Qualification of Drivers; Exemption Renewals; Vision, 16953 [E8-6489]
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Notices
that indicates that safety is being
compromised. Based upon its
evaluation of the 7 renewal
applications, FMCSA renews the
Federal vision exemptions for James S.
Ayers, Curtis F. Caddy, III, Vernon J.
Dohrn, Steven R. Felks, Douglas J.
Mauton, Dennis L. Maxcy, and Dean B.
Ponte.
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: March 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–6488 Filed 3–28–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–01–10578, FMCSA–
05–21711, FMCSA–05–22194, 05–22727]
Qualification of Drivers; Exemption
Renewals; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
mmaher on PROD1PC76 with NOTICES
SUMMARY: FMCSA previously
announced 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
reviewed the comments submitted in
response to the previous announcement
and concluded that granting these
exemptions will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
FOR FURTHER INFORMATION CONTACT:
Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
maggi.gunnels@dot.gov, FMCSA,
Department of Transportation, 400
Seventh Street, SW., Room 8301,
VerDate Aug<31>2005
18:00 Mar 28, 2008
Jkt 214001
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online
through the Document Management
System (DMS) at https://dmses.dot.gov.
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 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 statute also
allows the Agency to renew exemptions
at the end of the 2-year period. The
comment period ended on February 28,
2008.
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment was
considered and discussed below.
Advocates for Highway and Auto
Safety (Advocates) expressed opposition
to FMCSA’s policy to grant exemptions
from the FMCSR, including the driver
qualification standards. Specifically,
Advocates: (1) Objects to the manner in
which FMCSA presents driver
information to the public and makes
safety determinations; (2) objects to the
Agency’s reliance on conclusions drawn
from the vision waiver program; (3)
claims the Agency has misinterpreted
statutory language on the granting of
exemptions (49 U.S.C. 31136(e) and
31315); and finally (4) suggests that a
1999 Supreme Court decision affects the
legal validity of vision exemptions.
The issues raised by Advocates were
addressed at length in 64 FR 51568
(September 23, 1999), 64 FR 66962
(November 30, 1999), 64 FR 69586
(December 13, 1999), 65 FR 159 (January
3, 2000), 65 FR 57230 (September 21,
2000), and 66 FR 13825 (March 7, 2001).
We will not address these points again
here, but refer interested parties to those
earlier discussions.
Conclusion
The Agency has not received any
adverse evidence on any of these drivers
that indicates that safety is being
compromised. Based upon its
evaluation of the 12 renewal
applications, FMCSA renews the
Federal vision exemptions for Francis
M. Anzulewicz, Donald J. Bierwirth, Jr.,
Arthur L. Bousema, Matthew Daggs,
Donald R. Date, Jr., John E. Kimmet, Jr.,
Jason L. Light, Robert Mollicone,
Kenneth R. Murphy, Jr., Paul D.
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
16953
Schnautz, Robert A. Sherry, and John R.
Synder.
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: March 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–6489 Filed 3–28–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2008–0019]
Notice of Request for the Extension of
Currently Approved Information
Collections
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to extend the following
currently approved information
collection: 49 U.S.C. 5309 and 5307
Capital Assistance Programs.
DATES: Comments must be submitted
before May 30, 2008.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
identified by the docket number by only
one of the following methods:
1. Web site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the U.S. Government electronic
docket site. (Note: The U.S. Department
of Transportation’s (DOT’s) electronic
docket is no longer accepting electronic
comments.) All electronic submissions
must be made to the U.S. Government
electronic docket site at https://
www.regulations.gov. Commenters
should follow the directions below for
mailed and hand-delivered comments.
2. Fax: 202–366–7951.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
E:\FR\FM\31MRN1.SGM
31MRN1
]]>Agencies
[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Page 16953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6489]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket Nos. FMCSA-01-10578, FMCSA-05-21711, FMCSA-05-22194, 05-22727]
Qualification of Drivers; Exemption Renewals; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA previously announced 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 reviewed the
comments submitted in response to the previous announcement and
concluded that granting these exemptions will provide a level of safety
that will be equivalent to, or greater than, the level of safety
maintained without the exemptions for these commercial motor vehicle
(CMV) drivers.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, maggi.gunnels@dot.gov, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC
20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online through the Document Management
System (DMS) at https://dmses.dot.gov.
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on February 28, 2008.
Discussion of Comments
FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
Advocates for Highway and Auto Safety (Advocates) expressed
opposition to FMCSA's policy to grant exemptions from the FMCSR,
including the driver qualification standards. Specifically, Advocates:
(1) Objects to the manner in which FMCSA presents driver information to
the public and makes safety determinations; (2) objects to the Agency's
reliance on conclusions drawn from the vision waiver program; (3)
claims the Agency has misinterpreted statutory language on the granting
of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests
that a 1999 Supreme Court decision affects the legal validity of vision
exemptions.
The issues raised by Advocates were addressed at length in 64 FR
51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR
69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230
(September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not
address these points again here, but refer interested parties to those
earlier discussions.
Conclusion
The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 12 renewal applications, FMCSA renews the Federal
vision exemptions for Francis M. Anzulewicz, Donald J. Bierwirth, Jr.,
Arthur L. Bousema, Matthew Daggs, Donald R. Date, Jr., John E. Kimmet,
Jr., Jason L. Light, Robert Mollicone, Kenneth R. Murphy, Jr., Paul D.
Schnautz, Robert A. Sherry, and John R. Synder.
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: March 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-6489 Filed 3-28-08; 8:45 am]
BILLING CODE 4910-EX-P
