
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8184-8186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3567]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-22194; 
FMCSA-2007-27897]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
15 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 
exemption renewals will provide a level

[[Page 8185]]

of safety that is equivalent to, or greater than, the level of safety 
maintained without the exemptions for these commercial motor vehicle 
(CMV) drivers.

DATES: This decision is effective March 5, 2010. Comments must be 
received on or before March 25, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2003-16241; FMCSA-2003-16564; 
FMCSA-2005-22194; FMCSA-2007-27897, using any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this Notice. Note that DOT posts all comments received without 
change to http://www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://www.regulations.gov.

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 renew an exemption 
from the vision requirements in 49 CFR 391.41(b)(10), which applies to 
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including 
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 15 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 15 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Lee A. Burke, Barton C. Caldara, Allan Darley, Robin S. England, 
Charles D. Grady, Richard Hailey, Jr., Robert V. Hodges, George R. 
Knavel, John R. Knott, III, Timothy S. Miller, Roger D. Mollak, Edward 
D. Pickle, Ezequiel M. Ramirez, James L. Schmitt, James T. Wortham, Jr.

    These exemptions are extended subject to the following conditions: 
(1) That each individual has a physical examination every year (a) by 
an ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and 
(b) by a medical examiner who attests that the individual is otherwise 
physically qualified under 49 CFR 391.41; (2) that each individual 
provides a copy of the ophthalmologist's or optometrist's report to the 
medical examiner at the time of the annual medical examination; and (3) 
that each individual provides a copy of the annual medical 
certification to the employer for retention in the driver's 
qualification file and retain a copy of the certification on his/her 
person while driving for presentation to a duly authorized Federal, 
State, or local enforcement official. Each exemption will be valid for 
two years unless rescinded earlier by FMCSA. The exemption will be 
rescinded 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(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 15 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (68 FR 61857; 68 FR 75715; 71 FR 644; 73 FR 19928; 68 FR 
74699; 69 FR 10503; 71 FR 6829; 70 FR 57353; 70 FR 72689; 73 FR 222; 72 
FR 39879; 72 FR 52419). Each of these 15 applicants has requested 
renewal of the exemption and has submitted evidence showing that the 
vision in the better eye continues to meet the standard specified at 49 
CFR 391.41(b)(10) and that the vision impairment is stable. In 
addition, a review of each record of safety while driving with the 
respective vision deficiencies over the past two years indicates each 
applicant continues to meet the vision exemption standards. These 
factors provide an adequate basis for predicting each driver's ability 
to continue to drive safely in interstate commerce. Therefore, FMCSA 
concludes that extending the exemption for each renewal applicant for a 
period of two years is likely to achieve a level of safety equal to 
that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by March 25, 2010.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 15

[[Page 8186]]

individuals from the vision requirement in 49 CFR 391.41(b)(10). The 
final decision to grant an exemption to each of these individuals was 
based on the merits of each case and only after careful consideration 
of the comments received to its notices of applications. The notices of 
applications stated in detail the qualifications, experience, and 
medical condition of each applicant for an exemption from the vision 
requirements. That information is available by consulting the above 
cited Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all of these drivers, are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

    Issued on: February 5, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3567 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P


