
[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Notices]               
[Page 12442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr09-155]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-02-12844; FMCSA-02-12423; FMCSA-04-19477]

 
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 5 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, 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 March 9, 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 5 renewal applications, FMCSA renews the Federal 
vision exemptions for Lester G. Kelley, II, Dennis R. O'Dell, Jr., 
Jerry W. Parker, Virgil A. Potts, and Henry A. Shelton.
    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: March 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-6474 Filed 3-23-09; 8:45 am]

BILLING CODE 4910-EX-P
