This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of final disposition.
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Start Printed Page 44916Regulations for 52 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 exemption renewals 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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366-4001, firstname.lastname@example.org, 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.End Further Info End Preamble Start Supplemental Information
You may see all the comments online through the Document Management System (DMS) at http://dmses.dot.gov.
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 Notices were published on April 13, June 13, and June 20, 2007. The comment periods ended on May 14, and July 13, and July 20, 2007, respectively.
Discussion of Comments
FMCSA received the same comment in all three proceedings. 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.
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 52 renewal applications, FMCSA renews the Federal vision exemptions for Rodger B. Anders, David F. Bardsley, Sr., Gary A. Barrett, Ivan L. Beal, Johnny A. Beautler, John D. Bolding, Jr., Daniel R. Brewer, James T. Butler, Jr., Darryl D. Cassatt, Brett L. Condon, Mark W. Coulson, Roger K. Cox, Michael P. Curtin, Myron D. Dixon, Albion C. Doe, Richard L. Elyard, Michael R. Forschino, William H. Goss, David R. Gross, James K. Holmes, Thomas E. Howard, John R. Hughes, Daryl A. Jester, Billy L. Johnson, Robert L. Joiner, Jr., James P. Jones, Christopher J. Kane, Clyde H. Kitzan, Larry J. Lang, Dennis D. Lesperance, John W. Locke, Herman G. Lovell, Eugene A. Maggio, Michael L. Manning, Clifford E. Masink, Ronald L. Maynard, William A. Moore, Jr., Kirby G. Oathout, James R. Petre, Danny R. Pickelsimer, Richard C. Rehbein, William E. Reveal, Duane L. Riendeau, Bernard E. Roche, Darrell L. Rohlfs, David E. Sanders, Daniel J. Schaap, David B. Speller, Janusz Tyrpien, Lynn D. Veach, Harry S. Warren, and Michael C. Wines.
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.Start Signature
Issued on: August 2, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-15492 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-EX-P