Qualification of Drivers; Exemption Renewals; Vision, 38603 [2010-16210]

Download as PDF Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 51568; 64 FR 68195; 65 FR 20251; 67 FR 38311; 69 FR 26221; 71 FR 27033; 73 FR 52451; 69 FR 26921; 73 FR 28186; 67 FR 17102; 69 FR 17267; 71 FR 26601; 73 FR 27017; 67 FR 10471; 67 FR 19798; 69 FR 19611; 71 FR 19604; 73 FR 27014; 68 FR 10301; 68 FR 19596; 70 FR 74102; 73 FR 52451; 68 FR 74699; 69 FR 10503; 71 FR 16410; 73 FR 28188; 69 FR 17263; 69 FR 31447; 71 FR 43556; 73 FR 52451; 73 FR 36954; 71 FR 14566; 71 FR 30227; 73 FR 27014; 73 FR 52451; 71 FR 32183; 71 FR 41310; 73 FR 15567; 73 FR 27015). Each of these 13 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 August 2, 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 13 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 VerDate Mar<15>2010 18:27 Jul 01, 2010 Jkt 220001 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. 2010–16180 Filed 7–1–10; 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 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 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 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. 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: PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 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 June 16, 2010 (75 FR 27623). Discussion of Comments FMCSA received no comments in this proceeding. Conclusion Issued on: June 28, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. FOR FURTHER INFORMATION CONTACT: 38603 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 21 renewal applications, FMCSA renews the Federal vision exemptions for 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. 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 28, 2010. Larry W. Minor Associate Administrator for Policy and Program Development. [FR Doc. 2010–16210 Filed 7–1–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration State Responsibility for the Timely Reporting and Posting of Certain Convictions and Disqualifications Involving Commercial Driver’s License Holders AGENCY: Federal Motor Carrier Safety Administration, DOT. E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Page 38603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16210]


-----------------------------------------------------------------------

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 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 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 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 June 16, 2010 (75 FR 27623).

Discussion of Comments

    FMCSA received no comments in this proceeding.

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 21 renewal applications, FMCSA renews the Federal 
vision exemptions for 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.
    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 28, 2010.
Larry W. Minor
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-16210 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-EX-P