Qualification of Drivers; Exemption Applications; Vision, 8184-8186 [2010-3567]

Download as PDF 8184 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 http://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: 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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 5 applicants has Background satisfied the entry conditions for Under 49 U.S.C. 31136(e) and 31315, obtaining an exemption from the vision FMCSA may renew an exemption from requirements (64 FR 40404; 64 FR the vision requirements in 49 CFR 66962; 67 FR 10475; 69 FR 8260; 71 FR 391.41(b)(10), which applies to drivers 6824; 73 FR 7360; 64 FR 54948; 65 FR of CMVs in interstate commerce, for a 159). Each of these 5 applicants has two-year period if it finds ‘‘such requested renewal of the exemption and exemption would likely achieve a level has submitted evidence showing that of safety that is equivalent to, or greater the vision in the better eye continues to than, the level that would be achieved meet the standard specified at 49 CFR absent such exemption.’’ The procedures 391.41(b)(10) and that the vision for requesting an exemption (including impairment is stable. In addition, a renewals) are set out in 49 CFR part 381. review of each record of safety while driving with the respective vision Exemption Decision deficiencies over the past two years This notice addresses 5 individuals indicates each applicant continues to who have requested renewal of their meet the vision exemption standards. exemptions in accordance with FMCSA These factors provide an adequate basis procedures. FMCSA has evaluated these for predicting each driver’s ability to 5 applications for renewal on their continue to drive safely in interstate merits and decided to extend each commerce. Therefore, FMCSA exemption for a renewable two-year concludes that extending the exemption period. They are: Dennis J. Lessard, for each renewal applicant for a period Harry R. Littlejohn, James D. Simon, of two years is likely to achieve a level Robert J. Townsley, and Jeffrey G. of safety equal to that existing without Wuensch. the exemption. These exemptions are extended Request for Comments subject to the following conditions: (1) That each individual has a physical FMCSA will review comments examination every year (a) by an received at any time concerning a ophthalmologist or optometrist who particular driver’s safety record and attests that the vision in the better eye determine if the continuation of the continues to meet the standard in 49 exemption is consistent with the CFR 391.41(b)(10), and (b) by a medical requirements at 49 U.S.C. 31136(e) and examiner who attests that the individual 31315. However, FMCSA requests that is otherwise physically qualified under interested parties with specific data 49 CFR 391.41; (2) that each individual concerning the safety records of these provides a copy of the ophthalmologist’s drivers submit comments by March 25, or optometrist’s report to the medical 2010. FMCSA believes that the examiner at the time of the annual requirements for a renewal of an medical examination; and (3) that each exemption under 49 U.S.C. 31136(e) and individual provides a copy of the 31315 can be satisfied by initially annual medical certification to the granting the renewal and then employer for retention in the driver’s VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 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 5 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: February 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–3573 Filed 2–22–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2003–16241; FMCSA– 2003–16564; FMCSA–2005–22194; FMCSA– 2007–27897] 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 15 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 E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 March 5, 2010. Comments must be received on or before March 25, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2003–16241; FMCSA–2003–16564; FMCSA–2005–22194; FMCSA–2007– 27897, using any of the following methods. • Federal eRulemaking Portal: Go to http://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 http://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 http:// 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 http://www.regulations.gov. VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 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: 8185 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 Background exemption may be granted for no longer than two years from its approval date Under 49 U.S.C. 31136(e) and 31315, and may be renewed upon application FMCSA may renew an exemption from for additional two year periods. In the vision requirements in 49 CFR accordance with 49 U.S.C. 31136(e) and 391.41(b)(10), which applies to drivers 31315, each of the 15 applicants has of CMVs in interstate commerce, for a satisfied the entry conditions for two-year period if it finds ‘‘such obtaining an exemption from the vision exemption would likely achieve a level requirements (68 FR 61857; 68 FR of safety that is equivalent to, or greater 75715; 71 FR 644; 73 FR 19928; 68 FR than, the level that would be achieved absent such exemption.’’ The procedures 74699; 69 FR 10503; 71 FR 6829; 70 FR 57353; 70 FR 72689; 73 FR 222; 72 FR for requesting an exemption (including renewals) are set out in 49 CFR part 381. 39879; 72 FR 52419). Each of these 15 applicants has requested renewal of the Exemption Decision exemption and has submitted evidence showing that the vision in the better eye This notice addresses 15 individuals continues to meet the standard specified who have requested renewal of their exemptions in accordance with FMCSA at 49 CFR 391.41(b)(10) and that the procedures. FMCSA has evaluated these vision impairment is stable. In addition, a review of each record of safety while 15 applications for renewal on their driving with the respective vision merits and decided to extend each deficiencies over the past two years exemption for a renewable two-year indicates each applicant continues to period. They are: meet the vision exemption standards. Lee A. Burke, Barton C. Caldara, Allan These factors provide an adequate basis Darley, Robin S. England, Charles D. for predicting each driver’s ability to Grady, Richard Hailey, Jr., Robert V. continue to drive safely in interstate Hodges, George R. Knavel, John R. commerce. Therefore, FMCSA Knott, III, Timothy S. Miller, Roger D. concludes that extending the exemption Mollak, Edward D. Pickle, Ezequiel for each renewal applicant for a period M. Ramirez, James L. Schmitt, James of two years is likely to achieve a level T. Wortham, Jr. of safety equal to that existing without These exemptions are extended the exemption. subject to the following conditions: (1) Request for Comments That each individual has a physical examination every year (a) by an FMCSA will review comments ophthalmologist or optometrist who received at any time concerning a attests that the vision in the better eye particular driver’s safety record and continues to meet the standard in 49 determine if the continuation of the CFR 391.41(b)(10), and (b) by a medical exemption is consistent with the examiner who attests that the individual requirements at 49 U.S.C. 31136(e) and is otherwise physically qualified under 31315. However, FMCSA requests that 49 CFR 391.41; (2) that each individual interested parties with specific data provides a copy of the ophthalmologist’s concerning the safety records of these or optometrist’s report to the medical drivers submit comments by March 25, examiner at the time of the annual 2010. FMCSA believes that the medical examination; and (3) that each requirements for a renewal of an individual provides a copy of the exemption under 49 U.S.C. 31136(e) and annual medical certification to the 31315 can be satisfied by initially employer for retention in the driver’s granting the renewal and then qualification file and retain a copy of the certification on his/her person while requesting and evaluating, if needed, subsequent comments submitted by driving for presentation to a duly interested parties. As indicated above, authorized Federal, State, or local the Agency previously published enforcement official. Each exemption notices of final disposition announcing will be valid for two years unless its decision to exempt these 15 rescinded earlier by FMCSA. The PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1 8186 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 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: February 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–3567 Filed 2–22–10; 8:45 am] 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 http:// 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 January 6, 2010 (74 FR 64124). Discussion of Comments BILLING CODE 4910–EX–P FMCSA received no comments in this proceeding. DEPARTMENT OF TRANSPORTATION Conclusion Federal Motor Carrier Safety Administration 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 27 renewal applications, FMCSA renews the Federal vision exemptions for Grady L. Black, Jr., Anthony Brandano, Stanley E. Elliott, Elmer E. Gockley, Glenn T. Hehner, Wayne H. Holt, Edward E. Hooker, Vladimir M. Kats, Alfred Keehn, Martin D. Keough, Randall B. Laminack, Norman R. Lamy, Robert W. Lantis, James A. Lenhart, Jerry J. Lord, Raymond P. Madron, Ronald S. Mallory, Eldon Miles, Jack E. Potts, Jr., Neal A. Richard, John E. Rogstad, Robert E. Sanders, Steven R. Smith, Robert L. Thies, Rene R. Trachsel, Kendle F. Waggle, Jr. and DeWayne Washington. 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 [Docket No. FMCSA–1999–5578; FMCSA– 1999–6480; FMCSA–2001–11426; FMCSA– 2001–10578; FMCSA–2002–12844; FMCSA– 2003–15268; FMCSA–2003–15892; FMCSA– 2005–21711; FMCSA–2005–22194; FMCSA– 2007–27897] Qualification of Drivers; Exemption Renewals; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 27 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 mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: February 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–3566 Filed 2–22–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5748; FMCSA– 1999–6156; FMCSA–2005–22194] 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 10 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 http:// 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 E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8184-8186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3567]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-22194; 
FMCSA-2007-27897]


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 
15 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

[[Page 8185]]

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 March 5, 2010. Comments must be 
received on or before March 25, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2003-16241; FMCSA-2003-16564; 
FMCSA-2005-22194; FMCSA-2007-27897, using any of the following methods.
     Federal eRulemaking Portal: Go to http://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 http://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 http://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 http://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 15 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 15 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Lee A. Burke, Barton C. Caldara, Allan Darley, Robin S. England, 
Charles D. Grady, Richard Hailey, Jr., Robert V. Hodges, George R. 
Knavel, John R. Knott, III, Timothy S. Miller, Roger D. Mollak, Edward 
D. Pickle, Ezequiel M. Ramirez, James L. Schmitt, James T. Wortham, Jr.

    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 15 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (68 FR 61857; 68 FR 75715; 71 FR 644; 73 FR 19928; 68 FR 
74699; 69 FR 10503; 71 FR 6829; 70 FR 57353; 70 FR 72689; 73 FR 222; 72 
FR 39879; 72 FR 52419). Each of these 15 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 March 25, 2010.
    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 15

[[Page 8186]]

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: February 5, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3567 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P