Qualification of Drivers; Exemption Applications; Vision, 42402-42404 [E8-16618]
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42402
Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Notices
person whose property and interests in
property are blocked pursuant to the
Order.
On July 8, 2008, the Acting Under
Secretary of State for Arms Control and
International Security, in consultation
with the Secretary of the Treasury, the
Attorney General, and other relevant
agencies, designated two individuals
and one entity whose property and
interests in property are blocked
pursuant to Executive Order 13382.
Information on the additional
designees is as follows:
1. TAMAS COMPANY. AKA:
TAMAS; AKA: NUCLEAR FUEL
PRODUCTION COMPANY. Address:
No. 84, 20th Street. Northern Kargar
Avenue. Tehran, 10000. Iran.
2. YAHYA RAHIM SAFAVI. AKA:
RAHIM SAFAVI; AKA: YAHYA
RAHIM-SAFAVI; AKA: SAYED YAHYA
SAFAVI; AKA: YAHIA RAHIM
SAFAWI; AKA: SEYYED YAHYA
RAHIM-SAFAVI; AKA: YAHYA RAHIM
AL-SIFAWI. Date of Birth: March to
September 1952–1953. Place of Birth:
Esfahan, Iran.
3. MOHSEN FAKHRIZADEHMAHABADI. AKA: MOHSEN
FAKHRIZADEH; AKA: FAKHRIZADEH.
Passport Numbers: A0009228, 4229533.
Dated: July 7, 2008.
John C. Rood,
Acting Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. E8–16621 Filed 7–18–08; 8:45 am]
BILLING CODE 4710–27–P
DEPARTMENT OF STATE
[Delegation of Authority No. 166–3]
PWALKER on PROD1PC71 with NOTICES
Redelegation of Authority 166–2
Providing for the Settlement of Claims
Under the Federal Tort Claims Act and
22 U.S.C. 2669–1
By virtue of the authority vested in
me by State Department Delegation of
Authority No. DA–166–2, I hereby
redelegate to the Assistant Legal Adviser
and Deputy Assistant Legal Adviser for
International Claims and Investment
Disputes the functions delegated to me
in that Delegation of Authority,
including the denial of all claims,
except for the function of making any
award, compromise or settlement in
excess of $10,000.
This Delegation of Authority
supersedes DA–166–1.
This Delegation of Authority shall be
published in the Federal Register.
VerDate Aug<31>2005
19:22 Jul 18, 2008
Jkt 214001
Dated: July 3, 2008.
John B. Bellinger III,
Legal Adviser, Department of State.
[FR Doc. E8–16629 Filed 7–18–08; 8:45 am]
BILLING CODE 4710–08–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement; St.
Lucie County, FL
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of Intent.
AGENCY:
SUMMARY: The FHWA is issuing this
notice to advise the public that an
Environmental Impact Statement (EIS)
will be prepared for a proposed new
river crossing project in the City of Port
St. Lucie, St. Lucie County, Florida.
FOR FURTHER INFORMATION CONTACT: Mr.
George Hadley, Federal Highway
Administration, 545 John Knox Road,
Suite 200, Tallahassee, Florida 32303,
Telephone: (850) 942–9650 ext. 3011.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the Florida
Department of Transportation, will
prepare an EIS for a third east-west
bridge crossing over the North Fork of
the St. Lucie River in the City of Port St.
Lucie, in St. Lucie County, Florida. The
proposed improvement would link the
Crosstown Parkway on the west to U.S.
1 (SR 5) on the east. The proposed
action is known as the Crosstown
Parkway Corridor Extension Study and
was formerly known as the Third EastWest River Crossing Study. The
proposed action would provide needed
relief to the two existing river crossings
which are over capacity. Alternatives
under consideration include a No Build
Alternative and multiple alternatives
that provide a river crossing on a new
alignment. Expansion of the two
existing river crossings was previously
considered and determined to be
infeasible.
Coordination with appropriate
Federal, State, and local agencies, and
private organizations and citizens who
have expressed interest in this proposal
has been ongoing and will continue. A
series of public meetings and workshops
have been held in Port St. Lucie as part
of the planning efforts for this project
and will continue throughout the EIS
process. A formal scoping meeting is
planned for this project and is
anticipated to occur in August of 2008.
In addition, public workshops and a
public hearing will be held. Public
notice will be given of the time and
place of the hearing and for future
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meetings. The Draft EIS will be made
available for public and agency review
and comment before the public hearing
date.
To ensure that the full range of issues
related to the proposed action is
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the FHWA at the address
provided above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Research,
Planning and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation of
Federal programs and activities apply to this
program.)
Issued on: July 15, 2008.
George B. Hadley,
Environmental Programs Coordinator,
Tallahassee, Florida.
[FR Doc. E8–16574 Filed 7–18–08; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–99–6480; FMCSA–02–
11714; FMCSA–03–14223; FMCSA–04–
17195; FMCSA–05–21254; FMCSA–06–
24015; FMCSA–06–24783]
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 exemptions from the
vision requirement in the Federal Motor
Carrier Safety Regulations for 11
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 August
1, 2008. Comments must be received on
or before August 20, 2008.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–99–
6480; FMCSA–02–11714; FMCSA–03–
14223; FMCSA–04–17195; FMCSA–05–
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PWALKER on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Notices
21254; FMCSA–06–24015; FMCSA–06–
24783, 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
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://DocketsInfo.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:
VerDate Aug<31>2005
19:22 Jul 18, 2008
Jkt 214001
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 11 individuals
who have requested a renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
11 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are: Manuel A. Almeida,
Ronald B. Brown, Thomas L. Corey,
Brian G. Hagen, Donald E. Hathaway,
John C. Lewis, William R. Proffitt, Jose
M. Suarez, Louis E. Villa, Jr., Barney J.
Wade, Richard A. Yeager.
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
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42403
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 11 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 68195; 65 FR
20251; 67 FR 38311; 69 FR 26221; 71 FR
27033; 67 FR 15662; 67 FR 37907; 69 FR
26206; 71 FR 26601; 68 FR 10301; 68 FR
19596; 70 FR 74102; 69 FR 17263; 69 FR
31447; 71 FR 43556; 70 FR 30999; 70 FR
46567; 71 FR 14566; 71 FR 30227; 71 FR
32183; 71 FR 41310). Each of these 11
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 August 20,
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 11
individuals from the vision requirement
in49 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
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Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Notices
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: July 11, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–16618 Filed 7–18–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2008–0067]
Maritime Administration,
Department of Transportation.
ACTION: Invitation for public comments
on a requested administrative waiver of
the Coastwise Trade Laws for the vessel
PLAYIN’ HOOKEY.
PWALKER on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: As authorized by Pub. L. 105–
383 and Pub. L. 107–295, the Secretary
of Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirement of the coastwise laws
under certain circumstances. A request
for such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below. The complete application
is given in DOT docket MARAD–2008–
0067 at https://www.regulations.gov.
Interested parties may comment on the
effect this action may have on U.S.
vessel builders or businesses in the U.S.
that use U.S.-flag vessels. If MARAD
determines, in accordance with Pub. L.
105–383 and MARAD’s regulations at 46
CFR Part 388 (68 FR 23084; April 30,
2003), that the issuance of the waiver
will have an unduly adverse effect on a
U.S.-vessel builder or a business that
uses U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
19:22 Jul 18, 2008
Jkt 214001
Submit comments on or before
August 20, 2008.
DATES:
Comments should refer to
docket number MARAD–2008–0067.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Requested Administrative Waiver of
the Coastwise Trade Laws
VerDate Aug<31>2005
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
Joann Spittle, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue, SE., Room W21–203,
Washington, DC 20590. Telephone 202–
366–5979.
As
described by the applicant the intended
service of the vessel PLAYIN’ HOOKEY
is:
Intended Use: ‘‘Charter fishing.’’
Geographic Region: ‘‘Wisconsin.’’
SUPPLEMENTARY INFORMATION:
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).
Dated: July 10, 2008.
By order of the Maritime Administrator.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. E8–16523 Filed 7–18–08; 8:45 am]
BILLING CODE 4910–81–P
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2008–0068]
Requested Administrative Waiver of
the Coastwise Trade Laws
Maritime Administration,
Department of Transportation.
ACTION: Invitation for public comments
on a requested administrative waiver of
the Coastwise Trade Laws for the vessel
JENA.
AGENCY:
SUMMARY: As authorized by Public Law
105–383 and Public Law 107–295, the
Secretary of Transportation, as
represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below. The complete application
is given in DOT docket MARAD–2008–
0068 at https://www.regulations.gov.
Interested parties may comment on the
effect this action may have on U.S.
vessel builders or businesses in the U.S.
that use U.S.-flag vessels. If MARAD
determines, in accordance with Public
Law 105–383 and MARAD’s regulations
at 46 CFR Part 388 (68 FR 23084; April
30, 2003), that the issuance of the
waiver will have an unduly adverse
effect on a U.S.-vessel builder or a
business that uses U.S.-flag vessels in
that business, a waiver will not be
granted. Comments should refer to the
docket number of this notice and the
vessel name in order for MARAD to
properly consider the comments.
Comments should also state the
commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
DATES: Submit comments on or before
August 20, 2008.
ADDRESSES: Comments should refer to
docket number MARAD–2008–0068.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
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Agencies
[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Notices]
[Pages 42402-42404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16618]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-6480; FMCSA-02-11714; FMCSA-03-14223; FMCSA-04-
17195; FMCSA-05-21254; FMCSA-06-24015; FMCSA-06-24783]
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 exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
11 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 August 1, 2008. Comments must be
received on or before August 20, 2008.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-99-6480; FMCSA-02-11714;
FMCSA-03-14223; FMCSA-04-17195; FMCSA-05-
[[Page 42403]]
21254; FMCSA-06-24015; FMCSA-06-24783, using any of the following
methods.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to https://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at https://DocketsInfo.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 11 individuals who have requested a renewal
of their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 11 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Manuel A. Almeida, Ronald B. Brown, Thomas L. Corey, Brian G. Hagen,
Donald E. Hathaway, John C. Lewis, William R. Proffitt, Jose M. Suarez,
Louis E. Villa, Jr., Barney J. Wade, Richard A. Yeager.
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 11 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 68195; 65 FR 20251; 67 FR 38311; 69 FR 26221; 71 FR
27033; 67 FR 15662; 67 FR 37907; 69 FR 26206; 71 FR 26601; 68 FR 10301;
68 FR 19596; 70 FR 74102; 69 FR 17263; 69 FR 31447; 71 FR 43556; 70 FR
30999; 70 FR 46567; 71 FR 14566; 71 FR 30227; 71 FR 32183; 71 FR
41310). Each of these 11 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 August 20, 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 11 individuals from the vision
requirement in49 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
[[Page 42404]]
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: July 11, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-16618 Filed 7-18-08; 8:45 am]
BILLING CODE 4910-EX-P