Qualification of Drivers; Exemption Applications; Vision, 28186-28188 [E8-10824]

Download as PDF 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: VerDate Aug<31>2005 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 VerDate Aug<31>2005 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 Frm 00090 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 PO 00000 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
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