Qualification of Drivers; Exemption Renewals; Vision, 37294 [E9-17971]
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37294
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologist’s
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that
exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3)
is likely to achieve a level of safety
equal to that existing without the
exemption.
Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not they are related to an episode of
hypoglycemia; (3) 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 (4) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
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Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
Based upon its evaluation of the
thirty-five exemption applications,
FMCSA exempts, Abdelhadi A.
Abdelnabi, Dennis W. Athey, II., Barry
A. Barber, Jeromy B. Birchard, Kevin J.
Blue, Lester B. Brazfield, Bradley M.
Brown, Gary L. Brown, Robert F.
Browne, III., Robert F. Carter, Howard L.
Cooksey, William D. Cornwell, III.,
Brian P. Dionne, Richard C. Dunn,
Donald K. Ennis, Dennis Graves,
Michael T. Harris, Daniel H. Henson, J.
Theoginis Kehaias, Harold M. Koski,
Richard B. Lorimer, Lester J. Manis,
Trena L. Marshall, Troy A. Martinson,
Ronald R. McDougle, Richard L. Miller,
Jerome A. Mjolsness, David K. Mopps,
VerDate Nov<24>2008
19:36 Jul 27, 2009
Jkt 217001
George E. Patton, Jack E. Rensing,
Clayton M. Reynolds, Jeffrey S. SaintVincent, Richard Scott, Gary A.
Sweeney, and David L. Wilhelm from
the ITDM standard in 49 CFR
391.41(b)(3), subject to the conditions
listed under ‘‘Conditions and
Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two 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(e) and
31315. If the exemption is still effective
at the end of the 2-year period, the
person may apply to FMCSA for a
renewal under procedures in effect at
that time.
Issued on: July 21, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–17969 Filed 7–27–09; 8:45 am]
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:
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 July 2, 2009.
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–26653]
Qualification of Drivers; Exemption
Renewals; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 18 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
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, 1200
New Jersey Avenue, SE., Room W64–
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
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 18 renewal
applications, FMCSA renews the
Federal vision exemptions for Michael
W. Anderson, Michael R. Bradford, John
J. Caricola, Jr., William P. Caulfield,
Denise M. Engle, Wade M. Hillmer,
Michael W. Jensen, Jorge Lopez, Albert
E. Marbut, Michael J. McGregan, Willie
E. Nichols, John P. Perez, Jeffrey W.
Pike, Jr., Scott K. Richardson, Kyle C.
Shover, Charles H. Smith, Robert G.
Springer, and Scott A. Taylor.
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: July 21, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–17971 Filed 7–27–09; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\28JYN1.SGM
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Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Page 37294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17971]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-26653]
Qualification of Drivers; Exemption Renewals; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 18 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 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, 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:
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-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 July 2, 2009.
Discussion of Comments
FMCSA received no comments in this proceeding.
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 18 renewal applications, FMCSA renews the Federal
vision exemptions for Michael W. Anderson, Michael R. Bradford, John J.
Caricola, Jr., William P. Caulfield, Denise M. Engle, Wade M. Hillmer,
Michael W. Jensen, Jorge Lopez, Albert E. Marbut, Michael J. McGregan,
Willie E. Nichols, John P. Perez, Jeffrey W. Pike, Jr., Scott K.
Richardson, Kyle C. Shover, Charles H. Smith, Robert G. Springer, and
Scott A. Taylor.
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: July 21, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-17971 Filed 7-27-09; 8:45 am]
BILLING CODE 4910-EX-P