
[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]               
[Page 6214-6215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe09-78]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-
2000-7165; FMCSA-2001-11426; FMCSA 2002-11714; FMCSA-2002-12294; FMCSA-
2003-14223; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2005-21254; 
FMCSA-2005-22194; FMCSA-2005-23238; FMCSA-2006-24015; FMCSA-2006-24783]

 
Qualification of Drivers; Exemption Renewals; Vision; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; Correction.

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SUMMARY: On September 9, 2008 (73 FR 52451), October 17, 2008 (73 FR 
61927), and October 31, 2008 (73 FR 65009), the Federal Motor Carrier 
Safety Administration (FMCSA) published four notices of final 
disposition in the Federal Register with an inadvertent error in each. 
Those notices stated that the Agency did not receive comments in the 
proceedings. This document corrects that error, because it was brought 
to the Agency's attention that comments had been submitted. This 
correction does not affect the Agency's previous decision to renew the 
exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations for the individuals specifically identified in the 
September 9, 2008, October 17, 2008 and October 31, 2008 final 
disposition notices.

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, by accessing 
the docket numbers in the heading of this notice.

Background

    FMCSA announced in the September 9, 2008, October 17, 2008 and 
October 31, 2008 notices that no comments were received in the 
proceedings. This was in error. The notices should read that comments 
were received. The Advocates for Highway and Auto Safety filed the same 
comment in all four proceedings.

Corrections

    1. In notice FR Doc. E8-20890 beginning on page 52451, second 
column, under the separate headings of Discussion of Comments and 
Conclusion, in the issue of Tuesday, September 9, 2008:
    2. In notice FR Doc. E8-224695 beginning on page 61927, second 
column, under the separate headings of Discussion of Comments and 
Conclusion, in the issue of Friday, October 17, 2008:
    3. In notice FR Doc. E8-224698 beginning on page 61927, third 
column, under the separate headings of Discussion of Comments and 
Conclusion, in the issue of Friday, October 17, 2008:
    4. In notice FR Doc. E8-26059 beginning on page 65010, first 
column, under the separate headings of Discussion of Comments and 
Conclusion, in the issue of Friday, October 31, 2008, change to read as 
follows:

Discussion of Comments

    FMCSA received one comment in this proceeding. 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, but refer interested parties to those 
earlier discussions.

Conclusion

    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 
announcements 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. The Agency has not received any adverse 
evidence on any of these drivers that indicates that safety is being 
compromised. Based upon evaluation of the renewal applicants, FMCSA 
stands by its decision to renew the exemptions from the Federal Motor 
Carrier Safety regulations for the 39 individuals specified in the 
September 9, 2008 final disposition notice, the 34 individuals

[[Page 6215]]

and the 16 individuals specified in the two October 17, 2008 final 
disposition notices and the 13 individuals specified in October 31, 
2008 final disposition notice.
    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: January 29, 2009
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2437 Filed 2-4-09; 8:45 am]

BILLING CODE 4910-EX-P
