Qualification of Drivers; Exemption Applications; Vision, 20881-20883 [2010-9117]
Download as PDF
Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices
www.regulations.gov, including any
personal information provided.
Documents submitted to a docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the Internet at
https://www.regulations.gov by following
the online instructions for accessing the
dockets. DOT’s complete Privacy Act
Statement is available for review in the
Federal Register published on April 11,
2000, (65 FR 19477–78).
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
Comment closing date: May 21, 2010.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8
Issued on: April 15, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010–9162 Filed 4–20–10; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2010–17]
Petition for Exemption; Summary of
Petition Received
erowe on DSK5CLS3C1PROD with NOTICES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petition for exemption
received.
SUMMARY: This notice contains a
summary of a petition seeking relief
from specified requirements of 14 CFR.
The purpose of this notice is to improve
the public’s awareness of, and
participation in, this aspect of FAA’s
regulatory activities. Neither publication
of this notice nor the inclusion or
omission of information in the summary
is intended to affect the legal status of
the petition or its final disposition.
DATES: Comments on this petition must
identify the petition docket number
involved and must be received on or
before May 11, 2010.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2010–0215 using any of the following
methods:
VerDate Nov<24>2008
14:33 Apr 20, 2010
Jkt 220001
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Brenda Sexton, (202–267–3664), Office
of Rulemaking (ARM–204), Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591.
This notice is published pursuant to 14
CFR 11.85.
Issued in Washington, DC, on April 16,
2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2010–0215.
Petitioner: Gulf Aviation Doing
Business as United Aviation.
Section of 14 CFR Affected: 129.109,
129.111, 129.117.
Description of Relief Sought: The
petitioner seeks relief from part 129
§§ 129.109, 129.111, 129.117. If granted,
this exemption will allow Gulf Aviation
Services to operate their fleet of Embraer
EMB–135BJ aircraft outside of the
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20881
United States without implementing the
instructions for continued airworthiness
into Gulf Aviation Service’s
maintenance program.
[FR Doc. 2010–9135 Filed 4–20–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–6480; FMCSA–
2001–11426; FMCSA–2003–16241; FMCSA–
2003–16564; FMCSA–2005–21711; FMCSA–
2005–22194; MCSA–2005–22727; FMCSA–
2005–23099; FMCSA–2007–0017; FMCSA–
2007–0071]
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 17 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 April
23, 2010. Comments must be received
on or before May 21, 2010.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
1999–6480; FMCSA–2001–11426;
FMCSA–2003–16241; FMCSA–2003–
16564; FMCSA–2005–21711; FMCSA–
2005–22194; FMCSA–2005–22727;
FMCSA–2005–23099; FMCSA–2007–
0017; FMCSA–2007–0071, using any of
the following methods.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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.
E:\FR\FM\21APN1.SGM
21APN1
20882
Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices
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 online.
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:
erowe on DSK5CLS3C1PROD with NOTICES
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.’’ The procedures
for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
Exemption Decision
This notice addresses 17 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
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14:33 Apr 20, 2010
Jkt 220001
17 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Roy L. Allen
Lyle H. Banser
Lloyd J. Botsford
Walter M. Brown
Charley J. Davis
Derek T. Ford
Paul D. Gaither
Taras G. Hamilton
Thomas R. Hedden
Laurent G. Jacques
Lucio Leal
Earl R. Mark
Douglas A. Mendoza
Michael R. Moore
Richard W. Neyens
John P. Rodrigues
Charles W. Towner, Jr.
The 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 retains 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 17 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
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
16410; 67 FR 10471; 67 FR 19798; 69 FR
19611; 71 FR 19604; 73 FR 15254; 68 FR
61857; 68 FR 75715; 71 FR 646; 72 FR
71998; 68 FR 74699; 69 FR 10503; 71 FR
6829; 70 FR 48797; 70 FR 61493; 70 FR
57353; 70 FR 72689; 70 FR 71884; 71 FR
4632; 73 FR 9158; 71 FR 4194; 71 FR
13450; 72 FR 67340; 73 FR 1395; 73 FR
6242; 73 FR 16950). Each of these 17
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 21,
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 17
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 made 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
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21APN1
Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices
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 15, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–9117 Filed 4–20–10; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
April 12, 2010.
The Department of the Treasury will
submit the following public information
collection requirements 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. A copy of
the submissions may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding
these information collections should be
addressed to the OMB reviewer listed
and to the Treasury PRA Clearance
Officer, Department of the Treasury,
1750 Pennsylvania Avenue, NW., Suite
11010, Washington, DC 20220.
Dates: Written comments should be
received on or before May 21, 2010 to
be assured of consideration.
erowe on DSK5CLS3C1PROD with NOTICES
Internal Revenue Service (IRS)
OMB Number: 1545–1817.
Type of Review: Extension without
change of a currently approved
collection.
Title: Application for United States
Residency Certification.
Form Number: 8802.
Abstract: All requests for U.S.
residency certification must be received
on Form 8802, Application for United
States Residency Certification. This
application must be sent to the
Philadelphia Service Center. As proof of
residency in the United States and of
entitlement to the benefits of a tax
treaty, U.S. treaty partner countries
require a U.S. Government certification
that you are a U.S. citizen, U.S.
Corporation, U.S. partnership, or
resident of the United States for
purposes of taxation.
VerDate Nov<24>2008
14:33 Apr 20, 2010
Jkt 220001
Respondents: Individuals or
Households.
Estimated Total Burden Hours:
421,000 hours.
OMB Number: 1545–1534.
Type of Review: Extension without
change of a currently approved
collection.
Title: REG–252936–96 (TD 8780—
Final) Rewards for Information Relating
to Violations of Internal Revenue Laws.
Abstract: The regulations relate to
rewards for information that results in
the detection and punishment of
violations of the Internal Revenue Laws.
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 30,000
hours.
OMB Number: 1545–1583.
Type of Review: Extension without
change of a currently approved
collection.
Title: REG–209322–82 (TD 8841—
Final), Return of Partnership Income.
Abstract: Information is required to
enable the IRS to verify that a taxpayer
is reporting the correct amount of
income or gain or claiming the correct
amount of losses, deductions, or credits
from that taxpayer’s interest in the
partnership.
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 1
hour.
OMB Number: 1545–1562.
Type of Review: Extension without
change of a currently approved
collection.
Title: Revenue Procedure 97–48,
Automatic Relief for Late S Corporation
Elections.
Abstract: The Small Business Job
Protection Act of 1996 provides the IRS
with the authority to grant relief for late
S corporation elections. This revenue
procedure provides that, in certain
situations, taxpayers whose S
corporation election was filed late can
obtain relief by filing Form 2553 and
attaching a statement explaining that the
requirements of the revenue procedure
have been met.
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 100
hours.
OMB Number: 1545–1448.
Type of Review: Extension without
change of a currently approved
collection.
Title: EE–81–88 (TD 8599—Final)
Deductions for Transfers of Property.
Abstract: These regulations concern
the Secretary’s authority to require the
filing of an information return under
Code section 6041 and expand the
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
20883
requirement to furnish forms to certain
corporate service providers.
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 1
hour.
Bureau Clearance Officer: R. Joseph
Durbala, Internal Revenue Service, 1111
Constitution Avenue, NW., Room 6129,
Washington, DC 20224; (202) 622–3634.
OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
Celina Elphage,
Treasury PRA Clearance Officer.
[FR Doc. 2010–9120 Filed 4–20–10; 8:45 am]
BILLING CODE 4830–01–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 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. The OCC is
soliciting comment concerning an
extension of OMB approval of the
information collection titled, ‘‘Real
Estate Lending and Appraisals (12 CFR
34).’’
DATES: Comments must be submitted on
or before June 21, 2010.
ADDRESSES: Communications Division,
Office of the Comptroller of the
Currency, Mailstop 2–3, Attention:
1557–0190, 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 may
personally inspect and photocopy
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
E:\FR\FM\21APN1.SGM
21APN1
Agencies
[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Notices]
[Pages 20881-20883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9117]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2003-16241; FMCSA-
2003-16564; FMCSA-2005-21711; FMCSA-2005-22194; MCSA-2005-22727; FMCSA-
2005-23099; FMCSA-2007-0017; FMCSA-2007-0071]
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 17 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 April 23, 2010. Comments must be
received on or before May 21, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-1999-6480; FMCSA-2001-11426;
FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0017; FMCSA-2007-0071,
using any of the following methods.
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online 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.
[[Page 20882]]
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 online.
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 17 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 17 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Roy L. Allen
Lyle H. Banser
Lloyd J. Botsford
Walter M. Brown
Charley J. Davis
Derek T. Ford
Paul D. Gaither
Taras G. Hamilton
Thomas R. Hedden
Laurent G. Jacques
Lucio Leal
Earl R. Mark
Douglas A. Mendoza
Michael R. Moore
Richard W. Neyens
John P. Rodrigues
Charles W. Towner, Jr.
The 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 retains 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 17 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; 67 FR 10471; 67 FR 19798; 69 FR 19611; 71 FR 19604; 73 FR 15254;
68 FR 61857; 68 FR 75715; 71 FR 646; 72 FR 71998; 68 FR 74699; 69 FR
10503; 71 FR 6829; 70 FR 48797; 70 FR 61493; 70 FR 57353; 70 FR 72689;
70 FR 71884; 71 FR 4632; 73 FR 9158; 71 FR 4194; 71 FR 13450; 72 FR
67340; 73 FR 1395; 73 FR 6242; 73 FR 16950). Each of these 17
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 21, 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 17 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 made 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
[[Page 20883]]
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 15, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-9117 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-EX-P