
[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]               
[Page 62884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de09-158]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9561; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-
2005-21711; FMCSA-2006-26066; FMCSA-2007-26653; FMCSA-2007-27897; 
FMCSA-2007-28695]

 
Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

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 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:

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 October 26, 2009.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence regarding 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 Calvin D. Atwood, Gregory W. Babington, 
George L. Cannon, William P. Doolittle, Steven C. Durst, Kenneth J. 
Fisk, Jonathan M. Gentry, Danny R. Gray, Benny D. Hatton, Jr., Robert 
W. Healey, Jr., Nathaniel H. Herbert, Jr., Jason E. Mallette, Thomas W. 
Markham, Raul Martinez, Joseph L. Mast, Kevin L. Moody, Terry W. Moore, 
Charles W. Mullenix, Robert M. Pickett, II, Donald F. Plouf, John N. 
Poland, Brent L. Seaux, Humberto A. Valles, Gary M. Wolff, John C. 
Young and George R. Zenor.
    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: November 23, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-28702 Filed 11-30-09; 8:45 am]

BILLING CODE 4910-EX-P
