Qualification of Drivers; Exemption Applications; Vision, 28186-28188 [E8-10824]
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28186
Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices
For
FHWA: Mr. J. Michael Bowen, P.E.,
Division Administrator, Federal
Highway Administration, 6111 SW 29th
Street, Topeka, Kansas 66509,
Telephone (785) 228–2544. The Kansas
Division Office’s normal business hours
are 7:30 a.m. to 4 p.m. (central time).
For the Kansas Department of
Transportation (KDOT): Mr. Joe Erskine,
Deputy Secretary for Finance and
Administration, 700 SW Harrison Street,
Topeka, Kansas 66603–3745, Telephone
(785) 296–3461. For USACE: Mark
Frazier, Chief, Regulatory Branch, U.S.
Army Corps of Engineers, Kansas City
District, 601 E 12th Street, Attn: OD–R,
Room 706, Kansas City, MO 64106;
telephone (816) 389–3990.
FOR FURTHER INFORMATION CONTACT:
Notice is
hereby given that the FHWA and other
Federal agencies have taken final agency
actions by issuing approvals for the
following highway project in Kansas:
the South Lawrence Trafficway, K–10
Highway beginning at the intersection of
K–10 and US–59 highway in Lawrence,
Kansas and proceeding eastward along
the 32nd Street corridor to a point east
of 1750 Road on existing K–10 Highway.
The project will be a 5.61 mile long,
access controlled four-lane highway on
new alignment. The actions by the
Federal agencies, and the laws under
which such actions were taken, are
described in the 2002 Final
Environmental Impact Statement (FEIS)
and the 2007 Final Section 4(f)
Evaluation for the project, and approved
in the FHWA Record of Decision (ROD)
issued on May 9, 2008, and in other
documents in the FHWA project files.
The FEIS, Section 4(f) Evaluation, ROD
and other project records are available
by contacting the FHWA or KDOT at the
addresses provided above. The FHWA
FEIS, Section 4(f) Evaluation, and ROD
can be viewed and downloaded from
the project Web site at https://
www.southlawrencetrafficway.org. The
USACE decision and permit (USACE
Permit 200101697) are available by
contacting USACE at the address
provided above. This notice applies to
all Federal agency decisions as of the
issuance date of this notice and all laws
under which such actions were taken,
including but not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109].
2. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and
Scenic Enhancement (Wildflowers) [23
U.S.C. 319].
mstockstill on PROD1PC66 with NOTICES
SUPPLEMENTARY INFORMATION:
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16:18 May 14, 2008
Jkt 214001
3. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536]; Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)]; Migratory
Bird Treaty Act [16 U.S.C. 703–712].
4. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archaeological
and Historic Preservation Act [16 U.S.C.
469–469(c)].
5. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; Farmland Protection Policy
Act (FPPA) [7 U.S.C. 4201–4209].
6. Safe Drinking Water Act (SDWA)
[42 U.S.C. 300(f)–300(j)(6)]; Flood
Disaster Protection Act [42 U.S.C. 4001–
4128]; Clean Water Act (Section 404,
Section 401, Section 319) [33 U.S.C.
1251–1377]; Wetlands Mitigation [23
U.S.C. 103(b)(6)(M) and 133(b)(11)].
7. Executive Orders: E.O. 11990,
Protection of Wetlands; E.O. 11988,
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593, Protection and
Enhancement of Cultural Resources;
E.O. 13007, Indian Sacred Sites; E.O.
13287, Preserve America; E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments; E.O. 11514,
Protection and Enhancement of
Environmental Quality; E.O. 13112,
Invasive Species.
(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.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: May 9, 2008.
˜
Norbert Munoz,
Assistant Division Administrator, Federal
Highway Administration, Topeka, Kansas.
[FR Doc. E8–10889 Filed 5–14–08; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–99–5578, FMCSA–99–
6156, FMCSA–99–6480, FMCSA–00–7006,
FMCSA–00–7165, FMCSA–04–17195,
FMCSA–06–23773, FMCSA–06–24015]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
Notice of renewal of
exemptions; request for comments.
ACTION:
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 25
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
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 June 3,
2008. Comments must be received on or
before June 16, 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–00–7006, FMCSA–00–
7165, FMCSA–04–17195, FMCSA–06–
23773, FMCSA–06–24015, 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 selfaddressed, stamped envelope or
DATES:
E:\FR\FM\15MYN1.SGM
15MYN1
Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices
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 19476). 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.
mstockstill on PROD1PC66 with NOTICES
Exemption Decision
This notice addresses 25 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
25 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
James C. Askin
Paul J. Bannon
Ernie E. Black
Ronnie F. Bowman
Gary O. Brady
Richard J. Cummings
Stephen H. Goldcamp
Steven F. Grass
Wai F. King
Dennis E. Krone
Christopher P. Lefler
William F. Mack
Richard J. McKenzie, Jr.
Christopher J. Meerten
Craig W. Miller
William J. Miller
Robert J. Mohorter
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16:18 May 14, 2008
Jkt 214001
James A. Mohr
Roderick F. Peterson
Tommy L. Ray, Jr.
Ricky L. Shepler
Donald W. Sidwell
Elmer K. Thomas
Raul R. Torres
Richard G. Wendt
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 25 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR
51568; 66 FR 63289; 69 FR 8260; 71 FR
16410; 64 FR 54948; 65 FR 159; 67 FR
10475; 71 FR 26601; 64 FR 68195; 65 FR
20251; 67 FR 38311; 69 FR 26921; 71 FR
27033; 67 FR 17102; 69 FR 17267; 65 FR
20245; 65 FR 57230; 65 FR 33406; 69 FR
17263; 69 FR 31447; 71 FR 6826; 71 FR
19602; 71 FR 14566; 71 FR 30227). Each
of these 25 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
PO 00000
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Fmt 4703
Sfmt 4703
28187
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 June 16,
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 25
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.
E:\FR\FM\15MYN1.SGM
15MYN1
28188
Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices
Issued on: May 7, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–10824 Filed 5–14–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–99–5748, 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
Renewals; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
SUMMARY: FMCSA, in an earlier notice,
announced 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
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,
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
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.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
VerDate Aug<31>2005
16:18 May 14, 2008
Jkt 214001
at the end of the 2-year period. The
notice was published on March 5, 2008
(FR 73 11989), and the comment period
ended on April 4, 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 34 renewal
applications, FMCSA renews the
Federal vision exemptions for 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, and Bernard J. Wood.
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
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Frm 00091
Fmt 4703
Sfmt 4703
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: May 6, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–10825 Filed 5–14–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 299X);
STB Docket No. AB–1024X]
Norfolk Southern Railway Company—
Discontinuance of Service
Exemption—in Chesapeake, VA;
Norfolk and Portsmouth Belt Line
Railroad Company—Discontinuance of
Trackage Rights Exemption—in
Chesapeake, VA
Norfolk Southern Railway Company
(NSR) and Norfolk and Portsmouth Belt
Line Railroad Company (NPBL) 1
(collectively, applicants) have jointly
filed a verified notice of exemption
under 49 CFR part 1152 subpart F—
Exempt Abandonments and
Discontinuances of Service for NSR to
discontinue service over, and for NPBL
to discontinue trackage rights over, 0.90
miles of railroad between milepost NS
1.40 and milepost NS 2.30, in
Chesapeake, VA. The line traverses
United States Postal Service Zip Code
23324.
NSR and NPBL have certified that: (1)
No local traffic has moved over the line
for at least 2 years; (2) any overhead
traffic can be rerouted over other lines;
(3) no formal complaint filed by a user
of rail service on the line (or by a state
or local government entity acting on
behalf of such user) regarding cessation
of service over the line either is pending
with the Surface Transportation Board
(Board) or with any U.S. District Court
or has been decided in favor of
complainant within the 2-year period;
and (4) the requirements of 49 CFR
1105.12 (newspaper publication) and 49
CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to these exemptions,
any employee adversely affected by the
service discontinuance/discontinuance
of trackage rights shall be protected
under Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
1 NPBL is jointly owned by NSR and CSX
Transportation, Inc.
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28186-28188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10824]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-5578, FMCSA-99-6156, FMCSA-99-6480, FMCSA-00-7006,
FMCSA-00-7165, FMCSA-04-17195, FMCSA-06-23773, FMCSA-06-24015]
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
25 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 June 3, 2008. Comments must be
received on or before June 16, 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-00-7006, FMCSA-00-7165, FMCSA-04-17195, FMCSA-06-23773,
FMCSA-06-24015, 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
[[Page 28187]]
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 19476). 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 25 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 25 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
James C. Askin
Paul J. Bannon
Ernie E. Black
Ronnie F. Bowman
Gary O. Brady
Richard J. Cummings
Stephen H. Goldcamp
Steven F. Grass
Wai F. King
Dennis E. Krone
Christopher P. Lefler
William F. Mack
Richard J. McKenzie, Jr.
Christopher J. Meerten
Craig W. Miller
William J. Miller
Robert J. Mohorter
James A. Mohr
Roderick F. Peterson
Tommy L. Ray, Jr.
Ricky L. Shepler
Donald W. Sidwell
Elmer K. Thomas
Raul R. Torres
Richard G. Wendt
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 25 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 69 FR 8260; 71 FR
16410; 64 FR 54948; 65 FR 159; 67 FR 10475; 71 FR 26601; 64 FR 68195;
65 FR 20251; 67 FR 38311; 69 FR 26921; 71 FR 27033; 67 FR 17102; 69 FR
17267; 65 FR 20245; 65 FR 57230; 65 FR 33406; 69 FR 17263; 69 FR 31447;
71 FR 6826; 71 FR 19602; 71 FR 14566; 71 FR 30227). Each of these 25
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 June 16, 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 25 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.
[[Page 28188]]
Issued on: May 7, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-10824 Filed 5-14-08; 8:45 am]
BILLING CODE 4910-EX-P