Qualification of Drivers; Exemption Renewals; Vision, 36779-36780 [2010-15676]
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jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
David W. Grooms
Walter D. Hague, Jr.
Spencer N. Haugen
Edward J. Hess, Jr.
William G. Hix
Ralph E. Holmes
Bruce A. Homan
Timothy B. Hummel
Fredrick C. Ingles
Lerry L. Jarvis
Michael S. Johannsen
Charles E. Johnston
Harry L. Jones
Mearl C. Kennedy
Aaron C. Lougher
William F. Mack
Patrick E. Martin
Bennet G. Maruska
Leland K. McAlhaney
Bobby G. Minton
Charles J. Morman
Larry A. Nienhuis
Corey L. Paraf
John H. Pribanic
Ronald M. Price
John P. Raftis
Scott D. Russell
Alton M. Rutherford
Charles L. Schnell
Andrew W. Schollett
Joseph B. Shaw, Jr.
Wolfgang V. Spekis
Sandra J. Sperling
Ryan K. Steelman
Robert L. Swartz, Jr.
Roger A. Thein, Jr.
Duane L. Tysseling
Kenneth E. Walker
Richard G. Wendt
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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The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
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21:02 Jun 25, 2010
Jkt 220001
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 60 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 54948; 65 FR 159;
67 FR 10475; 69 FR 8260; 71 FR 6824;
73 FR 48275; 67 FR 17102; 69 FR 17267;
71 FR 26601; 65 FR 20245; 66 FR 30502;
66 FR 41654; 68 FR 44837; 70 FR 41811;
72 FR 52422; 66 FR 53826; 66 FR 66966;
68 FR 69434; 70 FR 74102; 69 FR 26921;
67 FR 10471; 67 FR 19798; 69 FR 19611;
71 FR 26601; 73 FR 43819; 67 FR 15662;
67 FR 37907; 69 FR 26206; 69 FR 26221;
71 FR 27033; 67 FR 76439; 68 FR 10298;
71 FR 16410; 68 FR 61857; 68 FR 76715;
71 FR 6825; 73 FR 19928; 71 FR 646; 68
FR 74699; 68 FR 10503; 71 FR 6829; 69
FR 17263; 69 FR 31447; 70 FR 48797;
70 FR 61493; 70 FR 57353; 70 FR 72689;
71 FR 4194; 71 FR 13450; 71 FR 5105;
71 FR 19600; 71 FR 6826; 71 FR 19602;
71 FR 14566; 71 FR 30227; 71 FR 32183;
71 FR 41310; 72 FR 180; 72 FR 9397; 73
FR 15567; 73 FR 27015). Each of these
60 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
PO 00000
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Fmt 4703
Sfmt 4703
36779
drivers submit comments by July 28,
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 60
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: June 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–15679 Filed 6–25–10; 8:45 am]
BILLING CODE 4910–EX–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
Renewals; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
E:\FR\FM\28JNN1.SGM
28JNN1
36780
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
in the Federal Motor Carrier Safety
Regulations for 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
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:
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 May 17, 2010
(75 FR 19674).
jlentini on DSKJ8SOYB1PROD with NOTICES
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment is considered
and discussed below. An anonymous
individual stated that he feels the
Agency is negligent and lets drivers who
can’t see get by with unsafe regulations.
The individual feels that standards need
to be instituted to guide the medical
doctors.
In regard to this comment, to evaluate
the effect of these exemptions on safety,
FMCSA considered not only the
medical reports about the applicants’
vision, but also their driving records
and experience with the vision
deficiency. To qualify for an exemption
from the vision standard, FMCSA
requires a person to present verifiable
evidence that he or she has driven a
commercial vehicle safely with the
vision deficiency for 3 years. Recent
driving performance is especially
important in evaluating future safety,
according to several research studies
designed to correlate past and future
driving performance. Results of these
studies support the principle that the
best predictor of future performance by
a driver is his/her past record of crashes
VerDate Mar<15>2010
21:02 Jun 25, 2010
Jkt 220001
and traffic violations. Copies of the
studies may be found at Docket Number
FMCSA–1998–3637. FMCSA also relies
on the medical physician examining the
driver to determine if the individual has
sufficient vision to perform the tasks
necessary to operate a commercial
vehicle safely.
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 29 renewal
applications, FMCSA renews the
Federal vision exemptions for 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 and Kevin R. White.
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: June 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–15676 Filed 6–25–10; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0006; Notice 1]
Notice of Receipt of Petition for
Decision that Nonconforming 2000
East Lancs Lolyne Double Decker Bus
Mounted on Volvo B7L Chassis is
Eligible for Importation
AGENCY: National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition.
SUMMARY: This document announces
receipt by the National Highway Traffic
PO 00000
Frm 00152
Fmt 4703
Sfmt 4703
Safety Administration (NHTSA) of a
petition for a decision that 2000 East
Lancs Lolyne double decker buses
mounted on Volvo B7L chasses that
were not originally manufactured to
comply with all applicable Federal
Motor Vehicle Safety Standards
(FMVSS) are eligible for importation
into the United States because they have
safety features that comply with, or are
capable of being altered to comply with,
all such standards.
DATES: The closing date for comments
on the petition is July 28, 2010.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by 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., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of 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).
How to Read Comments submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also view the documents from the
Internet at https://www.regulations.gov.
Follow the online instructions for
E:\FR\FM\28JNN1.SGM
28JNN1
Agencies
[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36779-36780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15676]
-----------------------------------------------------------------------
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 Renewals; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement
[[Page 36780]]
in the Federal Motor Carrier Safety Regulations for 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 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:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-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 statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on May 17, 2010 (75 FR 19674).
Discussion of Comments
FMCSA received one comment in this proceeding. The comment is
considered and discussed below. An anonymous individual stated that he
feels the Agency is negligent and lets drivers who can't see get by
with unsafe regulations. The individual feels that standards need to be
instituted to guide the medical doctors.
In regard to this comment, to evaluate the effect of these
exemptions on safety, FMCSA considered not only the medical reports
about the applicants' vision, but also their driving records and
experience with the vision deficiency. To qualify for an exemption from
the vision standard, FMCSA requires a person to present verifiable
evidence that he or she has driven a commercial vehicle safely with the
vision deficiency for 3 years. Recent driving performance is especially
important in evaluating future safety, according to several research
studies designed to correlate past and future driving performance.
Results of these studies support the principle that the best predictor
of future performance by a driver is his/her past record of crashes and
traffic violations. Copies of the studies may be found at Docket Number
FMCSA-1998-3637. FMCSA also relies on the medical physician examining
the driver to determine if the individual has sufficient vision to
perform the tasks necessary to operate a commercial vehicle safely.
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 29 renewal applications, FMCSA renews the Federal
vision exemptions for 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 and Kevin R. White.
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: June 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-15676 Filed 6-25-10; 8:45 am]
BILLING CODE 4910-EX-P