
[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Notices]               
[Page 20881-20883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap10-115]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2003-16241; FMCSA-
2003-16564; FMCSA-2005-21711; FMCSA-2005-22194; MCSA-2005-22727; FMCSA-
2005-23099; FMCSA-2007-0017; FMCSA-2007-0071]

 
Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew 17 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 exemption renewals will 
provide a level of safety that is 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 23, 2010. Comments must be 
received on or before May 21, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1999-6480; FMCSA-2001-11426; 
FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-21711; FMCSA-2005-22194; 
FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0017; FMCSA-2007-0071, 
using any of the following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.

[[Page 20882]]

    Each submission must include the Agency name and the docket number 
for this Notice. Note that DOT posts all comments received without 
change to http://www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment 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 DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://www.regulations.gov.

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: 

Background

    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.

Exemption Decision

    This notice addresses 17 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 17 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Roy L. Allen
Lyle H. Banser
Lloyd J. Botsford
Walter M. Brown
Charley J. Davis
Derek T. Ford
Paul D. Gaither
Taras G. Hamilton
Thomas R. Hedden
Laurent G. Jacques
Lucio Leal
Earl R. Mark
Douglas A. Mendoza
Michael R. Moore
Richard W. Neyens
John P. Rodrigues
Charles W. Towner, Jr.

    The exemptions are extended subject to the following conditions: 
(1) That each individual has 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 
provides 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 provides a copy of the annual medical 
certification to the employer for retention in the driver's 
qualification file and retains 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 17 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 68195; 65 FR 20251; 67 FR 17102; 69 FR 17267; 71 FR 
16410; 67 FR 10471; 67 FR 19798; 69 FR 19611; 71 FR 19604; 73 FR 15254; 
68 FR 61857; 68 FR 75715; 71 FR 646; 72 FR 71998; 68 FR 74699; 69 FR 
10503; 71 FR 6829; 70 FR 48797; 70 FR 61493; 70 FR 57353; 70 FR 72689; 
70 FR 71884; 71 FR 4632; 73 FR 9158; 71 FR 4194; 71 FR 13450; 72 FR 
67340; 73 FR 1395; 73 FR 6242; 73 FR 16950). Each of these 17 
applicants has requested 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 May 21, 2010.
    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 17 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 made 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

[[Page 20883]]

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: April 15, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-9117 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-EX-P

