1056 Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices 

Issued on: January 3, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–98 Filed 1–8–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–00–7165, FMCSA–04–

19477] 

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 20 

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 January 

14, 2007. Comments must be received 

on or before February 8, 2007. 

ADDRESSES: You may submit comments 

identified by DOT Docket Management 

System (DMS) Docket Numbers 

FMCSA–00–7165, FMCSA–04–19477, 

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 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, 

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 20 

individuals who have requested renewal 

of their exemptions in a timely manner. 

FMCSA has evaluated these 20 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. They 

are: 

Johnny Becerra 

Ross E. Burroughs 

Lester W. Carter 

Larry Chinn 

Christopher L. DePuy 

John B. Ethridge 

Larry J. Folkerts 

Randolph D. Hall 

Richard T. Hatchel 

Paul W. Hunter 

Robert L. LaFollette 

Ray P. Lenz 

Michael B. McClure 

Lamont S. McCord 

Francis M. McMullin 

Joe L. Meredith, Jr. 

Norman Mullins 

Harold W. Mumford 

Clarence H. Redding 

David J. Triplett 

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 20 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 33406; 65 FR 

57234; 69 FR 64806; 70 FR 2705). Each 

of these 20 applicants has requested 

timely renewal of the exemption and 


ycherry on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices 1057 

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 February 8, 

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 20 

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: January 3, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–99 Filed 1–8–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Prevention of Alcohol Misuse and 

Prohibited Drug Use in Transit 

Operations 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of random drug and 

alcohol testing rates. 

SUMMARY: This notice announces the 

random testing rates for employers 

subject to the Federal Transit 

Administration’s (FTA) drug and 

alcohol rules. 

DATES: Effective Date: January 9, 2007. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Powers, Drug and Alcohol Program 

Manager for the Office of Safety and 

Security, (202) 366–2896 (telephone) 

and (202) 366–7951 (fax). Electronic 

access to this and other documents 

concerning FTA’s drug and alcohol 

testing rules may be obtained through 

the FTA World Wide Web home page at 

http://www.fta.dot.gov, click on ‘‘Safety 

and Security.’’

SUPPLEMENTARY INFORMATION: On 

January 1, 1995, FTA required large 

transit employers to begin drug and 

alcohol testing employees performing 

safety-sensitive functions and to begin 

submitting annual reports by March 15 

of each year beginning in 1996. The 

annual report includes the number of 

employees who had a verified positive 

for the use of prohibited drugs, and the 

number of employees who tested 

positive for the misuse of alcohol. Small 

employers commenced their FTArequired testing on January 1, 1996, and 

began reporting the same information as 

the large employers beginning March 

15, 1997. The testing rules were updated 

on August 1, 2001, and established a 

random testing rate for prohibited drugs 

and the misuse of alcohol. 

The rules require that employers 

conduct random drug tests at a rate 

equivalent to at least 50 percent of their 

total number of safety-sensitive 

employees for prohibited drug use and 

at least 25 percent for the misuse of 

alcohol. The rules provide that the drug 

random testing rate may be lowered to 

25 percent if the ‘‘positive rate’’ for the 

entire transit industry is less than one 

percent for two preceding consecutive 

years. Once lowered, it may be raised to 

50 percent if the positive rate equals or 

exceeds one percent for any one year 

(‘‘positive rate’’ means the number of 

positive results for random drug tests 

conducted under 49 CFR 655.45 plus 

the number of refusals of random tests 

required by 49 CFR 655.49, divided by 

the total number of random drug tests, 

plus the number of refusals of random 

tests required by 49 CFR Part 655). 

The alcohol provisions provide that 

the random rate may be lowered to 10 

percent if the ‘‘violation rate’’ for the 

entire transit industry is less than 0.5 

percent for two consecutive years. It 

will remain at 25 percent if the 

‘‘violation rate’’ is equal to or greater 

than 0.5 percent but less than one 

percent, and it will be raised to 50 

percent if the ‘‘violation rate’’ is one 

percent or greater for any one year 

(‘‘violation rate’’ means the number of 

covered employees found during 

random tests given under 49 CFR 655.45 

to have an alcohol concentration of .04 

or greater, plus the number of 

employees who refuse a random test 

required by 49 CFR 655.49, divided by 

the total reported number of random 

alcohol tests plus the total number of 

refusals of random tests required by 49 

CFR Part 655.) 

49 CFR 655.45(b) states that, ‘‘the 

Administrator’s decision to increase or 

decrease the minimum annual 

percentage rate for random drug and 

alcohol testing is based, in part, on the 

reported positive drug and alcohol 

violation rates for the entire industry. 

The information used for this 

determination is drawn from the drug 

and alcohol Management Information 

System (MIS) reports required by 49 

CFR Part 655. In determining the 

reliability of the data, the Administrator 

shall consider the quality and 

completeness of the reported data, may 

obtain additional information or reports 

from employers, and may make 

appropriate modifications in calculating 

the industry’s verified positive results 

and violation rates.’’

The Administrator has determined 

that the random drug testing rate shall 

be reduced from 50 to 25 percent for 

2007 due to a ‘‘positive rate’’ lower than 

1.0 percent for random drug test data 

from 2003 through 2005. The random 

drug rates for the three preceding 

consecutive years are 0.96 for 2003, 0.89 

percent for 2004 and 0.79 percent for 

2005. 

In 2006, the FTA retained the random 

alcohol testing rate of 10 percent 

(reduced previously from 25 percent) 


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