Qualification of Drivers; Exemption Applications; Vision, 9329-9331 [E9-4448]
Download as PDF
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices
Register of the reason why the
Secretary’s decision on the application
is delayed, along with an estimate of the
additional time necessary before the
decision is made.’’
The ATA and Massachusetts
Department of Highways’ applications
for a preemption determination are still
under consideration by FMCSA. The
Agency currently is conducting factfinding and legal analysis in response to
the applications. Because of this
additional fact-finding and legal
analysis, it is impracticable to issue a
decision within the 180-day timeframe.
In order to allow time for full
consideration of the issues raised by the
applications, FMCSA delays issuance of
its determination, and estimates a
decision will be published in
approximately 120 days.
Issued on: February 25, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9–4453 Filed 3–2–09; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–26367]
Motor Carrier Safety Advisory
Committee Public Meeting
mstockstill on PROD1PC66 with NOTICES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Motor Carrier Safety
Advisory Committee Meeting.
SUMMARY: FMCSA announces that the
Motor Carrier Safety Advisory
Committee (MCSAC) will hold a
committee meeting. The meeting is open
to the public.
DATES: The meeting will be held from
1 p.m. to 4 p.m. on March 18, 2009.
Written comments must be received by
noon on March 18, 2009.
ADDRESSES: The meeting will be held at
the U.S. Department of Transportation,
Media Center, West Building, Ground
Floor, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeffrey K. Miller, Chief, Strategic
Planning and Program Evaluation
Division, Office of Policy Plans and
Regulation, Federal Motor Carrier Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
(202) 366–5370, mcsac@dot.gov.
SUPPLEMENTARY INFORMATION:
16:42 Mar 02, 2009
Jkt 217001
Section 4144 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU,
Pub. L. 109–59) required the Secretary
of the U.S. Department of
Transportation to establish in FMCSA, a
Motor Carrier Safety Advisory
Committee. The advisory committee
provides advice and recommendations
to the FMCSA Administrator on motor
carrier safety programs and motor
carrier safety regulations. The advisory
committee operates in accordance with
the Federal Advisory Committee Act
(5 U.S.C. App 2). The Committee is
comprised of 15 members appointed by
the Administrator. Two new members,
Scott G. Hernandez, Lieutenant Colonel
with the Colorado State Patrol, and
Robert Powell, State Trooper with the
Virginia State Police, were appointed by
the Administrator on January 19, 2009.
New Jersey Avenue, SE., West Building,
Room W12–140, Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
Issued on: February 25, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–4456 Filed 3–2–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
2000–7006; FMCSA–2000–7918; FMCSA–
2000–8398; FMCSA–2002–13411; FMCSA–
2005–20027]
II. Meeting Participation
BILLING CODE 4910–EX–P
VerDate Nov<24>2008
I. Background
9329
The meeting is open to the public and
FMCSA invites participation by all
interested parties, including motor
carriers, drivers, and representatives of
motor carrier associations. Please note
that attendees will need to be precleared in advance of the meeting in
order to expedite entry into the
building. By March 16, 2009, please
e-mail mcsac@dot.gov if you plan to
attend the meeting, to facilitate the preclearance security process. For
information on facilities or services for
individuals with disabilities or to
request special assistance at the
meeting, please e-mail mcsac@dot.gov
by March 16, 2009.
As a general matter, the Committee
will allocate one hour for public
comments on March 18, 2009, from 3
p.m. to 4 p.m. Individuals wishing to
address the committee should send an
e-mail to mcsac@dot.gov by March 16,
2009. The time available will be divided
among those who have signed up to
address the committee, but no one will
be allotted more than 15 minutes. For a
copy of the agenda, please send an
e-mail to mcsac@dot.gov.
Individuals with a desire to present
written materials to the committee
should submit written comments
identified by Federal Docket
Management System (FDMC) Docket
Number FMCSA–2006–26367 using any
of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
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 11
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 April 5,
2009. Comments must be received on or
before April 2, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
1998–4334; FMCSA–2000–7006;
FMCSA–2000–7918; FMCSA–2000–
8398; FMCSA–2002–13411; FMCSA–
2005–20027, 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.
E:\FR\FM\03MRN1.SGM
03MRN1
9330
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices
• 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
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:
mstockstill on PROD1PC66 with NOTICES
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
VerDate Nov<24>2008
16:42 Mar 02, 2009
Jkt 217001
(including renewals) are set out in 49
CFR part 381.
Exemption Decision
This notice addresses 11 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
11 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are: Richard D. Carlson,
David J. Collier, Robert P. Conrad, Sr.,
Donald P. Dodson, Jr., Stephanie D.
Klang, Mark J. Koscinski, Dexter L.
Myhre, Henry C. Patton, George D.
Schell, James A. Stoudt, Ralph A.
Thompson.
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 11 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR
16517; 66 FR 17994; 68 FR 15037; 70 FR
14747; 72 FR 12665; 65 FR 20245; 65 FR
57230; 67 FR 57266; 69 FR 52741; 65 FR
66286; 66 FR 13825; 68 FR 10300; 70 FR
14747; 65 FR 78256; 66 FR 16311; 68 FR
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
13360; 70 FR 12265; 67 FR 76439; 68 FR
10298; 70 FR 7545; 70 FR 2701; 70 FR
16887). Each of these 11 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 April 2,
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 11
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\03MRN1.SGM
03MRN1
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / 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: February 25, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–4448 Filed 3–2–09; 8:45 am]
Discussion of Comments
FMCSA received no comments in this
proceeding.
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–3637; FMCSA–
2000–8203; FMCSA–2002–12844; FMCSA–
2004–17984; FMCSA–2006–24015; FMCSA–
2006–26066]
Qualification of Drivers; Exemption
Renewals; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
mstockstill on PROD1PC66 with NOTICES
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 9 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.
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 https://
www.regulations.gov.
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2-
VerDate Nov<24>2008
16:42 Mar 02, 2009
Jkt 217001
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 February 9,
2009.
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 9 renewal
applications, FMCSA renews the
Federal vision exemptions for Jose C.
Azuara, Thomas J. Boss, Fabian L.
Burnett, Timothy A. DeFrange, Scott D.
Goalder, Casey R. Johnson, Robert J.
Johnson, Myriam Rodriguez, and James
E. Savage.
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: February 24, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–4451 Filed 3–2–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2009–0001–N–5]
Proposed Agency Information
Collection Activities; Comment
Request
AGENCY: Federal Railroad
Administration, DOT.
ACTION: Notice.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
9331
(ICRs) for clearance by the Office of
Management and Budget (OMB), FRA is
soliciting public comment on specific
aspects of the activities identified
below.
DATES: Comments must be received no
later than May 4, 2009.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 17,
Washington, DC 20590, or Ms. Nakia
Jackson, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.,
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number lll.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via e-mail to
Mr. Brogan at robert.brogan@dot.gov, or
to Ms. Jackson at
nakia.jackson@dot.gov. Please refer to
the assigned OMB control number in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Nakia Jackson, Office
of Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6073). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, 2, 109 Stat.
163 (1995) (codified as revised at 44
U.S.C. 3501–3520), and its
implementing regulations, 5 CFR Part
1320, require Federal agencies to
provide 60 days notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9329-9331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4448]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2000-7918; FMCSA-
2000-8398; FMCSA-2002-13411; FMCSA-2005-20027]
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
11 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 April 5, 2009. Comments must be
received on or before April 2, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-1998-4334; FMCSA-2000-7006;
FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2005-20027,
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.
[[Page 9330]]
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 11 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 11 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Richard D. Carlson, David J. Collier, Robert P. Conrad, Sr., Donald P.
Dodson, Jr., Stephanie D. Klang, Mark J. Koscinski, Dexter L. Myhre,
Henry C. Patton, George D. Schell, James A. Stoudt, Ralph A. Thompson.
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 11 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 15037; 70 FR
14747; 72 FR 12665; 65 FR 20245; 65 FR 57230; 67 FR 57266; 69 FR 52741;
65 FR 66286; 66 FR 13825; 68 FR 10300; 70 FR 14747; 65 FR 78256; 66 FR
16311; 68 FR 13360; 70 FR 12265; 67 FR 76439; 68 FR 10298; 70 FR 7545;
70 FR 2701; 70 FR 16887). Each of these 11 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 April 2, 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 11 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 9331]]
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 25, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-4448 Filed 3-2-09; 8:45 am]
BILLING CODE 4910-EX-P