Qualification of Drivers; Exemption Renewals; Vision, 74565-74566 [E8-28948]

Download as PDF Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices mstockstill on PROD1PC66 with NOTICES of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 22 applicants listed in the notice of October 17, 2008 (73 FR 61922). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 22 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined 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, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received five comments in this proceeding. The comments were considered and discussed below. Two of the comments were submitted in favor of granting the Federal vision exemption to all applicants that applied and one specifically referencing Mr. Jayland R. Siebers. An anonymous individual commented that the Federal vision exemption should only be granted for one year instead of two. According to TEA-21, the Secretary of Transportation may grant a person an exemption for 2 years under section 31136 if the Secretary finds that the exemption will achieve a level of safety that is equivalent to or greater than the level that would be achieved absent of the exemption. Dr. Richard C. Horn, an optometrist, commented that he does not believe that eye care providers should attest to the ability of a driver to operate a motor vehicle safely. FMCSA relies on the VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 medical physician examining the driver to determine if the individual has sufficient vision to perform the tasks necessary to operate a commercial vehicle safely. Advocates for Highway and Auto Safety (Advocates) expressed opposition to FMCSA’s policy to grant exemptions from the FMCSRs, 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 Based upon its evaluation of the 22 exemption applications, FMCSA exempts, Timothy S. Ballard, Paul W. Browning, Timothy D. Carle, Ronald W. Garner, Paul A. Gregerson, Benjamin P. Hall, Frank L. Langston, Bruce J. Lewis, John L. Lolley, Kenny Y. Louie, Josue Maqueira, Lido J. Martocchio, Michael W. McCann, Duffy P. Metrejean, Jr., Hudson M. Osborne, Stephen P. Preslopsky, Ross C. Rich, Melinda V. Salas, Jayland R. Siebers, Christopher G. Strand, Michael J. Welle, and Patricia A. White, from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each 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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 74565 Issued on: November 28, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–28947 Filed 12–5–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–98–3637; FMCSA–99– 6156; FMCSA–00–7006; FMCSA–00–7165; FMCSA–00–8203; FMCSA–02–12294; FMCSA–04–18885; FMCSA–06–23773; FMCSA–06–24783] 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 15 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: 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 E:\FR\FM\08DEN1.SGM 08DEN1 74566 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on November 10, 2008. Discussion of Comments FMCSA received no comments in this proceeding. 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 15 renewal applications, FMCSA renews the Federal vision exemptions for Donald O. Clopton, Richard B. Eckert, Charles B. Edwards, Gary R. Evan, George R. Gorsuch, Jr., Harlan L. Gunter, Steven H. Heidorn, Danny E. Hillier, Jimmy D. Johnson, II., Gary L. Killian, Volga Kirkwood, Garry R. Setters, Jimmy E. Settle, Noel S. Wangerin, and Hubert Whittenburg. 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: November 28, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–28948 Filed 12–5–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity under OMB Review Maritime Administration, DOT. Notice and request for comments. AGENCY: mstockstill on PROD1PC66 with NOTICES ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 on September 2, 2008. No comments were received. DATES: Comments must be submitted on or before January 7, 2009. FOR FURTHER INFORMATION CONTACT: Thomas Christensen, Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366–5909; or e-mail: tom.christensen@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Maritime Administration. Title: Effective U.S. Control (EUSC)/ Parent Company. OMB Control No.: 2133–0511. Type of Request: Extension of currently approved collection. Affected Public: U.S. citizens who own foreign-registered vessels. Forms: None. Abstract: The effective U.S. Control (EUSC)/Parent Company collection consists of an inventory of foreignregistered vessel owned by U.S. citizens. Specifically, the collection consists of responses from vessel owners verifying or correcting vessel ownership data and characteristics found in commercial publications. The information obtained could be vital in a national or international emergency and is essential to the logistical support planning operation conducted by Maritime Administration officials. Annual Estimated Burden Hours: 60 hours. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: Maritime Administration Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. Dated: November 24, 2008. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E8–28898 Filed 12–5–08; 8:45 am] BILLING CODE 4910–81–P PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2008 0108] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel BOLGESKREKK (Sheets To The Wind). SUMMARY: As authorized by 46 U.S.C. 12121, 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– 0108 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 46 U.S.C. 12121 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 January 7, 2009. ADDRESSES: Comments should refer to docket number MARAD–2008–0108. 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 E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74565-74566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28948]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-98-3637; FMCSA-99-6156; FMCSA-00-7006; FMCSA-00-7165; 
FMCSA-00-8203; FMCSA-02-12294; FMCSA-04-18885; FMCSA-06-23773; FMCSA-
06-24783]


Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for 15 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:

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 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

[[Page 74566]]

allows the Agency to renew exemptions at the end of the 2-year period. 
The comment period ended on November 10, 2008.

Discussion of Comments

    FMCSA received no comments in this proceeding.

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 15 renewal applications, FMCSA renews the Federal 
vision exemptions for Donald O. Clopton, Richard B. Eckert, Charles B. 
Edwards, Gary R. Evan, George R. Gorsuch, Jr., Harlan L. Gunter, Steven 
H. Heidorn, Danny E. Hillier, Jimmy D. Johnson, II., Gary L. Killian, 
Volga Kirkwood, Garry R. Setters, Jimmy E. Settle, Noel S. Wangerin, 
and Hubert Whittenburg.
    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: November 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-28948 Filed 12-5-08; 8:45 am]
BILLING CODE 4910-EX-P
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