Qualification of Drivers; Exemption Applications; Vision, 15254-15256 [E8-5732]
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
6th Floor, West Building, 1200 New
Jersey Ave., SE., Washington, DC 20590.
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Dr. Michelle Yeh,
Engineering Psychologist, (617) 494–
3459, yeh@volpe.dot.gov, Human
Factors Division, Volpe National
Transportation Systems Center, 55
Broadway, Cambridge, MA 02124.
Office hours are from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Vehicle Driver
Survey: Truck Driver Hours of Service
and Fatigue Management.
OMB Control Number: 2126–XXXX.
Type of Request: New information
collection.
Respondents: Commercial motor
vehicle drivers.
Estimated Number of Respondents:
1728 respondents.
Estimated Time per Response: 15
minutes.
Expiration Date: N/A. This is a new
information collection.
Frequency of Response: One-time.
Estimated Total Annual Burden: 432
hours [1728 respondents × 15 minutes =
432].
Background: The Federal Motor
Carrier Safety Administration (FMCSA)
needs a better understanding of the
commercial motor vehicle driving
population and the perceived effect of
its new Hours-of-Service rule. This rule,
adopted in August 2005, was intended
to align truck drivers’ schedules with
the normal 24-hour circadian cycle and
provide drivers with better
opportunities to obtain more restorative
sleep. The Hours-of-Service rule is
intended to minimize the occurrence of
operational errors on the road. However,
in July, 2007, two provisions of the
Hours-of-Service rule were vacated by
the United States Court of Appeals for
the District of Columbia Circuit (the
Court). The Court held that FMCSA had
failed to provide an opportunity to
comment on the methodology of its
operator-fatigue model, and that it failed
to explain the elements of that
methodology. Because the model is the
basis for the cost-benefit analysis which
supports the increase of driving time
from 10 to 11 hours and of the 34-hour
restart, the Court vacated those two
provisions. The Court subsequently
stayed its mandate for three months,
until December 27, 2007.
FMCSA would like to analyze, in
great detail, the impact of the 2005
Hours-of-Service regulations on drivers.
Related to this issue is truck driver
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18:33 Mar 20, 2008
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fatigue. Fatigue mitigation has been a
high priority in the Department of
Transportation and the FMSCA for
many years. The 2005 Hours-of-Service
regulations required drivers to take two
additional hours off duty every day,
allowing them to obtain the 7–8 hours
of sleep that most people need to
maintain alertness. An understanding of
whether the rules are perceived to be
having the desired effect on driver sleep
is needed. Additionally, understanding
drivers’ napping habits and other
solutions for coping with fatigue would
provide input for future solutions and
policies to better accommodate these
issues.
FMCSA would also like to obtain
information on the commercial motor
vehicle driving population. Driverrelated factors are an important
consideration in commercial motor
vehicle crashes, but there is no central
nationwide source of information
describing the population of drivers
holding a Commercial Drivers License
(CDL). An estimate of the number of
commercial drivers and particular
subsets of drivers (e.g., short-haul,
regional, long-haul) is needed and
would benefit FMCSA in assessing the
impacts of future initiatives, policies,
and rules and the improvement of its
safety programs.
The goals of this survey are to obtain
commercial motor vehicle drivers’
opinions on the new Hours-of-Service
regulations and the effects of these
regulations on driver fatigue and to
acquire general demographic
information regarding the commercial
motor vehicle driving population. Data
for this project will be collected via
driver interviews and from a one-time,
hard copy, mailed survey. Drivers will
provide information regarding the
nature of their work, experience, and
employment history, their perceptions
regarding the effect of the Hours-ofService regulations, and methods for
coping with fatigue. The results of the
information collection will be
summarized and made available to the
public. It will be used to inform future
initiatives, policies, and rules; develop
a picture of the commercial vehicle
driver population for use in future
FMCSA research; and contribute to the
general literature regarding fatigue
management.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
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information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued On: March 14, 2008.
Terry Shelton,
Associate Administrator for Research and
Information Technology.
[FR Doc. E8–5720 Filed 3–20–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–01–11426, FMCSA–03–
16564, FMCSA–05–21711, FMCSA–05–
22194, FMCSA–05–23099, 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 13
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
23, 2008. Comments must be received
on or before April 21, 2008.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–01–
11426, FMCSA–03–16564, FMCSA–05–
21711, FMCSA–05–22194, FMCSA–05–
23099, 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
DATES:
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
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, 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.
FOR FURTHER INFORMATION CONTACT:
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Roy L. Allen ...........................................................................
Lyle H. Banser .......................................................................
Lloyd J. Botsford ....................................................................
Walter M. Brown ....................................................................
Charley J. Davis ....................................................................
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.
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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 13 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
13 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Paul D. Gaither .....................................................................
Thomas R. Hedden ...............................................................
Sergio A. Hernandez .............................................................
Lucio Leal.
Earl R. Mark.
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 13 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (67 FR 10471; 67 FR
19798; 69 FR 19611; 71 FR 19604; 68 FR
74699; 69 FR 10503; 71 FR 6829; 70 FR
48797; 70 FR 61493; 70 FR 57353; 70 FR
72689; 71 FR 4194; 71 FR 13450; 71 FR
6826; 71 FR 19602). Each of these 13
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
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SUPPLEMENTARY INFORMATION:
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Michael R. Moore.
Richard W. Neyens.
Bill L. Pearcy.
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 21,
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 13
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,
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
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: March 14, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–5732 Filed 3–20–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2008–0024]
Information Collection Available for
Public Comments and
Recommendations
Notice and request for
comments.
mstockstill on PROD1PC66 with NOTICES
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Maritime
Administration’s (MARAD’s) intentions
to request extension of approval for
three years of a currently approved
information collection.
DATES: Comments should be submitted
on or before May 20, 2008.
FOR FURTHER INFORMATION CONTACT: Jean
McKeever, Maritime Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
202–366–5737; FAX 202–366–6988 or email: jean.mckeever@dot.gov.
Copies of this collection can also be
obtained from that office.
SUPPLEMENTARY INFORMATION:
Title of Collection: Application for
Construction Reserve Fund (CRF) and
Annual Statements.
Type of Request: Extension of
currently approved information
collection.
OMB Control Number: 2133–0032.
Form Numbers: None.
Expiration Date of Approval: Three
years after date of approval by the Office
of Management and Budget.
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18:33 Mar 20, 2008
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Summary of Collection of
Information: The collection consists of
an application required for all citizens
who own or operate vessels in the U.S.
foreign or domestic commerce and
desire tax benefits under the
Construction Reserve Fund (CRF)
program. The annual statement sets
forth a detailed analysis of the status of
the CRF when each income tax return is
filed.
Need and Use of the Information: The
information is required in order for
MARAD to determine whether the
applicant is qualified for the benefits of
the CRF program.
Description of Respondents: Owners
or operators of vessels in the domestic
or foreign commerce.
Annual Responses: 17 responses.
Annual Burden: 153 hours.
Comments: Comments should refer to
the docket number that appears at the
top of this document. Written comments
may be submitted to the Docket Clerk,
U.S. DOT Dockets, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Comments may
also be submitted by electronic means
via the Internet at https://
www.regulations.gov. Specifically
address whether this information
collection is necessary for proper
performance of the functions of the
agency and will have practical utility,
accuracy of the burden estimates, ways
to minimize this burden, and ways to
enhance the quality, utility, and clarity
of the information to be collected. All
comments received will be available for
examination at the above address
between 10 a.m. and 5 p.m. EDT (or
EST), Monday through Friday, except
Federal holidays. An electronic version
of this document is available on the
World Wide Web at https://
www.regulations.gov.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.regulations.gov.
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC–F–21026]
Holland America Line Inc.—Control—
Westours Motor Coaches, Inc.,
Evergreen Trails, Inc., Westmark
Hotels of Canada, Ltd., Horizon Coach
Lines, Ltd., and Discover Alaska Tours,
Inc.
AGENCY:
Surface Transportation Board,
DOT.
Notice Tentatively Approving
Finance Transaction.
ACTION:
SUMMARY: On February 21, 2008,
Holland America Line Inc. (HAL), a
noncarrier that controls four regulated
motor passenger carriers, Westours
Motor Coaches, Inc. (Westours),
Evergreen Trails, Inc., d/b/a Gray Line
of Seattle (Evergreen), Westmark Hotels
of Canada, Ltd. (Westmark), and
Horizon Coach Lines, Ltd. (Horizon),1
(collectively, applicants) filed an
application under 49 U.S.C. 14303 for
acquisition of control by HAL of a new
motor passenger carrier, Discover
Alaska Tours, Inc. (DAT),2 and for
continuance in control of Westours,
Evergreen, Westmark, and Horizon.
Persons wishing to oppose the
application must follow the rules at 49
CFR 1182.5 and 1182.8. The Board has
tentatively approved the transaction,
and, if no opposing comments are
timely filed, this notice will be the final
Board action.
DATES: Comments must be filed by May
5, 2008. Applicants may file a reply by
May 20, 2008. If no comments are filed
by May 5, 2008, this notice is effective
on that date.
ADDRESSES: Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21026 to: Surface
Transportation Board, 395 E. Street,
SW., Washington, DC 20423–0001. In
addition, send one copy of comments to
applicants’ representative: Jeremy Kahn,
1730 Rhode Island Ave., NW., Suite
810, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
Joseph H. Dettmar, (202) 245–0395
[Federal Information Relay Service
(FIRS) for the hearing impaired: 1–800–
877–8339].
SUPPLEMENTARY INFORMATION: HAL
currently controls four regulated motor
Authority: 49 CFR 1.66
By order of the Maritime Administrator.
Dated: March 17, 2008.
Christine S. Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. E8–5721 Filed 3–20–08; 8:45 am]
BILLING CODE 4910–81–P
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1 HAL’s control of the 4 carriers was approved by
the Board in Holland America Line—Westours,
Inc.—Control—Westours Motor Coaches, Inc.,
Evergreen Trails, Inc., Westmark Hotels of Canada
Ltd., and Horizon Coach Lines Ltd., STB Docket No.
MC–F–20988 (STB served Feb. 22, 2002).
2 DAT’s application for motor passenger carrier
authority in MC–636105 is pending.
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]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15254-15256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5732]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-01-11426, FMCSA-03-16564, FMCSA-05-21711, FMCSA-05-
22194, FMCSA-05-23099, 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
13 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 23, 2008. Comments must be
received on or before April 21, 2008.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-01-11426, FMCSA-03-16564,
FMCSA-05-21711, FMCSA-05-22194, FMCSA-05-23099, 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
[[Page 15255]]
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 13 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 13 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
------------------------------------------------------------------------
------------------------------------------------------------------------
Roy L. Allen................ Paul D. Gaither Michael R. Moore.
Lyle H. Banser.............. Thomas R. Richard W. Neyens.
Hedden.
Lloyd J. Botsford........... Sergio A. Bill L. Pearcy.
Hernandez.
Walter M. Brown............. Lucio Leal.....
Charley J. Davis............ Earl R. Mark...
------------------------------------------------------------------------
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 13 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (67 FR 10471; 67 FR 19798; 69 FR 19611; 71 FR 19604; 68 FR
74699; 69 FR 10503; 71 FR 6829; 70 FR 48797; 70 FR 61493; 70 FR 57353;
70 FR 72689; 71 FR 4194; 71 FR 13450; 71 FR 6826; 71 FR 19602). Each of
these 13 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 21, 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 13 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,
[[Page 15256]]
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: March 14, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-5732 Filed 3-20-08; 8:45 am]
BILLING CODE 4910-EX-P
