Qualification of Drivers; Exemption Applications; Vision, 19674-19675 [2010-8646]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 19674 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Notices theft than the parts-marking requirements of 49 CFR 541. Based on the supporting evidence submitted by Saab on the device, the agency believes that the antitheft device for the 9–5 vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR 541). The agency concludes that the device will provide the five types of performance listed in § 543.6(a)(3): promoting activation; attracting attention to the efforts of unauthorized persons to enter or operate a vehicle by means other than a key; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants a petition for exemption from the partsmarking requirements of part 541 either in whole or in part, if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts marking requirements of part 541. The agency finds that Saab has provided adequate reasons for its belief that the antitheft device for the Saab vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541). This conclusion is based on the information Saab provided about its device. For the foregoing reasons, the agency hereby grants in full Saab’s petition for exemption for the Saab 9–5 vehicle line from the parts-marking requirements of 49 CFR part 541, beginning with the 2011 model year vehicles. The agency notes that 49 CFR part 541, Appendix A–1, identifies those lines that are exempted from the Theft Prevention Standard for a given model year. 49 CFR part 543.7(f) contains publication requirements incident to the disposition of all Part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the partsmarking requirements of the Theft Prevention Standard. If Saab decides not to use the exemption for this line, it must formally notify the agency. If such a decision is made, the line must be fully marked VerDate Nov<24>2008 15:43 Apr 14, 2010 Jkt 220001 according to the requirements under 49 CFR Parts 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if Saab wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Part 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the anti-theft device on which the line’s exemption is based. Further, Part 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend in drafting Part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: April 12, 2010. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 2010–8660 Filed 4–14–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6480; FMCSA– 2003–16564; FMCSA–2005–23238; FMCSA– 2005–21254; FMCSA–2005–21711; FMCSA– 2005–22727; FMCSA–2007–0017; FMCSA– 2007–0071; FMCSA–2008–0021] 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 29 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 May 12, 2010. Comments must be received on or before May 17, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1999–6480; FMCSA–2003–16564; FMCSA–2005–23238; FMCSA–2005– 21254; FMCSA–2005–21711; FMCSA– 2005–22727; FMCSA–2007–0017; FMCSA–2007–0071; FMCSA–2008– 0021, 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.). E:\FR\FM\15APN1.SGM 15APN1 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Notices Kevin R. White 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 Background annual medical certification to the employer for retention in the driver’s Under 49 U.S.C. 31136(e) and 31315, qualification file and retain a copy of FMCSA may renew an exemption from the certification on his/her person while the vision requirements in 49 CFR driving for presentation to a duly 391.41(b)(10), which applies to drivers authorized Federal, State, or local of CMVs in interstate commerce, for a enforcement official. Each exemption two-year period if it finds ‘‘such will be valid for two years unless exemption would likely achieve a level rescinded earlier by FMCSA. The of safety that is equivalent to, or greater exemption will be rescinded if: (1) The than, the level that would be achieved absent such exemption.’’ The procedures person fails to comply with the terms and conditions of the exemption; (2) the for requesting an exemption (including renewals) are set out in 49 CFR part 381. exemption has resulted in a lower level of safety than was maintained before it Exemption Decision was granted; or (3) continuation of the This notice addresses 29 individuals exemption would not be consistent with who have requested renewal of their the goals and objectives of 49 U.S.C. exemptions in accordance with FMCSA 31136(e) and 31315. procedures. FMCSA has evaluated these Basis for Renewing Exemptions 29 applications for renewal on their merits and decided to extend each Under 49 U.S.C. 31315(b)(1), an exemption for a renewable two-year exemption may be granted for no longer period. They are: than two years from its approval date and may be renewed upon application Gerald L. Anderson for additional two-year periods. In Leo G. Becker accordance with 49 U.S.C. 31136(e) and Timothy W. Bickford 31315, each of the 29 applicants has Stanley W. Davis satisfied the entry conditions for Ray L. Emert obtaining an exemption from the vision Sean O. Feeny requirements (64 FR 68195; 65 FR Steven R. Felks 20251; 67 FR 17102; 69 FR 17267; 71 FR Marvin T. Fowler 16410; 73 FR 28188; 68 FR 74699; 69 FR Michael J. Frein 10503; 71 FR 6829; 71 FR 5105; 71 FR Jimmy G. Hall 19600; 70 FR 30999; 70 FR 46567; 72 FR Hazel L. Hopkins, Jr. 40360; 70 FR 48797; 70 FR 61493; 73 FR Dennis R. Irvin 6246; 70 FR 71884; 71 FR 4632; 73 FR Mark L. LeBlanc 5259; 72 FR 67340; 73 FR 1395; 73 FR David A. Miller 6242; 73 FR 16950; 73 FR 15567; 73 FR Rick P. Moreno 27015). Each of these 29 applicants has Paul D. Schnautz requested renewal of the exemption and Steve J. Sherar has submitted evidence showing that Robert F. Skinner, Jr. the vision in the better eye continues to William T. Smiley meet the standard specified at 49 CFR Richard M. Smith 391.41(b)(10) and that the vision Robert A. Stoeckle impairment is stable. In addition, a David N. Stubbs review of each record of safety while Edward J. Sullivan driving with the respective vision Aaron S. Taylor deficiencies over the past two years Martin L. Taylor indicates each applicant continues to Gary R. Thomas meet the vision exemption standards. William B. Thomas These factors provide an adequate basis Michael J. Tisher mstockstill on DSKH9S0YB1PROD with NOTICES 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: VerDate Nov<24>2008 15:43 Apr 14, 2010 Jkt 220001 PO 00000 Frm 00068 Fmt 4703 Sfmt 9990 19675 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 May 17, 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 29 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: April 6, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–8646 Filed 4–14–10; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Notices]
[Pages 19674-19675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8646]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2003-16564; FMCSA-2005-23238; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-
2007-0071; FMCSA-2008-0021]


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 29 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 May 12, 2010. Comments must be 
received on or before May 17, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1999-6480; FMCSA-2003-16564; 
FMCSA-2005-23238; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2005-22727; 
FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2008-0021, 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.).

[[Page 19675]]

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 29 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 29 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Gerald L. Anderson
Leo G. Becker
Timothy W. Bickford
Stanley W. Davis
Ray L. Emert
Sean O. Feeny
Steven R. Felks
Marvin T. Fowler
Michael J. Frein
Jimmy G. Hall
Hazel L. Hopkins, Jr.
Dennis R. Irvin
Mark L. LeBlanc
David A. Miller
Rick P. Moreno
Paul D. Schnautz
Steve J. Sherar
Robert F. Skinner, Jr.
William T. Smiley
Richard M. Smith
Robert A. Stoeckle
David N. Stubbs
Edward J. Sullivan
Aaron S. Taylor
Martin L. Taylor
Gary R. Thomas
William B. Thomas
Michael J. Tisher
Kevin R. White

    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 29 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 68195; 65 FR 20251; 67 FR 17102; 69 FR 17267; 71 FR 
16410; 73 FR 28188; 68 FR 74699; 69 FR 10503; 71 FR 6829; 71 FR 5105; 
71 FR 19600; 70 FR 30999; 70 FR 46567; 72 FR 40360; 70 FR 48797; 70 FR 
61493; 73 FR 6246; 70 FR 71884; 71 FR 4632; 73 FR 5259; 72 FR 67340; 73 
FR 1395; 73 FR 6242; 73 FR 16950; 73 FR 15567; 73 FR 27015). Each of 
these 29 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 May 17, 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 29 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: April 6, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-8646 Filed 4-14-10; 8:45 am]
BILLING CODE 4910-EX-P