Qualification of Drivers; Exemption Applications; Vision, 26471-26473 [E9-12773]
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Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Reynolds meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Washington.
Jeffrey S. Saint-Vincent
Mr. Saint-Vincent, 53, has had ITDM
since 1998. His endocrinologist
examined him in 2009 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Saint-Vincent meets
the requirements of the vision standard
at 49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from California.
Richard Scott
Mr. Scott, 45, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Scott meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from
Pennsylvania.
Gary A. Sweeney
Mr. Sweeney, 50, has had ITDM since
2003. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Sweeney meets the
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16:43 Jun 01, 2009
Jkt 217001
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from New York.
David L. Wilhelm
Mr. Wilhelm, 40, has had ITDM since
2008. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wilhelm meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from Arkansas.
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. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the Notice.
FMCSA notes that Section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU)
requires the Secretary to revise its
diabetes exemption program established
on September 3, 2003 (68 FR 52441).1
The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) The
elimination of the requirement for three
years of experience operating CMVs
while being treated with insulin; and (2)
the establishment of a specified
minimum period of insulin use to
demonstrate stable control of diabetes
before being allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year
driving experience requirement and
fulfilled the requirements of section
1 Section
4129(a) refers to the 2003 Notice as a
‘‘final rule.’’ However, the 2003 Notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
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Sfmt 4703
26471
4129 while continuing to ensure that
operation of CMVs by drivers with
ITDM will achieve the requisite level of
safety required of all exemptions
granted under 49 U.S.C. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary. FMCSA concluded
that all of the operating, monitoring and
medical requirements set out in the
September 3, 2003 Notice, except as
modified, were in compliance with
section 4129(d). Therefore, all of the
requirements set out in the September 3,
2003 Notice, except as modified by the
Notice in the Federal Register on
November 8, 2005 (70 FR 67777),
remain in effect.
Issued on: May 26, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–12757 Filed 6–1–09; 8:45 am]
BILLING CODE–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5748; FMCSA–
2000–8398; FMCSA–2001–9258; FMCSA–
2003–14223; FMCSA–2005–20027; FMCSA–
2005–20560]
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 6
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 June
30, 2009. Comments must be received
on or before July 2, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
E:\FR\FM\02JNN1.SGM
02JNN1
26472
Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices
System (FDMS) Docket ID FMCSA–
1999–5748; FMCSA–2000–8398;
FMCSA–2001–9258; FMCSA–2003–
14223; FMCSA–2005–20027; FMCSA–
2005–20560, 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
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.
VerDate Nov<24>2008
16:43 Jun 01, 2009
Jkt 217001
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 6 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
6 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Edmund J. Barron
Roger K. Cox
Myron D. Dixon
Thomas E. Howard
Billy L. Johnson
Clifford E. Masink
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
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Frm 00112
Fmt 4703
Sfmt 4703
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 6 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR
66962; 67 FR 17102; 70 FR 25878; 72 FR
34062; 65 FR 78256; 66 FR 16311; 68 FR
13360; 70 FR 37891; 66 FR 17743; 66 FR
33990; 68 FR 35772; 70 FR 33937; 68 FR
10301; 68 FR 19596; 70 FR 16886; 70 FR
2701; 70 FR 16887; 70 FR 17504; 70 FR
30997; 72 FR 27624). Each of these 6
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 July 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 6
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
E:\FR\FM\02JNN1.SGM
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Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices
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: May 22, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–12773 Filed 6–1–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designation of Entities
Pursuant to Executive Order 12978
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the names of 28
newly-designated individuals and
entities whose property and interests in
property are blocked pursuant to
Executive Order 12978 of October 21,
1995, ‘‘Blocking Assets and Prohibiting
Transactions with Significant Narcotics
Traffickers.’’
DATES: The designation by the Acting
Director of OFAC of the 28 individuals
and entities identified in this notice
pursuant to Executive Order 12978 is
effective on May 27, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2490.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(https://www.treas.gov/ofac) or via
facsimile through a 24-hour fax-ondemand service, tel.: (202) 622–0077.
VerDate Nov<24>2008
16:43 Jun 01, 2009
Jkt 217001
Background
On October 21, 1995, the President,
invoking the authority, inter alia, of the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706),
issued Executive Order 12978 (60 FR
54579, October 24, 1995) (the ‘‘Order’’).
In the Order, the President declared a
national emergency to deal with the
threat posed by significant foreign
narcotics traffickers centered in
Colombia and the harm that they cause
in the United States and abroad.
Section 1 of the Order blocks, with
certain exceptions, all property and
interests in property that are in the
United States, or that hereafter come
within the United States or that are or
hereafter come within the possession or
control of United States persons, of: (1)
The persons listed in an Annex to the
Order; (2) any foreign person
determined by the Secretary of
Treasury, in consultation with the
Attorney General and Secretary of State:
(a) To play a significant role in
international narcotics trafficking
centered in Colombia; or (b) to
materially assist in, or provide financial
or technological support for or goods or
services in support of, the narcotics
trafficking activities of persons
designated in or pursuant to the Order;
and (3) persons determined by the
Secretary of the Treasury, in
consultation with the Attorney General
and the Secretary of State, to be owned
or controlled by, or to act for or on
behalf of, persons designated pursuant
to the Order.
On May 27, 2009, the Acting Director
of OFAC, in consultation with the
Attorney General and Secretary of State,
as well as the Secretary of Homeland
Security, designated 28 individuals and
entities whose property and interests in
property are blocked pursuant to the
Order.
The list of additional designees is as
follows:
1. AERONAUTICA CONDOR DE
PANAMA, S.A., Panama; RUC #
581123–1–448204–93 (Panama)
[SDNT]
2. AERONAUTICA CONDOR S.A. DE
C.V. (a.k.a. AEROCONDOR S.A. DE
C.V.), Hangar D–2 y D–3, Puerta 2,
Aviacion General, Aeropuerto
Internacional de Toluca, Toluca,
Estado de Mexico, Mexico; Calle 3
Hangar 22 al 29, Aeropuerto
Internacional Toluca, Toluca,
Estado de Mexico C.P. 50500,
Mexico; R.F.C. ACO–031113–MB8
(Mexico) [SDNT]
3. AGROESPINAL S.A., Calle 16 No.
41–210 of. 801, Medellin, Colombia;
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
26473
NIT # 800256233–0 (Colombia)
[SDNT]
4. AGROGANADERA LOS SANTOS
S.A., Calle 16 No. 41–210 of. 801,
Medellin, Colombia; NIT #
800215934–1 (Colombia) [SDNT]
5. ASES DE COMPETENCIA Y CIA.
S.A., Carrera 30 No. 74–45, Bogota,
Colombia; Carrera 6A No. 22–46 Int.
110, Medellin, Colombia; Carrera
66A No. 3–50 Int. 69, Medellin,
Colombia; NIT # 800213156–7
(Colombia) [SDNT]
6. BERMUDEZ DURAN, Felipe, Camino
a San Mateo 41 Edif. Mackenzie—
1003, Lomas Verdes, Naucalpan,
Estado de Mexico C.P. 53020,
Mexico; Puerto de Palo No. 128,
Col. Residencial Colon, Toluca,
Estado de Mexico C.P. 50120,
Mexico; DOB 03 Jul 1988; C.U.R.P.
BEDF880703HDFRRL09 (Mexico);
R.F.C. BEDF880703 (Mexico)
(individual) [SDNT]
7. BERMUDEZ LUQUE, Santiago, c/o
AERONAUTICA CONDOR DE
PANAMA, S.A., Panama; c/o ASES
DE COMPETENCIA Y CIA. S.A.,
Medellin, Colombia; Camino al
Olivo 114, Vista Hermosa, Mexico
City, Distrito Federal, Mexico; DOB
22 Aug 1987; POB Medellin,
Colombia; C.U.R.P.
BELS870822HNERQN14 (Mexico);
Cedula No. 1126644222 (Colombia);
Identification Number 87082253007
(Colombia) (individual) [SDNT]
8. BERMUDEZ SUAZA, Pedro Antonio
(a.k.a. AGUILAR DEL BOSQUE,
Mauricio; a.k.a. AGUILAR VELEZ,
Luis Antonio; a.k.a. VEGA LUJAN,
Diego Rodrigo; a.k.a. ‘‘EL
ARQUITECTO’’), c/o ASES DE
COMPETENCIA Y CIA. S.A.,
Medellin, Colombia; c/o
CONSTRUCTORA GUADALEST
S.A., Medellin, Colombia; c/o
FRANZUL S.A., Medellin,
Colombia; c/o GRUPO
GUADALEST S.A. DE C.V., Mexico
City, Distrito Federal, Mexico; c/o
HIERROS DE JERUSALEM S.A.,
Medellin, Colombia; Av. Hipolito
Taine 253 2, Col. Chapultepec
Morales, Miguel Hidalgo, Mexico
City, Distrito Federal 11560,
Mexico; Camino a San Mateo 41,
edificio Mackenzie, la Cuspide
departamento 1003, Colonia Lomas
Verdes, Naucalpan de Juarez,
Estado de Mexico, Mexico; DOB 30
Mar 1957; alt. DOB 10 Mar 1958;
alt. DOB 30 Mar 1959; alt. DOB 22
Aug 1959; POB Medellin, Colombia;
alt. POB Huamantla, Tlaxcala,
Mexico; Cedula No. 70123377
(Colombia); Credencial electoral
AGBSMR59033015H800 (Mexico);
Passport 05400005349 (Mexico);
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26471-26473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12773]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5748; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-
2003-14223; FMCSA-2005-20027; FMCSA-2005-20560]
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
6 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 June 30, 2009. Comments must be
received on or before July 2, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management
[[Page 26472]]
System (FDMS) Docket ID FMCSA-1999-5748; FMCSA-2000-8398; FMCSA-2001-
9258; FMCSA-2003-14223; FMCSA-2005-20027; FMCSA-2005-20560, 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 6 individuals who have requested a renewal of
their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 6 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Edmund J. Barron Thomas E. Howard
Roger K. Cox Billy L. Johnson
Myron D. Dixon Clifford E. Masink
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 6 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR 66962; 67 FR 17102; 70 FR 25878; 72 FR
34062; 65 FR 78256; 66 FR 16311; 68 FR 13360; 70 FR 37891; 66 FR 17743;
66 FR 33990; 68 FR 35772; 70 FR 33937; 68 FR 10301; 68 FR 19596; 70 FR
16886; 70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 30997; 72 FR 27624).
Each of these 6 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 July 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 6 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
[[Page 26473]]
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: May 22, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-12773 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-EX-P