[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5490-5492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1835]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-04-17984]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice of renewal of exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemption from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
Scott D. Goalder. FMCSA has statutory authority to exempt individuals 
from the vision requirement if the exemptions granted will not 
compromise safety. The Agency has concluded that renewing Mr. Goalder's 
exemption will provide a level of safety that will be equivalent to, or 
greater than, the level of safety maintained without the exemption for 
this commercial motor vehicle (CMV) driver.

DATES: This decision is effective February 25, 2007. Comments must be 
received on or before March 8, 2007.

ADDRESSES: You may submit comments identified by DOT Docket Management 
System (DMS) Docket Number FMCSA-

[[Page 5491]]

04 17984, 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, S.W., 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 number 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, [email protected] 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 Mr. 
Scott D. Goalder who has requested renewal of his exemption in a timely 
manner. FMCSA has evaluated his application for renewal on its merits 
and decided to extend the exemption for a renewable two-year period.
    This exemption is extended subject to the following conditions: (1) 
That Mr. Goalder 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 he 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 he 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. Mr. 
Goalder's exemption will be valid for two years unless rescinded 
earlier by FMCSA. The exemption will be rescinded if: (1) He 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, the 1 applicant has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (69 
FR 33997; 69 FR 61292). This 1 applicant 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 his record of safety while driving with the vision deficiency 
over the past two years indicates the 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 Mr. Goalder 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 Mr. 
Goalder'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 this driver submit comments by 
March 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 a notice of final disposition 
announcing its decision to exempt Mr. Goalder (69 FR 61293; Oct. 15, 
2004) from the vision requirement in 49 CFR 391.41(b)(10). The final 
decision to grant an exemption to this individual was based on the 
merits of his case and only after careful consideration of the comments 
received to its notice of application. The notice of application stated 
in detail the qualifications, experience, and medical condition of this 
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 this driver is 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 the driver.

[[Page 5492]]


    Issued on: January 30, 2007.
Pamela M. Pelcovits,
Office Director, Policy and Program Development.
 [FR Doc. E7-1835 Filed 2-5-07; 8:45 am]
BILLING CODE 4910-EX-P