Qualification of Drivers; Exemption Applications; Vision, 53581-53583 [E9-25069]

Download as PDF Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Annette K. Kovite, Standardization Branch, ANM–113, 1601 Lind Avenue, SW., Renton, WA 98057, 425–227–1262, Annette.Kovite@faa.gov. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on October 14, 2009. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2009–0891. Petitioner: Airbus. Section of 14 CFR Affected: §§ 25.951(c) and 25.952(a). Description of Relief Sought: Airbus seeks an exemption to permit installation of improved fuel oil heat exchangers on A330 and A340 airplanes powered by Rolls Royce Trent 700 and Trent 500 engines, respectively. [FR Doc. E9–25060 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2009–43] Petition for Exemption; Summary of Petition Received sroberts on DSKD5P82C1PROD with NOTICES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. SUMMARY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before November 9, 2009. ADDRESSES: You may send comments identified by Docket Number FAA– 2009–0711 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov VerDate Nov<24>2008 16:51 Oct 16, 2009 Jkt 220001 and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. Using the search function of our docket web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jan Thor, ANM–113, (425) 227–2127, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057– 3356, or Ralen Gao, (202) 267–3168, Office of Rulemaking (ARM–1), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on October 14, 2009. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2009–0711. Petitioner: Alegre Equine. Section of 14 CFR Affected: §§ 25.785(j), 25.812(e), 25.855(a), 25.857(e), 25.1447(c)(1), and 25.1449. Description of Relief Sought: The petitioner seeks relief from certain cabin safety requirements when operating PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 53581 Boeing 727–100/200 freighters for the purpose of transporting live animals. [FR Doc. E9–25061 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 1999–6480; FMCSA–2001–9561; FMCSA– 2003–15892; FMCSA–2007–27897; FMCSA– 2007–28695] 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 19 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective October 30, 2009. Comments must be received on or before November 18, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1999–5578; FMCSA–1999–6480; FMCSA–2001–9561; FMCSA–2003– 15892; FMCSA–2007–27897; FMCSA– 2007–28695, 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 E:\FR\FM\19OCN1.SGM 19OCN1 53582 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 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://www.regulations.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: sroberts on DSKD5P82C1PROD 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 (including renewals) are set out in 49 CFR part 381. Exemption Decision This notice addresses 19 individuals who have requested a renewal of their exemption in accordance with FMCSA procedures. FMCSA has evaluated these 19 applications for renewal on their VerDate Nov<24>2008 16:51 Oct 16, 2009 Jkt 220001 merits and decided to extend each exemption for a renewable two-year period. They are: Lauren C. Allen Tracey A. Ammons David N. Cleveland Randy B. Combs Robert L. Cross, Jr. James D. Davis Thomas E. Dixon Edward J. Genovese Dewayne E. Harms Mark D. Kraft David F. LeClerc Charles D. Oestreich Carson E. Rohrbaugh Donald J. Snider John A. Sortman Jesse L. Townsend James A. Welch Edward W. Yeates, Jr. Michael E. Yount 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 19 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 54775; 70 FR PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 61165; 72 FR 58359; 64 FR 68195; 65 FR 20251; 67 FR 17102; 66 FR 30502; 66 FR 41654; 68 FR 52811; 68 FR 61860; 72 FR 39879; 72 FR 52419; 72 FR 58359; 72 FR 46261) Each of these 19 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by November 18, 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 19 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 E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 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: October 8, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–25069 Filed 10–16–09; 8:45 am] 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 September 18, 2009. Discussion of Comments FMCSA received no comments in this proceeding. BILLING CODE 4910–EX–P Conclusion DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–7165; FMCSA–2002–13411; FMCSA– 2005–20560; FMCSA–2006–25246; FMCSA– 2007–27897] Qualification of Drivers; Exemption Renewals; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. sroberts on DSKD5P82C1PROD with NOTICES SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 44 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- VerDate Nov<24>2008 16:51 Oct 16, 2009 Jkt 220001 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 44 renewal applications, FMCSA renews the Federal vision exemptions for Eddie Alejandro, John W. Black, III. John A. Bridges, Eddie M. Brown, Edward G. Brown, Edwin L. Bupp, Charles E. Castle, Joel C. Conrad, Duane C. Conway, Brian W. Curtis, Roger D. Davidson, Sr., Richard A. Davis, Sr., Robin C. Duckett, Marco A. Esquivel, Tomie L. Estes, Raymond L. Herman, Jesse R. Hillhouse, Jr., Billy R. Holdman, Ray C. Johnson, Terry R. Jones, Randall H. Keil, James A. Kneece, Paul G. Mathes, John T. McWilliams, Robert A. Miller, Stuart T. Miller, James J. Mitchell, Andrew M. Nurnberg, Kenneth R. Pedersen, Joshua R. Perkins, Ronald F. Prezzia, Eligio M. Ramirez, Victor C. Richert, Garry L. Rogers, Craig R. Saari, Jerry L. Schroder, Gerald J. Shamla, Timothy L. Shorey, William C. Smith, Larry D. Steiner, Robert S. Swaen, Anthony T. Truiolo, Gregory A. VanLue, and Kevin W. Wunderlin. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: October 6, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–25070 Filed 10–16–09; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 53583 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2009–0207] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt twenty-four individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective October 19, 2009. The exemptions expire on October 19, 2011. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., 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. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov and/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. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s 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, or other entity). You may review DOT’s complete Privacy Act Statement in the Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also available at https://Docketinfo.dot.gov. Background On August 17, 2009, FMCSA published a notice of receipt of Federal diabetes exemption applications from E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53581-53583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25069]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-6480; FMCSA-2001-9561; FMCSA-
2003-15892; FMCSA-2007-27897; FMCSA-2007-28695]


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 
19 individuals. FMCSA has statutory authority to exempt individuals 
from the vision requirement if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent 
to, or greater than, the level of safety maintained without the 
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective October 30, 2009. Comments must be 
received on or before November 18, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1999-5578; FMCSA-1999-6480; 
FMCSA-2001-9561; FMCSA-2003-15892; FMCSA-2007-27897; FMCSA-2007-28695, 
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

[[Page 53582]]

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://www.regulations.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 19 individuals who have requested a renewal 
of their exemption in accordance with FMCSA procedures. FMCSA has 
evaluated these 19 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Lauren C. Allen
Tracey A. Ammons
David N. Cleveland
Randy B. Combs
Robert L. Cross, Jr.
James D. Davis
Thomas E. Dixon
Edward J. Genovese
Dewayne E. Harms
Mark D. Kraft
David F. LeClerc
Charles D. Oestreich
Carson E. Rohrbaugh
Donald J. Snider
John A. Sortman
Jesse L. Townsend
James A. Welch
Edward W. Yeates, Jr.
Michael E. Yount
    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 19 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 54775; 70 FR 
61165; 72 FR 58359; 64 FR 68195; 65 FR 20251; 67 FR 17102; 66 FR 30502; 
66 FR 41654; 68 FR 52811; 68 FR 61860; 72 FR 39879; 72 FR 52419; 72 FR 
58359; 72 FR 46261) Each of these 19 applicants has requested renewal 
of the exemption and has submitted evidence showing that the vision in 
the better eye continues to meet the standard specified at 49 CFR 
391.41(b)(10) and that the vision impairment is stable. In addition, a 
review of each record of safety while driving with the respective 
vision deficiencies over the past two years indicates each applicant 
continues to meet the vision exemption standards. These factors provide 
an adequate basis for predicting each driver's ability to continue to 
drive safely in interstate commerce. Therefore, FMCSA concludes that 
extending the exemption for each renewal applicant for a period of two 
years is likely to achieve a level of safety equal to that existing 
without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by November 18, 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 19 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

[[Page 53583]]

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: October 8, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-25069 Filed 10-16-09; 8:45 am]
BILLING CODE 4910-EX-P
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