Qualification of Drivers; Exemption Applications; Vision, 62632-62634 [E9-28439]

Download as PDF 62632 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices 0102) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 30 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of 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) or at https://www.dot.gov/privacy.html. Issued in Washington, DC on November 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–28482 Filed 11–27–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration WReier-Aviles on DSKGBLS3C1PROD with NOTICES Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 Union Pacific Railroad Company [Docket Number FRA–2007–28454] By a letter dated January 16, 2009, FRA granted conditional relief in response to the petition filed by the Union Pacific Railroad Company (UP) for a waiver of compliance from 49 CFR 232.305(b)(2) Single car air brake tests as it relates to UP’s in-train wheel-set replacement program. Specifically, UP sought relief from the regulation to the extent necessary to permit the replacement of non-FRA-condemnable wheel-sets on railcars as part of an intrain wheel-set replacement program without the need to also perform single car air brake tests (SCABT) as required by § 232.305(b)(2), if the car has not received a SCABT within the previous 12 months. UP now, by a letter dated June 5, 2009, seeks revision of Condition 6 of FRA’s January 16, 2009, letter. Condition 6 requires the identification and removal of wheels exerting 100 kips or greater, or exerting 90 kips and an acoustic bearing detector defect, when the car is empty at the first in-train wheel replacement location. UP’s complete request can be reviewed at https://www.regulations.gov under the docket number listed above. UP states that the threshold of ‘‘100 kips’’ in Condition 6 is onerous, is contrary to UP’s and other railroads experience of this threshold as being close to 140 kips, is not a requirement in 49 CFR regulations, is an unnecessarily strict standard exclusive to UP’s in-train wheel-set replacement program, places UP in a different category than other railroads, and hampers UP’s innovative and voluntary effort to improve safety by allowing it to replace an increased numbers of wheelsets with incipient defects. As a result, UP requests that FRA modify this condition to require replacement of wheels exerting 140 kips or greater, or wheels exerting 90 kips in conjunction with acoustic bearing detector defects. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2007– 28454) and may be submitted by any of the following methods: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, D.C. 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC on November 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–28480 Filed 11–27–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 1999–5748; FMCSA–2001–9258; FMCSA– 2002–12844; FMCSA–2003–15892; FMCSA– 2005–21711] 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 22 E:\FR\FM\30NON1.SGM 30NON1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices 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 November 30, 2009. Comments must be received on or before December 30, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1999–5578; FMCSA–1999–5748; FMCSA–2001–9258; FMCSA–2002– 12844; FMCSA–2003–15892; FMCSA– 2005–21711, 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 VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 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 22 individuals who have requested a renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 22 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Thomas E. Adams Terry J. Aldridge Lennie D. Baker, Jr. Jerry D. Bridges William J. Corder Gary R. Gutschow Richard J. Hanna James J. Hewitt Albert E. Malley Eugene P. Martin David L. Menken Rodney M. Mimbs Walter F. Moniowczak William G. Mote James R. Murphy Chris A. Ritenour Ronald L. Roy Thomas D. Walden Thomas E. Walsh Kevin P. Weinhold Charles M. Wilkins Thomas A. Wise These exemptions are extended subject to the following conditions: (1) PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 62633 That each individual has 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 provides 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 provides 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 22 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 68 FR 64944; 70 FR 67776; 72 FR 64273; 64 FR 40404; 64 FR 66962; 66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 33937; 67 FR 68719; 68 FR 2629; 70 FR 61165; 68 FR 52811; 68 FR 61860; 70 FR 48797; 70 FR 61493) Each of these 22 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 E:\FR\FM\30NON1.SGM 30NON1 62634 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices of safety equal to that existing without the exemption. DEPARTMENT OF THE TREASURY Request for Comments Submission for OMB Review; Comment Request WReier-Aviles on DSKGBLS3C1PROD with NOTICES 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 December 30, 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 22 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was based on the merits of each case and only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: November 16, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–28439 Filed 11–27–09; 8:45 am] BILLING CODE 4910–EX–P VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 Celina Elphage, Treasury PRA Clearance Officer. [FR Doc. E9–28599 Filed 11–27–09; 8:45 am] November 24, 2009. The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before December 30, 2009 to be assured of consideration. Financial Crimes Enforcement Network (FinCEN) OMB Number: 1506–0018. Type of Review: Extension. Title: Report of Cash Payment over $10,000 Received in a Trade or Business. Description: Anyone in a trade or business who, in the course of such trade or business, receives more than $10,000 in cash or foreign currency in one or more related transactions must report it to the IRS and provide a statement to the payer. Any transaction which must be reported under Title 31 on FinCEN Form 104 is exempted from reporting the same transaction on Form 8300. The USA Patriot Act of 2001 (Pub. L. 107–56) authorized the Financial Crimes Enforcement Network to collect the information reported on Form 8300. In a joint effort to develop a dual use form, IRS and FinCEN worked together to ensure that the transmission of the data collected to... Respondents: Businesses or other forprofits. Estimated Total Reporting Burden: 70,200 hours. Clearance Officer: Russell Stephenson, (202) 354–6012, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. OMB Reviewer: Shagufta Ahmed, (202) 395–7873, Office of Management and Budget, Room 10235, New PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Executive Office Building, Washington, DC 20503. BILLING CODE 4810–02–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. Currently, the OCC is soliciting comment concerning its renewal of an information collection titled, ‘‘Municipal Securities Dealers and Government Securities Brokers and Dealers Registration and Withdrawal.’’ DATES: You should submit written comments by January 29, 2010. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Mailstop 2–3, Attention: 1557–0184, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC, 250 E Street, SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–4700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. FOR FURTHER INFORMATION CONTACT: You can request additional information from or a copy of the collection from Mary H. Gottlieb, Clearance Officer, (202) 874– 5090, Legislative and Regulatory Activities Division (1557–0184), Office E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62632-62634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28439]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9258; FMCSA-
2002-12844; FMCSA-2003-15892; FMCSA-2005-21711]


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 
22

[[Page 62633]]

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 November 30, 2009. Comments must be 
received on or before December 30, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1999-5578; FMCSA-1999-5748; 
FMCSA-2001-9258; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2005-21711, 
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://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 22 individuals who have requested a renewal 
of their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 22 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Thomas E. Adams
Terry J. Aldridge
Lennie D. Baker, Jr.
Jerry D. Bridges
William J. Corder
Gary R. Gutschow
Richard J. Hanna
James J. Hewitt
Albert E. Malley
Eugene P. Martin
David L. Menken
Rodney M. Mimbs
Walter F. Moniowczak
William G. Mote
James R. Murphy
Chris A. Ritenour
Ronald L. Roy
Thomas D. Walden
Thomas E. Walsh
Kevin P. Weinhold
Charles M. Wilkins
Thomas A. Wise

    These exemptions are extended subject to the following conditions: 
(1) That each individual has 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 
provides 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 provides 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 22 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 68 FR 64944; 70 FR 
67776; 72 FR 64273; 64 FR 40404; 64 FR 66962; 66 FR 17743; 66 FR 33990; 
68 FR 35772; 70 FR 33937; 67 FR 68719; 68 FR 2629; 70 FR 61165; 68 FR 
52811; 68 FR 61860; 70 FR 48797; 70 FR 61493) Each of these 22 
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

[[Page 62634]]

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 December 30, 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 22 individuals from the vision 
requirement in 49 CFR 391.41(b)(10). The final decision to grant an 
exemption to each of these individuals was based on the merits of each 
case and only after careful consideration of the comments received to 
its notices of applications. The notices of applications stated in 
detail the qualifications, experience, and medical condition of each 
applicant for an exemption from the vision requirements. That 
information is available by consulting the above cited Federal Register 
publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all of these drivers, are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA.
    The Agency will evaluate any adverse evidence submitted and, if 
safety is being compromised or if continuation of the exemption would 
not be consistent with the goals and objectives of 49 U.S.C. 31136(e) 
and 31315, FMCSA will take immediate steps to revoke the exemption of a 
driver.

    Issued on: November 16, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-28439 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-EX-P
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