Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 48275 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: (1) That each individual be 

physically examined 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, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received four comments in 

this proceeding. The comments were 

considered and discussed below. Two of 

the comments were recommendations in 

favor of granting the Federal vision 

exemption to Gerald Culverwell, John 

Brumberg, Armando D’Angeli, Scott 

Hillman, John Stone, and Robert 

Szeman. 

Advocates for Highway and Auto 

Safety (Advocates) expressed opposition 

to FMCSA’s policy to grant exemptions 

from the FMCSRs, 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 Kansas division of transportation 

challenged the validity of James W. 

Lappan’s reported CMV driving 

experience. The Agency is currently 

investigating the commenter’s claims 

and will wait to render a final decision 

in this case until the investigation is 

complete. 

Conclusion 

Based upon its evaluation of the 68 

exemption applications, FMCSA 

exempts, Ronald G. Adams, Catarino 

Aispuro, Edwin A. Betz, James F. 

Brumberg, Donald L. Carman, John W. 

Carter, Jr., Christopher R. Cone, Walter 

O. Connelly, Stephen B. Copeland, 

Gerald L. Culverwell, Armando P. 

D’Angeli, Stephen R. Daugherty, Donald 

R. Davis, Louis A. Dipasqua, Jr., Henry 

L. Donivan, Randy J. Doran, Robert E. 

Dukes, Roger D. Elders, Robert E. Engel, 

James F. Epperson, James H. Facemyre, 

Gregory L. Farrar, Richie Ford, Kevin K. 

Friedel, Eric M. Giddens, Sr., Paul W. 

Goebel, Jr., Edward J. Grant, Jeffery M. 

Hall, Ronnie L. Hanback, Steven G. 

Harter, Michael C. Hensley, George G. 

Hernandez, Jr., Scott A. Hillman, 

Charles S. Huffman, Lance G. James, 

Jesse P. Jamison, James A. Jones, Ronnie 

M. Jones, Andrew C. Kelly, Jason W. 

King, Leslie A. Landschoot, Billy J. 

Lewis, Larry McCoy, Tommy L. 

McKnight, Robert W. McMillian, Danny 

W. Nuckles, David G. Olsen, Robert L. 

Person, Carroll G. Quisenberry, Ryan J. 

Reimann, Ronny L. Rogers, Paul L. 

Savage, Manuel G. Savin, Brandon J. 

See, Douglas A. Sharp, LeTroy D. Sims, 

Robert M. Stewart, John L. Stone, Robert 

J. Szeman, Donald J. Thompson, Nils S. 

Thornberg, Daniel W. Toppings, 

Kenneth E. Valentine, Lewis H. West, 

Jr., Christopher R. Whitson, Leon S. 

Willis, and George L. Young from the 

vision requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above (49 CFR 

391.64(b)). 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each 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. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: August 12, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–19083 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–99–6156, FMCSA–99–

6480, FMCSA–00–7006, FMCSA–01–10578, 

FMCSA–02–11714, FMCSA–02–13411, 

FMCSA–03–16241, FMCSA–03–16564, 

FMCSA–04–17195, FMCSA–05–21711, 

FMCSA–05–22194, FMCSA–05–23099, 

FMCSA–05–23238, FMCSA–06–23773, 

FMCSA–06–24015, FMCSA–06–24783] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 58 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, 

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: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.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 


sroberts on PROD1PC70 with NOTICES
48276 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 

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 July 30, 2008. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

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 58 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Jawad K. 

Al-Shaibani, Harold J. Bartley, Jr., 

Kenneth J. Bernard, Allen G. Bors, Brad 

T. Braegger, Michael C. Branham, John 

E. Breslin, Trixie L. Brown, Raymond L. 

Brush, Marcus S. Burkholder, Scott F. 

Chalfant, Leroy A. Chambers, Harvis P. 

Cosby, Rodney D. Curtis, Norman J. Day, 

Michael D. DeBerry, Francisco Espinal, 

William L. Foote, Spencer N. Haugen, 

Victor B. Hawks, Edward J. Hess, Jr., 

William G. Hix, Ralph Holmes, Bruce A. 

Homan, Timothy B. Hummel, Fredrick 

C. Ingles, Larry L. Jarvis, Michael S. 

Johannsen, Charles Johnston, Harry L. 

Jones, Mearl C. Kennedy, Patrick E. 

Martin, Bennet G. Maruska, Leland K. 

McAlhaney, Bobby G. Minton, William 

C. Mohr, Sr., Charles J. Morman, Charles 

R. Murphy, Larry A. Nienhuis, Corey L. 

Paraf, Kenneth R. Piechnik, John J. 

Pribanic, Ronald M. Price, John P. 

Raftis, Bruce G. Robinson, Scott D. 

Russell, Alton M. Rutherford, Richard 

A. Schneider, Charles L. Schnell, 

Andrew W. Schollett, Joseph B. Shaw, 

Jr., Wolfgang V. Spekis, Sandra J. 

Sperling, Ryan K. Steelman, Robert L. 

Swartz, Jr., Charles V. Tracey, Duane L. 

Tysseling, and Leonard R. Wilson. 

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: August 12, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–19078 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–99–5578, FMCSA–99–

6156, FMCSA–99–6480, FMCSA–00–7006, 

FMCSA–00–7165, FMCSA–04–17195, 

FMCSA–06–23773, FMCSA–06–24015] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced 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 

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, 

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: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.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 June 16, 

2008. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

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 25 renewal 

applications, FMCSA renews the 

Federal vision exemptions for James C. 

Askin, Paul J. Bannon, Ernie E. Black, 

Ronnie F. Bowman, Gary O. Brady, 

Richard J. Cummings, Stephen H. 

Goldcamp, Steven F. Grass, Wai F. King, 

Dennis E. Krone, Christopher P. Lefler, 

William F. Mack, Richard J. McKenzie, 

Jr., Christopher J. Meerten, Craig W. 

Miller, William J. Miller, Robert J. 

Mohorter, James A. Mohr, Roderick F. 

Peterson, Tommy L. Ray, Jr., Ricky L. 

Shepler, Donald W. Sidwell, Elmer K. 

Thomas, Raul R. Torres, and Richard G. 

Wendt. 

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: August 12, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–19086 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Title 49 Code of 

Federal Regulations (CFR) § 211.41, and 

49 U.S.C. 20103, this notice is hereby 

given that the Federal Railroad 

Administration (FRA) has received a 

request for a waiver of compliance from 

certain requirements of its safety 

regulations. The individual petition is 

described below, including the parties 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

sought, and the petitioners’ argument in 

favor of relief. 

Association of American Railroads and 

The American Short Line and Regional 

Railroad Association 

[FRA Docket No. FRA–2008–0092] 

On August 6, 2008, the Association of 

American Railroads (AAR) and The 

American Short Line and Regional 

Railroad Association (ASLRRA) jointly 


sroberts on PROD1PC70 with NOTICES