

[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Notices]
[Page 54971-54972]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-118]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-01-9561, FMCSA-03-15268, FMCSA-05-21711]


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 October 24, 2007. Comments must be
received on or before October 29, 2007.

ADDRESSES: You may submit comments bearing the Department of
Transportation (DOT) Docket Management System (DMS) Docket Numbers
FMCSA-01-9561, FMCSA-03-15268, FMCSA-05-21711, 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 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 acknowledgment 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

Calvin D. Atwood
Gregory W. Babington
William P. Doolittle
Jonathan M. Gentry
John N. Guilford
Benny D. Hatton, Jr.
Robert W. Healey, Jr.
Nathaniel H. Herbert, Jr.
Thomas D. Lambert
Thomas W. Markham
Raul Martinez
Joseph L. Mast
David McKinney
Kevin L. Moody
Charles W. Mullenix
Gary S. Partridge
Nathan D. Peterson
John N. Poland
Brent L. Seaux
Steven R. Smith
James T. Smith
Edd J. Stabler, Jr.
Gary M. Wolff
John C. Young
George R. Zenor

    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

[[Page 54972]]

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 (66 FR 30502; 66 FR 41654; 68 FR 44837; 70 FR
41811; 68 FR 54775; 70 FR 53412; 68 FR 37197; 68 FR 48989; 70 FR 42615;
70 FR 48797; 70 FR 61493). 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 29, 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.
    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 21, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E7-19108 Filed 9-26-07; 8:45 am]

BILLING CODE 4910-EX-P
