Qualification of Drivers; Exemption Applications; Vision, 27623-27625 [2010-11705]

Download as PDF Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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: 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 18 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 (64 FR 54948; 65 FR 159; of safety that is equivalent to, or greater 66 FR 66969; 68 FR 69432; 71 FR 644; than, the level that would be achieved absent such exemption.’’ The procedures 73 FR 27014; 64 FR 68195; 65 FR 20251; 67 FR 17102; 69 FR 17267; 71 FR 16410; for requesting an exemption (including renewals) are set out in 49 CFR part 381. 66 FR 53826; 66 FR 66966; 67 FR 10471; 67 FR 19798; 69 FR 19611; 71 FR 19604; Exemption Decision 70 FR 71884; 71 FR 4632; 71 FR 4194; This notice addresses 18 individuals 71 FR 13450; 71 FR 5105; 71 FR 19600; who have requested renewal of their 71 FR 6826; 71 FR 19602; 71 FR 14566; exemptions in accordance with FMCSA 71 FR 30227; 73 FR 6242; 73 FR procedures. FMCSA has evaluated these 1695073 FR 15567; 73 FR 27015). Each 18 applications for renewal on their of these 18 applicants has requested merits and decided to extend each renewal of the exemption and has exemption for a renewable two-year submitted evidence showing that the period. They are: Paul D. Crouch, John vision in the better eye continues to M. Doney, Curtis N. Fulbright, Joshua G. meet the standard specified at 49 CFR Hansen, Daniel W. Henderson, Edward 391.41(b)(10) and that the vision W. Hosier, Craig T. Jorgensen, Jose A. impairment is stable. In addition, a Lopez, Earl E. Martin, Bobby L. review of each record of safety while Mashburn, Brian E. Monaghan, William driving with the respective vision P. Murphy, Roy J. Oltman, Albert L. deficiencies over the past two years Remsburg, III, Antonio A. Ribeiro, Justin indicates each applicant continues to T. Richman, Darwin J. Thomas, and meet the vision exemption standards. Frankie A. Wilborn. These factors provide an adequate basis These exemptions are extended for predicting each driver’s ability to subject to the following conditions: (1) continue to drive safely in interstate That each individual has a physical commerce. Therefore, FMCSA examination every year (a) by an concludes that extending the exemption ophthalmologist or optometrist who for each renewal applicant for a period attests that the vision in the better eye of two years is likely to achieve a level continues to meet the standard in 49 of safety equal to that existing without CFR 391.41(b)(10), and (b) by a medical the exemption. examiner who attests that the individual Request for Comments is otherwise physically qualified under 49 CFR 391.41; (2) that each individual FMCSA will review comments provides a copy of the ophthalmologist’s received at any time concerning a or optometrist’s report to the medical particular driver’s safety record and examiner at the time of the annual determine if the continuation of the medical examination; and (3) that each exemption is consistent with the individual provides a copy of the requirements at 49 U.S.C. 31136(e) and annual medical certification to the 31315. However, FMCSA requests that employer for retention in the driver’s interested parties with specific data qualification file and retains a copy of concerning the safety records of these the certification on his/her person while drivers submit comments by June 16, driving for presentation to a duly 2010. FMCSA believes that the authorized Federal, State, or local requirements for a renewal of an enforcement official. Each exemption exemption under 49 U.S.C. 31136(e) and will be valid for two years unless 31315 can be satisfied by initially rescinded earlier by FMCSA. The granting the renewal and then exemption will be rescinded if: (1) The requesting and evaluating, if needed, person fails to comply with the terms and conditions of the exemption; (2) the subsequent comments submitted by interested parties. As indicated above, exemption has resulted in a lower level VerDate Mar<15>2010 17:36 May 14, 2010 Jkt 220001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 27623 the Agency previously published notices of final disposition announcing its decision to exempt these 18 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: May 4, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–11713 Filed 5–14–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 1999–6480; FMCSA–2000–7006; FMCSA– 2000–7165; FMCSA–2000–7363; FMCSA– 2004–17195; FMCSA–2006–23773] 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 21 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 E:\FR\FM\17MYN1.SGM 17MYN1 27624 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective June 3, 2010. Comments must be received on or before June 16, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1999–5578; FMCSA–1999–6480; FMCSA–2000–7006; FMCSA–2000– 7165; FMCSA–2000–7363; FMCSA– 2004–17195; FMCSA–2006–23773, 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 acknowledgment 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. VerDate Mar<15>2010 17:36 May 14, 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: 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 21 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 21 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: James C. Askin, Paul J. Bannon, Ernie E. Black, Ronnie F. Bowman, Gary O. Brady, Stephen H. Goldcamp, Steven F. Grass, Wai F. King, Dennis E. Krone, Richard J. McKenzie, Jr., Christopher J. Meerten, Craig W. Miller, William J. Miller, Robert J. Mohorter, James A. Mohr, Roderick F. Peterson, Tommy L. Ray, Jr., George S. Rayson, Donald W. Sidwell, Elmer K. Thomas, and Raul R. Torres. 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 provide 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 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 21 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 69 FR 8260; 71 FR 16410; 73 FR 78186; 64 FR 68195; 65 FR 20251; 67 FR 38311; 69 FR 26921; 71 FR 27033; 67 FR 17102; 69 FR 17267; 71 FR 16410; 65 FR 20245; 65 FR 57230; 65 FR 33406; 65 FR 45817; 65 FR 77066; 68 FR 1654; 70 FR 7545; 73 FR 11989; 69 FR 17263; 69 FR 31447; 71 FR 6826; 71 FR 19602). Each of these 21 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 June 16, 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 E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Notices 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 21 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 made 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 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. [FR Doc. 2010–11576 Filed 5–14–10; 8:45 am] ACTION: Announcement of the Fall 2010 Annual Grant Competition Effective October 1, 2010 United States Institute of Peace. Jkt 220001 United States Institute of Peace. Notice. AGENCY: UNITED STATES INSTITUTE OF PEACE srobinson on DSKHWCL6B1PROD with NOTICES Dated: May 11, 2010. Michael Graham, Vice President for Management. Announcement of the Priority Grant Competition for Immediate Release BILLING CODE 4910–EX–P 17:36 May 14, 2010 SUMMARY: The Agency announces its Annual Grant Competition, which offers support for research, education and training, and the dissemination of information on international peace and conflict resolution. The Annual Grant Competition is open to any project that falls within the Institute’s broad mandate of international conflict resolution. Deadline: October 1, 2010. Online application available: https:// www.usip.org/grants-fellowships/ annual-grant-competition. DATES: Submission of Application: October 1, 2010. Notification Date: March 31, 2011. ADDRESSES: United States Institute of Peace, Grant Program, 1200 17th Street, NW., Suite 200, Washington, DC 20036– 3011, (202) 429–3842 (phone), (202) 833–1018 (fax), (202) 457–1719 (TTY), email: grants@usip.org. FOR FURTHER INFORMATION CONTACT: The Grant Program, Annual Grant Competition, Phone (202) 429–3842, email: grants@usip.org. UNITED STATES INSTITUTE OF PEACE [FR Doc. 2010–11705 Filed 5–14–10; 8:45 am] VerDate Mar<15>2010 Notice. BILLING CODE 6820–AR–M Issued on: May 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. AGENCY: ACTION: SUMMARY: The Agency announces its ongoing Priority Grant Competition. The Priority Grant Competition focuses on countries and topics as they relate to USIP’s mandate. The Priority Grant PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 27625 Competition is restricted to projects that fit the themes identified for each priority area. Starting October 1, the Priority Grant Competition will focus on five countries and one topic. • Afghanistan. • Iran. • Iraq. • Pakistan. • Sudan. • Communication for Peacebuilding. The specific themes for each priority area may be found at our Web site at: https://www.usip.org/grants-fellowships/ priority-grant-competition. Deadline: The Priority Grant Competition applications are accepted throughout the year and awards are announced throughout the year. Please visit our Web site at: https:// www.usip.org/grants-fellowships/ priority-grant-competition for specific information on the competition as well as instructions about how to apply. ADDRESSES: If you are unable to access our Web site, you may submit an inquiry to: United States Institute of Peace, Grant Program, Priority Grant Competition, 1200 17th Street, NW., Suite 200, Washington, DC 20036–3011. (202) 429–3842 (phone) (202) 833–1018 (fax) (202) 457–1719 (TTY) E-mail: grants@usip.org. FOR FURTHER INFORMATION CONTACT: The Grant Program, Phone (202) 429–3842. E-mail: grants@usip.org. Dated: May 11, 2010. Michael Graham, Vice President for Management. [FR Doc. 2010–11575 Filed 5–14–10; 8:45 am] BILLING CODE 6820–AR–M E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Notices]
[Pages 27623-27625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11705]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-
2000-7165; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2006-23773]


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 
21 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

[[Page 27624]]

without the exemptions for these commercial motor vehicle (CMV) 
drivers.

DATES: This decision is effective June 3, 2010. Comments must be 
received on or before June 16, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1999-5578; FMCSA-1999-6480; 
FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-2004-17195; 
FMCSA-2006-23773, 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 acknowledgment 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 21 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 21 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are: 
James C. Askin, Paul J. Bannon, Ernie E. Black, Ronnie F. Bowman, Gary 
O. Brady, Stephen H. Goldcamp, Steven F. Grass, Wai F. King, Dennis E. 
Krone, Richard J. McKenzie, Jr., Christopher J. Meerten, Craig W. 
Miller, William J. Miller, Robert J. Mohorter, James A. Mohr, Roderick 
F. Peterson, Tommy L. Ray, Jr., George S. Rayson, Donald W. Sidwell, 
Elmer K. Thomas, and Raul R. Torres.
    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 provide 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 21 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 27027; 64 FR 51568; 66 FR 63289; 69 FR 8260; 71 FR 
16410; 73 FR 78186; 64 FR 68195; 65 FR 20251; 67 FR 38311; 69 FR 26921; 
71 FR 27033; 67 FR 17102; 69 FR 17267; 71 FR 16410; 65 FR 20245; 65 FR 
57230; 65 FR 33406; 65 FR 45817; 65 FR 77066; 68 FR 1654; 70 FR 7545; 
73 FR 11989; 69 FR 17263; 69 FR 31447; 71 FR 6826; 71 FR 19602). Each 
of these 21 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 June 16, 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

[[Page 27625]]

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 21 
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 
made 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 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: May 5, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-11705 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-EX-P
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