Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 11425 

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 45 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Johnny 

Becerra, Thomas J. Boss, Howard F. 

Breitkreutz, Robert R. Buis, Ross E. 

Burroughs, Lester W. Carter, Larry 

Chinn, Christopher L. DePuy, John B. 

Ethridge, John E. Evenson, Larry J. 

Folkerts, George J. Ghigliotty, Randolph 

D. Hall, Richard T. Hatchel, Steven C. 

Humke, Paul W. Hunter, Leon E. 

Jackson, Neil W. Jennings, Robert J. 

Johnson, Charles R. Kuderer, Robert L. 

LaFollette, Craig M. Landry, Thomas D. 

Laws, Ray P. Lenz, William R. Mayfield, 

Michael B. McClure, Lamont S. McCord, 

Francis M. McMullin, Joe L. Meredith. 

Jr., Norman Mullins, Harold W. 

Mumford, Richard E. Nordhausen, Jr., 

Tony E. Parks, Clifford C. Priesmeyer, 

Clarence H. Redding, Gerald R. 

Rietmann, Andrew H. Rusk, Arthur A. 

Sappington, Richard L. Sheppard, 

William H. Smith, David J. Triplett, 

Kenneth E. Vigue, Jr., Edward C. 

Williams, David G. Williams, and 

Richard A. Winslow. 

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 6, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–4488 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–00–8398, FMCSA–02–

12844, FMCSA–04–17984, FMCSA–05–

20027] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces 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 

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. 

DATES: This decision is effective April 1, 

2007. Comments must be received on or 

before April 12, 2007. 

ADDRESSES: You may submit comments 

identified by DOT Docket Management 

System (DMS) Docket Numbers 

FMCSA–00–8398, FMCSA–02–12844, 

FMCSA–04–17984, FMCSA–05–20027, 

using any of the following methods. 

• Web Site: http://dmses.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., 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. 

Instructions: All submissions must 

include the Agency name and docket 

numbers for this Notice. Note that all 

comments received will be posted 

without change to http://dms.dot.gov, 

including any personal information 

provided. Please see the Privacy Act 

heading for further information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

http://dms.dot.gov at any time or Room 

PL–401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

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 us to notify you that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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; April 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, 

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., E.T., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Exemption Decision 

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. This notice addresses 15 

individuals who have requested renewal 

of their exemptions in accordance with 

FMCSA procedures. FMCSA has 

evaluated these 15 applications for 

renewal on their merits and decided to 

extend each exemption for a renewable 

two-year period. They are: 

David F. Breuer 

Wilford F. Christian 

Richard S. Cummings 

Joseph D. Dean 

Daniel L. Jacobs 

Jimmy C. Killian 


cprice-sewell on PROD1PC66 with NOTICES
11426 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 

Jose M. Limon-Alvarado 

Eugene R. Lydick 

John W. Montgomery 

Zeljko Popovac 

Richie J. Schwendy 

Scottie Stewart 

Artis Suitt 

Clarence L. Swann, Jr. 

Kerry W. VanStory 

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 15 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 78256; 66 FR 

16311; 68 FR 13360; 70 FR 12265; 67 FR 

68719; 68 FR 2629; 70 FR 16887; 69 FR 

33997; 69 FR 61292; 70 FR 2701). Each 

of these 15 applicants has requested 

timely 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 April 12, 

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 15 

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: March 6, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–4495 Filed 3–12–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–00–7363, FMCSA–00–

7918, FMCSA–00–8398, FMCSA–02–12844, 

FMCSA–02–13411] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 19 

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 

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. 

DATES: This decision is effective March 

23, 2007. Comments must be received 

on or before April 12, 2007. 

ADDRESSES: You may submit comments 

identified by DOT Docket Management 

System (DMS) Docket Numbers 

FMCSA–00–7363, FMCSA–00–7918, 

FMCSA–00–8398, FMCSA–02–12844, 

FMCSA–02–13411, using any of the 

following methods. 

• Web Site: http://dmses.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., 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. 

Instructions: All submissions must 

include the Agency name and docket 

numbers for this Notice. Note that all 

comments received will be posted 

without change to http://dms.dot.gov, 

including any personal information 

provided. Please see the Privacy Act 

heading for further information. 


cprice-sewell on PROD1PC66 with NOTICES