Qualification of Drivers; Exemption Applications; Vision, 9484-9486 [2010-4254]

Download as PDF WReier-Aviles on DSKGBLS3C1PROD with NOTICES 9484 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors—such as age, sex, geographic location, mileage driven and conviction history—are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ‘‘Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,’’ Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 33 applicants, five of the applicants had a traffic violation for speeding. The applicants achieved this record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants’ ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants’ intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to VerDate Nov<24>2008 15:07 Mar 01, 2010 Jkt 220001 traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision standard in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 33 applicants listed in the notice of January 13, 2010 (75 FR 1835). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 33 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined 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, 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. Discussion of Comments FMCSA received ten comments in this proceeding. The comments were considered and discussed below. Six of the comments received were all in favor of granting the Federal vision exemption to Daniel Cannon. Four of the comments received were all in favor PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 of granting the Federal vision exemption to Andrew Fornsel. Conclusion Based upon its evaluation of the 33 exemption applications, FMCSA exempts, Bradley T. Alspach, William M. Arbogast, John E. Cain, Terry A. Crites, Daniel M. Cannon, Eugene Contreras, Curtis J. Crowston, Jim L. Davis, Clifford W. Doran, Jr., Daniel W. Doshier, Charles L. Dunn, Andrew G. Fornsel, Jamie L. French, Archie C. Hillsman, Amos W. Hulsey, Guy A. Lanham, Glenn Lewis, James M. McCormick, Shane W. Mincey, Millard F. Neace, II, Frank L. Ortolani, Paul D. Prillaman, Scott A. Randol, Samuel E. Rees, Danny L. Rolfe, Miguel A. Sanchez, Dennis R. Schneider, Michael D. Stevens, Thomas G. Tomasiewicz, James E. Vickery, Billy R. Wilkey, James H. Williams, Jr. and Reginald J. Wuethrich from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each 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. 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 February 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–4256 Filed 3–1–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–23099] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 6 E:\FR\FM\02MRN1.SGM 02MRN1 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices WReier-Aviles on DSKGBLS3C1PROD with 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 March 15, 2010. Comments must be received on or before April 1, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2005–23099, using any of the following methods. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to https://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). VerDate Nov<24>2008 15:07 Mar 01, 2010 Jkt 220001 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: 9485 exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two-year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 6 applicants has 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 (71 FR 4194; 71 FR 13450; the vision requirements in 49 CFR 73 FR 9158). Each of these 6 applicants 391.41(b)(10), which applies to drivers has requested renewal of the exemption of CMVs in interstate commerce, for a and has submitted evidence showing two-year period if it finds ‘‘such that the vision in the better eye exemption would likely achieve a level continues to meet the standard specified of safety that is equivalent to, or greater at 49 CFR 391.41(b)(10) and that the than, the level that would be achieved vision impairment is stable. In addition, absent such exemption.’’ The procedures a review of each record of safety while for requesting an exemption (including driving with the respective vision renewals) are set out in 49 CFR part 381. deficiencies over the past two years indicates each applicant continues to Exemption Decision meet the vision exemption standards. This notice addresses 6 individuals These factors provide an adequate basis who have requested renewal of their exemptions in accordance with FMCSA for predicting each driver’s ability to procedures. FMCSA has evaluated these continue to drive safely in interstate commerce. Therefore, FMCSA 6 applications for renewal on their concludes that extending the exemption merits and decided to extend each for each renewal applicant for a period exemption for a renewable two-year of two years is likely to achieve a level period. They are: of safety equal to that existing without John R. Alger, Gene Bartlett, Jr., Marland the exemption. L. Brassfield, Billy R. Jeffries, Gary N. Request for Comments Wilson, William B. Wilson. These exemptions are extended FMCSA will review comments subject to the following conditions: (1) received at any time concerning a That each individual has a physical particular driver’s safety record and examination every year (a) by an determine if the continuation of the ophthalmologist or optometrist who exemption is consistent with the attests that the vision in the better eye requirements at 49 U.S.C. 31136(e) and continues to meet the standard in 49 31315. However, FMCSA requests that CFR 391.41(b)(10), and (b) by a medical interested parties with specific data examiner who attests that the individual concerning the safety records of these is otherwise physically qualified under drivers submit comments by April 1, 49 CFR 391.41; (2) that each individual 2010. FMCSA believes that the provides a copy of the ophthalmologist’s requirements for a renewal of an or optometrist’s report to the medical exemption under 49 U.S.C. 31136(e) and examiner at the time of the annual 31315 can be satisfied by initially medical examination; and (3) that each granting the renewal and then individual provides a copy of the requesting and evaluating, if needed, annual medical certification to the subsequent comments submitted by employer for retention in the driver’s interested parties. As indicated above, qualification file and retain a copy of the certification on his/her person while the Agency previously published notices of final disposition announcing driving for presentation to a duly its decision to exempt these 6 authorized Federal, State, or local individuals from the vision requirement enforcement official. Each exemption in 49 CFR 391.41(b)(10). The final will be valid for two years unless decision to grant an exemption to each rescinded earlier by FMCSA. The PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1 9486 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 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 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7918; FMCSA– 2001–10578; FMCSA–2005–21711; FMCSA– 2005–22727; FMCSA–2007–27897] Qualification of Drivers; Exemption Renewals; Vision WReier-Aviles on DSKGBLS3C1PROD with NOTICES 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 13 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, Jkt 220001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2001–10578; FMCSA– 2005–22194; FMCSA–2005–22727; FMCSA– 2007–29019] Electronic Access Qualification of Drivers; Exemption Renewals; Vision You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. 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 February 10, 2010 (75 FR 1451). FMCSA received no comments in this proceeding. BILLING CODE 4910–EX–P 15:07 Mar 01, 2010 SUPPLEMENTARY INFORMATION: Discussion of Comments [FR Doc. 2010–4254 Filed 3–1–10; 8:45 am] VerDate Nov<24>2008 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. 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 13 renewal applications, FMCSA renews the Federal vision exemptions for Donald J. Bierwirth, Jr., Ronald D. Boeve, Arthur L. Bousema, Matthew W. Daggs, Donald R. Date, Jr., John E. Kimmet, Jr., Robert C. Leathers, Jason L. Light, Robert Mollicone, Kenneth R. Murphy, Robert A. Sherry, Stephen G. Sniffin, and John R. Snyder. 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: February 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–4251 Filed 3–1–10; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 6 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these 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 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 February 10, 2010 (75 FR 1450). Discussion of Comments FMCSA received no comments in this proceeding. Conclusion The Agency has not received any adverse evidence on any of these drivers E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9484-9486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4254]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23099]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
6

[[Page 9485]]

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 March 15, 2010. Comments must be 
received on or before April 1, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2005-23099, 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 6 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 6 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

John R. Alger, Gene Bartlett, Jr., Marland L. Brassfield, Billy R. 
Jeffries, Gary N. Wilson, William B. Wilson.

    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 6 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (71 FR 4194; 71 FR 13450; 73 FR 9158). Each of these 6 
applicants has requested renewal of the exemption and has submitted 
evidence showing that the vision in the better eye continues to meet 
the standard specified at 49 CFR 391.41(b)(10) and that the vision 
impairment is stable. In addition, a review of each record of safety 
while driving with the respective vision deficiencies over the past two 
years indicates each applicant continues to meet the vision exemption 
standards. These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each 
renewal applicant for a period of two years is likely to achieve a 
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by April 1, 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 6 individuals from the vision 
requirement in 49 CFR 391.41(b)(10). The final decision to grant an 
exemption to each

[[Page 9486]]

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 19, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-4254 Filed 3-1-10; 8:45 am]
BILLING CODE 4910-EX-P
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