
[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Notices]               
[Page 36779-36780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-152]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2003-16564; FMCSA-2005-23238; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-
2007-0071; FMCSA-2008-0021]

 
Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew the 
exemptions from the vision requirement

[[Page 36780]]

in the Federal Motor Carrier Safety Regulations for 29 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.

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 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 May 17, 2010 (75 FR 19674).

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is 
considered and discussed below. An anonymous individual stated that he 
feels the Agency is negligent and lets drivers who can't see get by 
with unsafe regulations. The individual feels that standards need to be 
instituted to guide the medical doctors.
    In regard to this comment, to evaluate the effect of these 
exemptions on safety, FMCSA considered not only the medical reports 
about the applicants' vision, but also their driving records and 
experience with the vision deficiency. To qualify for an exemption from 
the vision standard, FMCSA requires a person to present verifiable 
evidence that he or she has driven a commercial vehicle safely with the 
vision deficiency for 3 years. Recent driving performance is especially 
important in evaluating future safety, according to several research 
studies designed to correlate past and future driving performance. 
Results of these studies support the principle that the best predictor 
of future performance by a driver is his/her past record of crashes and 
traffic violations. Copies of the studies may be found at Docket Number 
FMCSA-1998-3637. FMCSA also relies on the medical physician examining 
the driver to determine if the individual has sufficient vision to 
perform the tasks necessary to operate a commercial vehicle safely.

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 29 renewal applications, FMCSA renews the Federal 
vision exemptions for Gerald L. Anderson, Leo G. Becker, Timothy W. 
Bickford, Stanley W. Davis, Ray L. Emert, Sean O. Feeny, Steven R. 
Felks, Marvin T. Fowler, Michael J. Frein, Jimmy G. Hall, Hazel L. 
Hopkins, Jr., Dennis R. Irvin, Mark L. LeBlanc, David A. Miller, Rick 
P. Moreno, Paul D. Schnautz, Steve J. Sherar, Robert F. Skinner, Jr., 
William T. Smiley, Richard M. Smith, Robert A. Stoeckle, David N. 
Stubbs, Edward J. Sullivan, Aaron S. Taylor, Martin L. Taylor, Gary R. 
Thomas, William B. Thomas, Michael J. Tisher and Kevin R. White.
    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: June 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-15676 Filed 6-25-10; 8:45 am]
BILLING CODE 4910-EX-P

