05-21711, FMCSA-05-22194]
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
26 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 December 27, 2007. Comments must be
received on or before January 18, 2008.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-99-5578, FMCSA-99-6480, FMCSA-
00-7363, FMCSA-01-10578, FMCSA-02-11426, FMCSA-05-21711, FMCSA-05-
22194, 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.
[[Page 71994]]
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 FDMS 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 26 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 26 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Bruce W. Barrett
Anthony Brandano
Stanley E. Elliott
Elmer E. Gockley
Glenn T. Hehner
Edward E. Hooker
Vladimir Kats
Alfred Keehn
Martin D. Keough
Randall B. Laminack
Norman R. Lamy
Robert W. Lantis
James A. Lenhart
Dennis L. Lockhart, Sr.
Jerry J. Lord
Raymond P. Madron
Ronald S. Mallory
Eldon Miles
Jack E. Potts, Jr.
Neal A. Richard
John E. Rogstad
Rene R. Trachsel
John H. Voigts
Kendle F. Waggle, Jr.
DeWayne Washington
Daniel G. Wilson
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 26 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 68 FR 64944; 70 FR
67776; 64 FR 68195; 65 FR 20251; 68 FR 54775; 70 FR 53412; 65 FR 45817;
65 FR 77066; 67 FR 71610; 70 FR 25878; 66 FR 53826; 66 FR 66966; 68 FR
69434; 70 FR 74102; 70 FR 48797; 70 FR 61493; 70 FR 57353; 70 FR 72689;
67 FR 10471; 67 FR 19798; 69 FR 19611). Each of these 26 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 drivers submit
comments by January 18, 2008.
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 26 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
[[Page 71995]]
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: December 12, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-24549 Filed 12-18-07; 8:45 am]
BILLING CODE 4910-EX-P