
[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe09-140]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-00-7918; FMCSA-00-8398; FMCSA-06-26066]


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 44 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 January 21, 2009.

Discussion of Comments

    FMCSA received no comments in this proceeding.

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 44 renewal applications, FMCSA renews the Federal
vision exemptions for Michael L. Allen, Felipe Bayron, Dennis M. Boggs,
Roy L. Brown, David L. Cattoor, Roger E. Clark, Gary C. Cone, Cesar A.
Cruz, Arthur Dolengewicz, Wayne A. Elkins, II, Barry J. Ferdinando,
Leon C. Flynn, David G. Guldan, Larry W. Hancock, Guadalupe J.
Hernandez, James L. Houser, Richard G. Isenhart, Ricky G. Jacks, Joe E.
Jones, Damir Kocijan, Robert T. Lantry, John W. Laskey, Kenneth Liuzza,
Samson B. Margison, Michael W. McClain, Terrence L. McKinney, Ellis T.
McKneely, Dennis N. McQuiston, Garth R. Mero, Ronald C. Morris, Charles
R. Patten, Kenneth E. Parrott, Raymond E. Royer, Randal C. Schmude,
Steven M. Scholfield, Dennis J. Smith, David C. Stitt, Kevin L.
Truxell, Earl M. Vaughan, Bruce A. Walker, Harold R. Wallace, Lee A.
Wiltjer, John H. Wisner, and Theron L. Wood.
    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: February 3, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2756 Filed 2-9-09; 8:45 am]

BILLING CODE 4910-EX-P
