Qualification of Drivers; Exemption Applications; Vision, 11989-11990 [E8-4192]

Download as PDF Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices Dated: February 26, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–4191 Filed 3–4–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–99–5578, FMCSA–99– 6156, FMCSA–99–6480, FMCSA–00–7363, FMCSA–01–9258, FMCSA–03–16564, FMCSA–05–23238, FMCSA–06–23773] 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 34 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 April 14, 2008. Comments must be received on or before April 4, 2008. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA–99– 5578, FMCSA–99–6156, FMCSA–99– 6480, FMCSA–00–7363, FMCSA–01– 9258, FMCSA–03–16564, FMCSA–05– 23238, FMCSA–06–23773, 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. jlentini on PROD1PC65 with NOTICES DATES: VerDate Aug<31>2005 18:03 Mar 04, 2008 Jkt 214001 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, Director, Medical Programs, (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 34 individuals who have requested a renewal of their PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 11989 exemption in accordance with FMCSA procedures. FMCSA has evaluated these 34 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Scott E. Ames Otto J. Ammer, Jr. Nick D. Bacon Mark A. Baisden Johnny W. Bradford Lawrence M. Daley Clifford H. Dovel Ray L. Emert Arthur L. Fields John W. Forgy Daniel R. Franks Glenn E. Gee Rupert G. Gilmore, III Albert L. Gschwind Walter R. Hardiman George A. Hoffman, III Laurent G. Jacques Michael W. Jones Matthew J. Konecki Duane R. Krug Paul E. Lindon Jack D. Miller Eric M. Moats, Sr. Rick Moreno Robert W. Nicks Joseph S. Nix, IV Monte L. Purciful George S. Rayson Luis F. Saavedra Gerald M. Smith Edward J. Sullivan Steven Valley Darel G. Wagner Bernard J. Wood 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 E:\FR\FM\05MRN1.SGM 05MRN1 11990 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices 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. jlentini on PROD1PC65 with NOTICES 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 34 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 67 FR 10475; 69 FR 8260; 71 FR 16410; 64 FR 54948; 65 FR 159; 67 FR 17102; 69 FR 17267; 71 FR 6824; 64 FR 68195; 65 FR 20251; 65 FR 45817; 65 FR 77066; 68 FR 1654; 70 FR 7545; 66 FR 17743; 66 FR 33990; 68 FR 35772; 71 FR 644; 68 FR 74699; 69 FR 10503; 71 FR 6829; 71 FR 5105; 71 FR 19600; 71 FR 6826; 71 FR 19602). Each of these 34 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 April 4, 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 VerDate Aug<31>2005 18:03 Mar 04, 2008 Jkt 214001 notices of final disposition announcing its decision to exempt these 34 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: February 26, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–4192 Filed 3–4–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Public Transportation on Indian Reservations Program; Tribal Transit Program Federal Transit Administration (FTA), DOT. ACTION: Notice of Award. AGENCY: SUMMARY: The Federal Transit Administration (FTA) announces the selection of projects to be funded under Fiscal Year (FY) 2007 appropriations for the Tribal Transit Program (TTP), a program authorized by the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA regional Tribal Liaison (Appendix A) for application-specific information and issues. For general program information, contact Lorna R. Wilson, Office of Transit Programs, at (202) 366–2053, email: Lorna.Wilson@dot.gov. A TDD is available at 1–800–877–8339 (TDD/ FIRS). PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 The Tribal Transit Program (TTP) established by Section 3013 SAFETEA–LU, Pub. L. 109–49 (August 15, 2005), under 49 U.S.C. 5311(c) makes funds available to federally recognized Indian tribes or Alaska Native villages, groups, or communities as identified by the Bureau of Indian Affairs (BIA) in the U.S. Department of the Interior for public transportation capital projects, operating costs and planning activities that are eligible costs under the Nonurbanized Area Formula Program (Section 5311). A total of $10 million was made available for the program in FY 2007. A total of 75 applicants requested $21 million for new transit services, enhancement or expansion of existing transit services and planning studies including operational planning. FTA made project selections through a competitive process based on each applicant’s responsiveness to the program evaluation criteria outlined in FTA’s April 4, 2007, Federal Register Notice: Notice of Funding Availability and Solicitation for FY 2007 TTP (71 FR 16397). FTA evaluated applications for planning grants on a pass/fail basis, whereas FTA evaluated applications for start up and existing transit services on a numeric score system. FTA also took into consideration the current status of the FY 2006 grants for those tribes requesting multi-year funding. Because of the high demand, many applicants selected for funding will receive less funding than they requested to enable FTA to support an increased number of meritorious applications. This notice only addresses FY 2007 funding for projects. Tribes that sought funding for a multi-year project in response to the FY 2007 solicitation must submit a new application in response to the FY 2008 Notice of Funding Availability (NOFA) in order to be considered for FY 2008 funding. The FY 2008 notice will be published in the spring of 2008. The selected projects, providing $10 million to 65 tribes, break down as follows: $399,963 for transit planning studies and/or operational planning; $904,666 for startup projects for new transit service; and, $8,695,371 for enhancements or expansion of existing transit services. Each of the 65 awardees, as well as the applicants not selected for funding, will receive a letter explaining the funding decision. The successful applicants for FY 2007 are listed in Table 1. Following publication of this notice, FTA’s regional tribal liaison will contact each applicant selected for funding to discuss technical assistance/needs. In the event the contact information SUPPLEMENTARY INFORMATION: E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11989-11990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4192]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-99-5578, FMCSA-99-6156, FMCSA-99-6480, FMCSA-00-7363, 
FMCSA-01-9258, FMCSA-03-16564, FMCSA-05-23238, FMCSA-06-23773]


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 
34 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 April 14, 2008. Comments must be 
received on or before April 4, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-99-5578, FMCSA-99-6156, FMCSA-
99-6480, FMCSA-00-7363, FMCSA-01-9258, FMCSA-03-16564, FMCSA-05-23238, 
FMCSA-06-23773, 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 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, Director, Medical 
Programs, (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 34 individuals who have requested a renewal 
of their exemption in accordance with FMCSA procedures. FMCSA has 
evaluated these 34 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Scott E. Ames
Otto J. Ammer, Jr.
Nick D. Bacon
Mark A. Baisden
Johnny W. Bradford
Lawrence M. Daley
Clifford H. Dovel
Ray L. Emert
Arthur L. Fields
John W. Forgy
Daniel R. Franks
Glenn E. Gee
Rupert G. Gilmore, III
Albert L. Gschwind
Walter R. Hardiman
George A. Hoffman, III
Laurent G. Jacques
Michael W. Jones
Matthew J. Konecki
Duane R. Krug
Paul E. Lindon
Jack D. Miller
Eric M. Moats, Sr.
Rick Moreno
Robert W. Nicks
Joseph S. Nix, IV
Monte L. Purciful
George S. Rayson
Luis F. Saavedra
Gerald M. Smith
Edward J. Sullivan
Steven Valley
Darel G. Wagner
Bernard J. Wood

    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

[[Page 11990]]

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 34 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 27027; 64 FR 51568; 67 FR 10475; 69 FR 8260; 71 FR 
16410; 64 FR 54948; 65 FR 159; 67 FR 17102; 69 FR 17267; 71 FR 6824; 64 
FR 68195; 65 FR 20251; 65 FR 45817; 65 FR 77066; 68 FR 1654; 70 FR 
7545; 66 FR 17743; 66 FR 33990; 68 FR 35772; 71 FR 644; 68 FR 74699; 69 
FR 10503; 71 FR 6829; 71 FR 5105; 71 FR 19600; 71 FR 6826; 71 FR 
19602). Each of these 34 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 April 4, 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 34 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: February 26, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-4192 Filed 3-4-08; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.