Qualification of Drivers; Exemption Applications; Vision, 61925-61927 [E8-24700]

Download as PDF Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices driving tasks required to operate a commercial vehicle.’’ Mr. Rich reported that he has driven straight trucks for 3 years, accumulating 156,000 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Melinda V. Salas Ms. Salas, 47, has a prosthetic right eye due to traumatic injury since childhood. The best corrected visual acuity in her left eye is 20/20. Following an examination in 2008, her optometrist noted, ‘‘In my medical opinion, Melinda has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Ms. Salas reported that she has driven straight trucks for 5 years, accumulating 27,000 miles. She holds a Class C operator’s license from California. Her driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. sroberts on PROD1PC70 with NOTICES Jayland R. Siebers Mr. Siebers, 52, has a prosthetic right eye due to meningioma of the optic nerve that occurred in 1993. The visual acuity in his left eye is 20/20. Following an examination in 2008, his optometrist noted, ‘‘I certify that he meets the visual requirements outlined to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Siebers reported that he has driven tractor– trailer combinations for 32 years, accumulating 3.8 million miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV. He exceeded the speed limit by 12 mph. Christopher G. Strand Mr. Strand, 37, has aphakia in his left eye due to a traumatic injury that occurred 20 years ago. The best corrected visual acuity in his right eye is 20/20 and in the left, 20/100. Following an examination in 2008, his optometrist noted, ‘‘In my opinion, Chris’s visual status and adaptation to it is sufficient for him to operate a commercial vehicle.’’ Mr. Strand reported that he has driven tractor– trailer combinations for 12 years, accumulating 1.3 million miles. He holds a Class A CDL from Wisconsin. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael J. Welle Mr. Welle, 52, has aphakia in his right eye due to a traumatic injury that he sustained as a child. The visual acuity VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 in his right eye is 20/400 and in the left, 20/20. Following an examination in 2008, his optometrist noted, ‘‘Mr. Welle has had this condition for 40 years and it has been stable and he has adapted very well, his peripheral vision and color vision are normal and in my professional opinion has more than adequate vision to operate a commercial vehicle.’’ Mr. Welle reported that he has driven tractor–trailer combinations for 24 years, accumulating 2.4 million miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Patricia A. White Ms. White, 39, has had amblyopia in her right eye since birth. The best corrected visual acuity in her right eye is 20/400 and in the left, 20/20. Following an examination in 2008, her optometrist noted, ‘‘I feel that Ms. White has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Ms. White reported that she has driven buses for 14 years, accumulating 406,000 miles. She holds a Class D operator’s license from Illinois. Her driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business November 17, 2008. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: October 9, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–24691 Filed 10–16–08; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 61925 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 Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: SUMMARY: FMCSA announces 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 exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. This decision is effective October 27, 2008. Comments must be received on or before November 17, 2008. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA–00– 8398; FMCSA–00–7165; FMCSA–04– 18885; FMCSA–04–17984; FMCSA–06– 24783, using any of the following methods. • Federal eRulemaking Portal: Go to https://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 https://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 DATES: E:\FR\FM\17OCN1.SGM 17OCN1 61926 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices comments, go to https:// 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 selfaddressed, 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 https://DocketInfo.dot.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. sroberts on PROD1PC70 with NOTICES Exemption Decision This notice addresses 26 individuals who have requested a renewal of their exemption in accordance with FMCSA procedures. FMCSA has evaluated these 26 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Paul G. Albrecht Elijah A. Allen, Jr. David W. Brown Monty G. Calderon David J. Caldwell VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 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 Rodney M. Pegg Raymond E. Peterson Zbigniew P. Pietranik John C. Rodriguez James A. Walker Richard A. Westfall Charles E. Wood Joseph F. Wood These exemptions are extended subject to the following conditions: (1) That each individual have 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 provide 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 provide 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 26 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 78256; 66 FR 16311; 65 FR 33406; 65 FR 57234; 67 FR 57266; 69 FR 52741; 71 FR 53489; 69 FR PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 53493; 69 FR 62742; 71 FR 62148; 69 FR 33997; 69 FR 61292; 71 FR 55820; 71 FR 32183; 71 FR 41310). Each of these 26 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 November 17, 2008. 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 26 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 E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices 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: October 10, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–24700 Filed 10–16–08; 8:45 am] BILLING CODE 4910–EX–P 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 2, 2008. Discussion of Comments FMCSA received no comments in this proceeding. Conclusion DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–99–6156, FMCSA–00– 7006, FMCSA–00–7165, FMCSA–02–12294] Qualification of Drivers; Exemption Renewals; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 34 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. 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: FOR FURTHER INFORMATION CONTACT: sroberts on PROD1PC70 with NOTICES Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. 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 34 renewal applications, FMCSA renews the Federal vision exemptions for John W. Arnold, Derric D. Burrell, Anthony J. Cesternino, Jack D. Clodfelter, Tommy J. Cross, Jr., Eric L. Dawson, III, Richard L. Derick, Craig E. Dorrance, Jos Reginald I. Hall eph A. Dunlap, Calvin J. Eldridge, Shawn B. Gaston, James F. Gereau, Ronald E. Goad, James O. Hancock, Sherman W. Hawk, Jr., Robert C. Jeffres, Alfred C. Jewell, Jr., Lewis V. McNeice, Kevin J. O’Donnell, Gregory M. Preves, James M. Rafferty, Paul C. Reagle, Sr., Daniel Salinas, Wayne R. Sears, Lee R. Sidwell, David L. Slack, James C. Smith, Roger R. Strehlow, John T. Thomas, Brian W. Whitmer, Jeffrey D. Wilson, Larry M. Wink, and William E. Woodhouse. 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: October 9, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–24695 Filed 10–16–08; 8:45 am] BILLING CODE 4910–EX–P Background 19:18 Oct 16, 2008 Jkt 217001 PO 00000 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–99–6480; FMCSA–99– 5578; FMCSA–99–5748; FMCSA–01–11426; FMCSA–02–12294; FMCSA–04–17195; FMCSA–05–22194; FMCSA–06–24783] Qualification of Drivers; Exemption Renewals; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 16 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. 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: FOR FURTHER INFORMATION CONTACT: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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 September 17, 2008. Discussion of Comments Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption VerDate Aug<31>2005 61927 FMCSA received no comments in this proceeding. Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61925-61927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24700]


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

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 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 
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 
exemption renewals will provide a level 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 October 27, 2008. Comments must be 
received on or before November 17, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-00-8398; FMCSA-00-7165; FMCSA-
04-18885; FMCSA-04-17984; FMCSA-06-24783, using any of the following 
methods.
     Federal eRulemaking Portal: Go to https://
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 https://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

[[Page 61926]]

comments, go to https://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 https://DocketInfo.dot.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 26 individuals who have requested a renewal 
of their exemption in accordance with FMCSA procedures. FMCSA has 
evaluated these 26 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

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
Rodney M. Pegg
Raymond E. Peterson
Zbigniew P. Pietranik
John C. Rodriguez
James A. Walker
Richard A. Westfall
Charles E. Wood
Joseph F. Wood

    These exemptions are extended subject to the following conditions: 
(1) That each individual have 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 
provide 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 provide 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 26 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (65 FR 78256; 66 FR 16311; 65 FR 33406; 65 FR 57234; 67 FR 
57266; 69 FR 52741; 71 FR 53489; 69 FR 53493; 69 FR 62742; 71 FR 62148; 
69 FR 33997; 69 FR 61292; 71 FR 55820; 71 FR 32183; 71 FR 41310). Each 
of these 26 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 November 17, 2008.
    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 26 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

[[Page 61927]]

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: October 10, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-24700 Filed 10-16-08; 8:45 am]
BILLING CODE 4910-EX-P