
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Notices]               
[Page 7101-7102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe09-86]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-00-8398; FMCSA-00-7165; FMCSA-04-18885; FMCSA-04-
17984; FMCSA-06-24783]

 
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 in the Federal Motor Carrier 
Safety Regulations for 26 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, 400 Seventh Street, SW., Room 8301, 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 November 17, 2008.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was 
considered and discussed below.

[[Page 7102]]

    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 here, but refer interested parties to those 
earlier discussions.

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 26 renewal applications, FMCSA renews the Federal 
vision exemptions for Paul G. Albrecht, Elijah A. Allen, Jr., David W. 
Brown, Monty G. Calderon, David J. Caldwell, Walden V. Clarke, Awilda 
S. Colon, David Hagadorn, Zane G. Harvey, Jr., Jeffrey M. Keyser, 
Donnie A. Kildow, Carl M. McIntire, Daniel A. McNabb, David G. Meyers, 
Robert E. Moore, Thomas L. Oglesby, Michael J. Paul, Russell A. Payne, 
Rodgey M. Pegg, Raymond E. Peterson, Zbigniew P. Pietranik, John C. 
Rodriguez, James A. Walker, Richard A. Westfall, Charles E. Wood, and 
Joseph F. Wood.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal 
exemption willbe 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: February 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-2954 Filed 2-11-09; 8:45 am]

BILLING CODE 4910-EX-P
