
[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Notices]
[Page 16953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-134]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-01-10578, FMCSA-05-21711, FMCSA-05-22194, 05-22727]


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 12 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, maggi.gunnels@dot.gov, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Room 8301, 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 Document Management
System (DMS) at http://dmses.dot.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 allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on February 28, 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 12 renewal applications, FMCSA renews the Federal
vision exemptions for Francis M. Anzulewicz, Donald J. Bierwirth, Jr.,
Arthur L. Bousema, Matthew Daggs, Donald R. Date, Jr., John E. Kimmet,
Jr., Jason L. Light, Robert Mollicone, Kenneth R. Murphy, Jr., Paul D.
Schnautz, Robert A. Sherry, and John R. Synder.
    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: March 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-6489 Filed 3-28-08; 8:45 am]

BILLING CODE 4910-EX-P
