Qualification of Drivers; Exemption Renewals; Vision, 36779-36780 [2010-15676]

Download as PDF 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level VerDate Mar<15>2010 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 Frm 00151 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 http://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 http://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 http://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]


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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 Renewals; Vision

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

ACTION: Notice of final disposition.

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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