[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Notices]
[Page 52422-52424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-98]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-98-4334, FMCSA-99-5578, FMCSA-00-7363, FMCSA-00-7918,
FMCSA-01-9258, FMCSA-01-9561, FMCSA-03-14504, FMCSA-03-15268, FMCSA-05-
20027, FMCSA-05-21254]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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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 September 23, 2007. Comments must be
received on or before October 15, 2007.
ADDRESSES: You may submit comments bearing the Department of
Transportation (DOT) Docket Management System (DMS) Docket Numbers
FMCSA-98-4334, FMCSA-99-5578, FMCSA-00-7363, FMCSA-00-7918, FMCSA-01-
9258, FMCSA-01-9561, FMCSA-03-14504, FMCSA-03-15268, FMCSA-05-20027,
FMCSA-05-21254, using any of the following methods.
DOT Web site: http://dmses.dot.gov. Follow the on-line
instructions for submitting comments.
Fax: 1-202-493-2251.
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: Room W12-140 on the ground level of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5
[[Page 52423]]
p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Each submission must include the Agency name and docket numbers for
this Notice. Note that DOT posts all comments received without change
to http://dms.dot.gov, including any personal information included.
Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to http://dms.dot.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 DMS 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 Department of Transportation's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov
.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (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:
Linda L. Billings Mark D. Page
John A. Chizmar Kenneth A. Reddick
Ronald D. Danberry Leonard Rice, Jr.
Weldon R. Evans Juan M. Rosas
Richard L. Gagnebin Richard C. Simms
Orasio Garcia James T. Sullivan
Leslie W. Good Thomas J. Sweeny, Jr.
Chester L. Gray Steven C. Thomas
James P. Guth Edward A. Vanderhei
Rayford R. Harper Larry J. Waldner
Britt D. Hazelwood Kevin L. Wickard
Joseph V. Johns
Robert C. Leathers
Michael S. Maki
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 (63 FR 66226; 64 FR 16517; 66 FR 41656; 68 FR 44837; 70 FR
41811; 68 FR 54775; 70 FR 53412; 64 FR 27027; 64 FR 51568; 66 FR 48504;
65 FR 45817; 65 FR 77066; 68 FR 10300; 70 FR 42615; 65 FR 66286; 66 FR
13825; 66 FR 17743; 66 FR 33990; 68 FR 35772; 66 FR 30502; 66 FR 41654;
68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 48989; 70 FR 2701; 70 FR
16887; 70 FR 30999; 70 FR 46567). 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 October 15, 2007.
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.
[[Page 52424]]
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: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-18083 Filed 9-12-07; 8:45 am]
BILLING CODE 4910-EX-P