Qualification of Drivers; Exemption Applications; Vision, 75806-75808 [E8-29416]
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75806
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
professional medical opinion, I feel
Harry McSuley has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
McSuley reported that he has driven
straight trucks for 55 years,
accumulating 1,650,000 miles, and
tractor-trailer combinations for 53 years,
accumulating 3,445,000 miles. He holds
a Class A CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Robert S. Metcalf
Mr. Metcalf, 57, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20 and in the left,
20/300. Following an examination in
2008, his optometrist noted, ‘‘Aside
from needing glasses for reading, Mr.
Metcalf should have not problems
driving a commercial vehicle without
correction.’’ Mr. Metcalf reported that
he has driven straight trucks for 31
years, accumulating 620,000 miles, and
tractor-trailer combinations for 28 years,
accumulating 1.7 million miles. He
holds a Class A CDL from Arizona. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
jlentini on PROD1PC65 with NOTICES
Elmer R. Miller
Mr. Miller, 64, has complete loss of
vision in his left eye due to a traumatic
injury sustained in 1986. The best
corrected visual acuity in his right eye
is 20/30. Following an examination in
2008, his ophthalmologist noted, ‘‘I
certify that, in my medical opinion, he
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Miller
reported that he has driven straight
trucks for 47 years, accumulating
564,000 miles. He holds a Class C
operator’s license from Illinois. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Richard L. Moreland
Mr. Moreland, 49, has complete loss
of vision in his right eye due to a
traumatic injury sustained in 1966. The
visual acuity in his left eye is 20/20.
Following an examination in 2008, his
optometrist noted, ‘‘Based on these
findings, I feel Richard L. Moreland has
the visual abilities to safely continue to
operate a commercial motor vehicle in
interstate commerce because his visual
loss has been present since 1966.’’ Mr.
Miller reported that he has driven
straight trucks for 23 years,
accumulating 230,000 miles. He holds a
Class A CDL from Missouri. His driving
record for the last 3 years shows no
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17:56 Dec 11, 2008
Jkt 217001
crashes and no convictions for moving
violations in a CMV.
Stanley J. Morris
Mr. Morris, 46, has complete loss of
vision in his left eye due to a traumatic
injury since childhood. The best
corrected visual acuity in his right eye
is 20/20. Following an examination in
2008, his optometrist noted, ‘‘I certify
that, in my medical opinion, the
applicant’s visual deficiency is stable
and has sufficient vision to perform the
driving tasks required to operate a
commercial motor vehicle, and that the
applicant’s condition will not adversely
affect his ability to operate a commercial
motor vehicle safely.’’ Mr. Morris
reported that he has driven straight
trucks for 11 years, accumulating
264,000 miles, and tractor-trailer
combinations for 6 years, accumulating
399,000 million miles. He holds a Class
A CDL from Missouri. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Barbara C. Pennington
Ms. Pennington, 45, has a prosthetic
right eye due to enucleation following a
traumatic injury in 1991. The best
corrected visual acuity in her left eye is
20/20. Following an examination in
2008, her ophthalmologist noted, ‘‘The
vision is stable in her left eye and Ms.
Pennington is able to operate a
commercial motor vehicle from an
ocular standpoint.’’ Ms. Pennington
reported that she has driven straight
trucks for 1 year, accumulating 50,000
miles, and tractor-trailer combinations
for 15 years, accumulating 1.5 million
miles. She holds a Class A CDL from
Florida. Her driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Ronald M. Scott
Mr. Scott, 52, has loss of vision in his
right eye due to a traumatic injury that
occurred in 1984. The visual acuity in
his right eye is count fingers and in the
left eye, 20/15. Following an
examination in 2008, his optometrist
noted, ‘‘I feel that Mr. Scott has more
than sufficient vision in his left eye to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Scott reported that he has driven
straight trucks for 30 years,
accumulating 2.6 million miles, and
tractor-trailer combinations for 30 years,
accumulating 3 million miles. He holds
a Class A CDL from Indiana. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
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Jeremichael Steele
Mr. Steele, 41, has loss of vision in his
left eye due to a retinal scar sustained
from a traumatic injury as a child. The
best corrected visual acuity in his right
eye is 20/20. Following an examination
in 2008, his optometrist noted, ‘‘In my
medical opinion, Mr. Steele has
sufficient vision to perform the driving
tasks to operate a commercial vehicle.’’
Mr. Steele reported that he has driven
tractor-trailer combinations for 6 years,
accumulating 240,000 miles, and buses
for 7 years, accumulating 63,000 miles.
He holds a Class A CDL from North
Carolina. His driving record for the last
3 years shows no crashes, and one
conviction for a moving violation in a
CMV; he changed lanes improperly.
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 January 12, 2009. 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: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–29415 Filed 12–11–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–00–7006; FMCSA–00–
7363; FMCSA–01–10570; FMCSA–02–12294;
FMCSA–04–18885; 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
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
Motor Carrier Safety Regulations for 12
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 January
3, 2009. Comments must be received on
or before January 12, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–00–
7006; FMCSA–00–7363; FMCSA–01–
10570; FMCSA–02–12294; FMCSA–04–
18885; 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
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
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
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 12 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
12 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are: Robert W. Brown,
David D. Bungori, Jr., Benny J. Burke,
David R. Cox, Gary T. Hicks, Robert T.
Hill, John C. McLaughlin, Kenneth D.
Sisk, David W. Skillman, Rick N. Ulrich,
Stephen D. Vice, and Larry D.
Wedekind.
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
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75807
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 12 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (73 FR 20245; 65 FR
57230; 67 FR 71610; 69 FR 64810; 71 FR
66217; 57 FR 57266; 69 FR 62741; 71 FR
62147; 65 FR 45817; 65 FR 77066; 67 FR
71610; 69 FR 64810; 72 FR 184; 66 FR
53826; 66 FR 66966; 69 FR 17267; 71 FR
43556; 67 FR 46016; 67 FR 57267; 69 FR
51346; 71 FR 50970; 69 FR 53493; 69 FR
62742; 71 FR 32183; 71 FR 41310). Each
of these 12 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
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75808
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
drivers submit comments by January 12,
2009.
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 12
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: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–29416 Filed 12–11–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2006–25040]
jlentini on PROD1PC65 with NOTICES
Capital Metropolitan Transportation
Authority; Notice of Public Hearing
On August 8, 2006, the Federal
Railroad Administration (FRA)
published a notice (Notice) in the
Federal Register announcing Capital
Metropolitan Authority’s (CMTA)
request for a waiver of compliance from
certain provisions of Title 49 of the
Code of Federal Regulations (CFR) for
the operation of a new planned
Commuter Rail Service (CRS) that will
share trackage with the Austin Area
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17:56 Dec 11, 2008
Jkt 217001
Terminal Railroad (AUAR), a common
carrier freight railroad. As explained in
the Notice, CMTA is constructing a 32mile rail system (27 miles shared with
AUAR) linking the City of Leander,
Texas, with downtown Austin, TX.
CMTA plans to utilize temporal
separation of freight and passenger
operations on the shared trackage and a
light rail style, non-FRA compliant
Diesel-Multiple Unit (DMU) vehicle in
order to offer a ‘‘ ‘one seat ride’
operating on both the CMTA mainline
and in city streets with tight curvature.’’
As detailed in the Notice, CMTA
seeks a waiver of compliance from
certain regulatory provisions of 49 CFR
parts 219 (Control of Alcohol and Drug
Use), 221 (Rear end marking device),
223 (Safety glazing standards), 225
(Railroad accident/incident reporting),
229 (Railroad locomotive safety
standards), 231 (Railroad safety
appliance standards), 238 (Passenger
equipment safety standards), 239
(Passenger train emergency
preparedness) and 240 (Qualification
and certification of locomotive
engineers).
Noting that certain provisions in 49
CFR part 231 pertaining to safety
appliances are statutorily required, and
therefore not subject to FRA’s waiver
authority, CMTA also requests that FRA
exercise its authority under 49 U.S.C.
20306 to exempt CMTA from certain
provisions of Chapter 203, Title 49, of
the United States Code because the
‘‘CMTA DMU vehicles will be equipped
with their own array of safety devices
resulting in equivalent safety.’’
Specifically, CMTA requests that for
purposes of its planned CRS system,
FRA exempt it from the requirements of
49 U.S.C. 20302 mandating that railroad
vehicles be equipped with (1)
Handbrakes, (2) sill steps; and (3) side
and end handholds.
CMTA indicates that the DMU
vehicles it plans to utilize for its CRS
service are equipped with automatic
spring applied parking brakes, as
opposed to conventional hand brakes as
required by Section 20302. CMTA
further indicates that the parking brakes
will be controlled by the one-person
crew operating the vehicle from control
stands within the vehicle and that the
parking brakes are capable of holding a
vehicle on a six percent grade at an 84.5
ton load. Accordingly, CMTA states the
parking brake of its DMU vehicles
serves the same purpose of a
conventional hand brake, but in a
manner that provides an equivalent or
superior level of safety.
CMTA further indicates that sill steps
(required by Section 20302) are not
necessary for safety on the DMU
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
vehicles and would not enhance the
safety of the vehicles. Specifically,
CMTA explains that the door threshold
of the vehicles is 23.5 inches above the
top of the rail, and such configuration
renders still steps unnecessary.
CMTA also indicates that side and
end handholds (required by Section
20302) are not necessary for safety on its
DMU vehicles and in fact, such
appliances might present a safety hazard
in the street-running environment of its
planned CRS system. Specifically,
noting that handholds are typically
intended for use by crew members
performing yard and service duties,
CMTA notes that its operations will not
involve any such activities from
positions outside and adjacent to the
vehicle or near vehicle doors. Instead,
CMTA indicates that yard moves will be
controlled from the control stand within
the vehicle by the on-board operator and
switches will be hand thrown.
Therefore, CMTA notes that there is no
need for personnel to mount or
dismount the vehicles using external
appliances of any kind. Further, CMTA
expresses reservation about installing
external handholds because of the
street-running characteristics of its
planned CRS service noting that such
appliances would give pedestrians ‘‘the
opportunity to grab onto something on
the outside of the vehicle with the
intention to hitch an unlawful,’’ and
unsafe, ride.
In accordance with 49 U.S.C. 20306,
FRA may exempt CMTA from the above
statutory requirements based on
evidence received and findings
developed at a hearing demonstrating
that the statutory requirements
‘‘preclude the development or
implementation of more efficient
railroad transportation equipment or
other transportation innovations under
existing law.’’ Accordingly, in order to
receive evidence and develop findings
to determine whether FRA should
invoke its discretionary authority under
49 U.S.C. 20306 in this instance, a
public hearing is scheduled to begin at
9 a.m. on Thursday, January 8, 2009, at
the Hilton Garden Inn located at 815
14th Street, NW., in Washington, DC.
Interested parties are invited to present
oral statements at the hearing. The
hearing will be informal and will be
conducted by a representative
designated by FRA in accordance with
FRA’s Rules of Practice (49 CFR 211.25).
The hearing will be a non-adversarial
proceeding; therefore, there will be no
cross examination of persons presenting
statements. FRA representative will
make an opening statement outlining
the scope of the hearing. After all initial
statements have been completed, those
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12DEN1
Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75806-75808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29416]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-00-7006; FMCSA-00-7363; FMCSA-01-10570; FMCSA-02-
12294; FMCSA-04-18885; 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
[[Page 75807]]
Motor Carrier Safety Regulations for 12 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 January 3, 2009. Comments must be
received on or before January 12, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-00-7006; FMCSA-00-7363; FMCSA-
01-10570; FMCSA-02-12294; FMCSA-04-18885; 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
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 12 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 12 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Robert W. Brown, David D. Bungori, Jr., Benny J. Burke, David R. Cox,
Gary T. Hicks, Robert T. Hill, John C. McLaughlin, Kenneth D. Sisk,
David W. Skillman, Rick N. Ulrich, Stephen D. Vice, and Larry D.
Wedekind.
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 12 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (73 FR 20245; 65 FR 57230; 67 FR 71610; 69 FR 64810; 71 FR
66217; 57 FR 57266; 69 FR 62741; 71 FR 62147; 65 FR 45817; 65 FR 77066;
67 FR 71610; 69 FR 64810; 72 FR 184; 66 FR 53826; 66 FR 66966; 69 FR
17267; 71 FR 43556; 67 FR 46016; 67 FR 57267; 69 FR 51346; 71 FR 50970;
69 FR 53493; 69 FR 62742; 71 FR 32183; 71 FR 41310). Each of these 12
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
[[Page 75808]]
drivers submit comments by January 12, 2009.
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 12 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: December 5, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-29416 Filed 12-11-08; 8:45 am]
BILLING CODE 4910-EX-P