Qualification of Drivers; Exemption Applications; Vision, 59327-59329 [2010-24195]

Download as PDF Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Notices Issued in Washington, DC, on September 17, 2010. Robert L. Bostiga, RTCA Advisory Committee. [FR Doc. 2010–24111 Filed 9–24–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Seventh Meeting—RTCA Special Committee 217: Joint With EUROCAE WG–44 Terrain and Airport Mapping Databases Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special Committee 217: Joint with EUROCAE WG–44 Terrain and Airport Mapping Databases. AGENCY: The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 217: Joint with EUROCAE WG–44 Terrain and Airport Mapping Databases. DATES: The meeting will be held on October 25–29, 2010. ADDRESSES: The meeting will be held at Jeppesen World Headquarters, Wilbur Wright Room, 55 Invernes Drive East, Englewood, Colorado, 80112, USA, John Kasten, E-mail: john.kasten@jeppesen.com, telephone (303) 328–4535, mobile (303) 260–9652. Alternate Contact, Lisa Haskell, E-mail: lisa.haskell@jeppesen.com, telephone (303) 328–6891. FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC, 20036– 5133; telephone (202) 833–9339; fax (202) 833–9434; Web site https:// www.rtca.org. SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2), notice is hereby given for a RTCA Special Committee 217: Joint with EUROCAE WG–44 Terrain and Airport Mapping Databases meeting. The agenda will include: SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with NOTICES Monday, October 25th • Opening Plenary Session. • Chairmen’s remarks and introductions. • Housekeeping. • Approve minutes from previous meeting. • Review and approve meeting agenda. • Schedule for this week. • Action Item Review. VerDate Mar<15>2010 17:01 Sep 24, 2010 Jkt 220001 59327 • Presentations (Not linked to Working Group Activity). • None Scheduled. Note: Coordination with both co-chairs required to add something here. • Working Group Reports (Activity Status). • During this block, the Working Group Leads are to report on activities that have occurred since the April meeting, i.e. meetings held, materials developed. Work-in-progress is covered later in the week. For Working Groups and Leads, see last page. Data Quality— Non-Numeric Requirements. statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Tuesday, October 26th DEPARTMENT OF TRANSPORTATION • Working Group Reports on What is Ready for Publication. • During this block, the Working Group Leads review for the Committee those items of their work programs that have been finalized and either have or will be provided for document(s) update within the current schedule. For Working Groups and Leads, see last page. Wednesday, October 27th • Specific Working Group Sessions (As Required): • During this block, the Working Group Leads will present their work-inprogress and with Committee participate, prioritize in terms of ‘‘next document release or later’’. For Working Group Leads, see last page. Thursday, October 28th • Continuation of Specific Working Group Sessions (if required) (TBD). • Working Group Road Map Review. • During this block, the existing Road Map will be reviewed to ensure all items have been or will be addressed within the appropriate Working Group. Not every Working Group will be required to address this, only those with Road Map Items. For Working Group and Leads, see last page. • Action Item Review—News items from October 2010 Meeting. • Any Other Business (TBD). • Closing Plenary Session—Joint RTCA SC–217/EUROCAE WG–44. Friday, October 29th. • D-Taxi Coordination Report (Tiger Team). • Andre Bourdais to report on the Tiger Team activities with Eurocae WG– 78 (assisted by his co-chair). This will be an opportunity for SC–217/WG–44 to meet with the Tiger Team for detailed discussions and issue resolution. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Issued in Washington, DC, on September 17, 2010. Robert L. Bostiga, RTCA Advisory Committee. [FR Doc. 2010–24112 Filed 9–24–10; 8:45 am] BILLING CODE 4910–13–P Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7165; FMCSA– 2000–8398; FMCSA–2004–17984; FMCSA– 2004–18885; FMCSA–2008–0266] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: 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 without the exemptions for these commercial motor vehicle (CMV) drivers. SUMMARY: This decision is effective October 27, 2010. Comments must be received on or before October 27, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2000–7165; FMCSA–2000–8398; FMCSA–2004–17984; FMCSA–2004– 18885; FMCSA–2008–0266, 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, DATES: E:\FR\FM\27SEN1.SGM 27SEN1 59328 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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. Instructions: 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 Federal Docket Management System (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 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 DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf. 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: 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: Paul G. Albrecht Elijah A. Allen, Jr. David W. Brown Monty G. Calderon Awilda S. Colon David M. Hagadorn Zane G. Harvey, Jr. Jeffrey M. Keyser Donnie A. Kildow Daniel A. McNabb David G. Meyers Thomas L. Oglesby Michael J. Paul Russell A. Payne Rodney M. Pegg Raymond E. Peterson Zbigniew P. Pietranik John C. Rodriguez Terrance L. Trautman Charles E. Wood Joseph F. Wood 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 Background will be valid for two years unless rescinded earlier by FMCSA. The Under 49 U.S.C. 31136(e) and 31315, exemption will be rescinded if: (1) The FMCSA may renew an exemption from person fails to comply with the terms the vision requirements in 49 CFR and conditions of the exemption; (2) the 391.41(b)(10), which applies to drivers exemption has resulted in a lower level of CMVs in interstate commerce, for a of safety than was maintained before it two-year period if it finds ‘‘such was granted; or (3) continuation of the exemption would likely achieve a level exemption would not be consistent with of safety that is equivalent to, or greater the goals and objectives of 49 U.S.C. than, the level that would be achieved absent such exemption.’’ The procedures 31136(e) and 31315. VerDate Mar<15>2010 17:01 Sep 24, 2010 Jkt 220001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 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 (65 FR 33406; 65 FR 57234; 67 FR 57266; 69 FR 52741; 71 FR 53489; 73 FR 61925; 65 FR 78256; 66 FR 16311; 69 FR 33997; 69 FR 61292; 71 FR 55820; 69 FR 53493; 69 FR 62742; 71 FR 62148; 73 FR 51689; 73 FR 63047). 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 October 27, 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 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. E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Notices 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: September 21, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–24195 Filed 9–24–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF VETERANS AFFAIRS Reasonable Charges for Inpatient MS– DRGs and SNF Medical Services; 2011 Fiscal Year Update Department of Veterans Affairs. Notice. outpatient facility charges; physician and other professional charges, including professional charges for anesthesia services and dental services; pathology and laboratory charges; observation care facility charges; ambulance and other emergency transportation charges; and charges for durable medical equipment, drugs, injectables, and other medical services, items, and supplies identified by Healthcare Common Procedure Coding System (HCPCS) Level II codes. The regulations also provide that data for calculating actual charge amounts at individual VA facilities based on these methodologies will either be published in a notice in the Federal Register or will be posted on the Internet site of the Veterans Health Administration (VHA) Chief Business Office, currently at https://www1.va.gov/CBO/apps/rates/ index.asp, under ‘‘Charge Data.’’ Certain charges are hereby updated as described in the Supplementary Information section of this notice. These changes are effective October 1, 2010. When charges for medical care or services provided or furnished at VA expense by either VA or non-VA providers have not been established under other provisions of the regulations, the method for determining VA’s charges is set forth at 38 CFR 17.101(a)(8). AGENCY: FOR FURTHER INFORMATION CONTACT: ACTION: Romona Greene, Chief Business Office (168), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–1595. (This is not a toll free number.) Section 17.101 of Title 38 of the Code of Federal Regulations sets forth the Department of Veterans Affairs (VA) medical regulations concerning ‘‘Reasonable Charges’’ for medical care or services provided or furnished by VA to a veteran: —For a nonservice-connected disability for which the veteran is entitled to care (or the payment of expenses of care) under a health plan contract; —For a nonservice-connected disability incurred incident to the veteran’s employment and covered under a worker’s compensation law or plan that provides reimbursement or indemnification for such care and services; or —For a nonservice-connected disability incurred as a result of a motor vehicle accident in a State that requires automobile accident reparations insurance. The regulations include methodologies for establishing billed amounts for the following types of charges: Acute inpatient facility charges; skilled nursing facility/sub-acute inpatient facility charges; partial hospitalization facility charges; srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:01 Sep 24, 2010 Jkt 220001 Of the charge types listed in the Summary section of this notice, only the acute inpatient facility charges and skilled nursing facility/sub-acute inpatient facility charges are being changed. Charges for the following charge types: partial hospitalization facility charges; outpatient facility charges; physician and other professional charges, including professional charges for anesthesia services and dental services; pathology and laboratory charges; observation care facility charges; ambulance and other emergency transportation charges; and charges for durable medical equipment, drugs, injectables, and other medical services, items, and supplies identified by HCPCS Level II codes are not being changed. These Outpatient facility charges and Professional charges remain the same as set forth in a notice published in the Federal Register on December 28, 2009 (74 FR 247). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 59329 Based on the methodologies set forth in 38 CFR 17.101(b), this document provides an update to acute inpatient charges that were based on 2010 Medicare severity diagnosis related groups (MS–DRGs). Acute inpatient facility charges by MS–DRGs are set forth in Table A and are posted on the Internet site of the VHA Chief Business Office, currently at https://www1.va.gov/ CBO/apps/rates/index.asp, under ‘‘Charge Data.’’ This Table A corresponds to the Table A referenced in the September 17, 2009, Federal Register Notice. Table A referenced in this notice provides updated charges based on 2011 MS–DRGs and will replace Table A posted on the Internet site of the VHA Chief Business Office, which corresponds to the Table A referenced in the September 17, 2009, Federal Register notice. Also, this document provides for an updated all-inclusive per diem charge for skilled nursing facility/sub-acute inpatient facility charge using the methodologies set forth in 38 CFR 17.101(c), and it is adjusted by a geographic area factor based on the location where the care is provided. The skilled nursing facility/sub-acute inpatient facility per diem charge is set forth in Table B and is posted on the Internet site of the VHA Chief Business Office, currently at https://www1.va.gov/ CBO/apps/rates/index.asp, under ‘‘Charge Data.’’ This Table B corresponds to the Table B referenced in the September 17, 2009, Federal Register Notice. Table B referenced in this notice provides updated all-inclusive nationwide skilled nursing facility/subacute inpatient facility per diem charge and will replace Table B posted on the Internet site of the VHA Chief Business Office, which corresponds to the Table B referenced in the September 17, 2009, Federal Register notice. The charges in this update for acute inpatient facility and skilled nursing facility/sub-acute inpatient facility services are effective October 1, 2010. In this update, we are retaining the table designations used for acute inpatient facility charges by MS–DRGs which is posted on the Internet site of the VHA Chief Business Office, currently at https://www1.va.gov/CBO/ apps/rates/index.asp, under ‘‘Charge Data.’’ We also are retaining the table designation used for skilled nursing facility/sub-acute inpatient facility charges which is posted on the Internet site of the VHA Chief Business Office, currently at https://www1.va.gov/CBO/ apps/rates/index.asp, under ‘‘Charge Data.’’ Accordingly, the tables identified as being updated by this notice correspond to the applicable tables E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Notices]
[Pages 59327-59329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24195]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7165; FMCSA-2000-8398; FMCSA-2004-17984; FMCSA-
2004-18885; FMCSA-2008-0266]


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

DATES: This decision is effective October 27, 2010. Comments must be 
received on or before October 27, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2000-7165; FMCSA-2000-8398; 
FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2008-0266, 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,

[[Page 59328]]

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.
    Instructions: 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 Federal Docket Management System (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 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 DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

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:

Paul G. Albrecht
Elijah A. Allen, Jr.
David W. Brown
Monty G. Calderon
Awilda S. Colon
David M. Hagadorn
Zane G. Harvey, Jr.
Jeffrey M. Keyser
Donnie A. Kildow
Daniel A. McNabb
David G. Meyers
Thomas L. Oglesby
Michael J. Paul
Russell A. Payne
Rodney M. Pegg
Raymond E. Peterson
Zbigniew P. Pietranik
John C. Rodriguez
Terrance L. Trautman
Charles E. Wood
Joseph F. Wood

    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 (65 FR 33406; 65 FR 57234; 67 FR 57266; 69 FR 52741; 71 FR 
53489; 73 FR 61925; 65 FR 78256; 66 FR 16311; 69 FR 33997; 69 FR 61292; 
71 FR 55820; 69 FR 53493; 69 FR 62742; 71 FR 62148; 73 FR 51689; 73 FR 
63047). 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 October 27, 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 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.

[[Page 59329]]

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: September 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-24195 Filed 9-24-10; 8:45 am]
BILLING CODE 4910-EX-P
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