Qualification of Drivers; Exemption Applications; Vision, 4414-4416 [2011-1484]

Download as PDF 4414 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Thomas E. Dewitt, Jr. David L. Dykman Clarence N. Florey, Jr. Milan D. Frasier Harold J. Haier Timothy L. Kelly Lewis A. Kielhack David Lancaster Thomas D. Laws Joe A. Mcllroy Harry J. McSuley, Jr. Robert S. Metcalf Elmer R. Miller Richard L. Moreland Ronald M. Scott Jeremichael Steele 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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 20 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 45817; 65 FR 77066; 68 FR 1654; 69 FR 53493; 69 FR 71098; 69 FR 61292; 69 FR 62742; 69 FR 33997; 71 FR 62148; 71 FR 55820; 72 FR 1054; 73 FR 61925; 73 FR 75803; 73 FR 78421; 73 FR 65009; 74 FR 6209). Each of these 20 applicants has requested renewal of the exemption and has VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 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 February 24, 2011. 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 20 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 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 take immediate steps to revoke the exemption of a driver. Issued on: January 19, 2011. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2011–1483 Filed 1–24–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2002–12844; FMCSA– 2004–17984; FMCSA–2006–26066; FMCSA– 2006–24015] 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 7 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 February 7, 2011. Comments must be received on or before February 24, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) FMCSA–2002–12844; FMCSA–2004–17984; FMCSA–2006– 26066; FMCSA–2006–24015, 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. Instructions: Each submission must include the Agency name and the DATES: E:\FR\FM\25JAN1.SGM 25JAN1 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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: procedures. FMCSA has evaluated these 7 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Thomas J. Boss Fabian L. Burnett Scott D. Goalder Casey R. Johnson Robert J. Johnson Myriam Rodriguez James E. Savage 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 Background than two years from its approval date and may be renewed upon application Under 49 U.S.C. 31136(e) and 31315, for additional two year periods. In FMCSA may renew an exemption from accordance with 49 U.S.C. 31136(e) and the vision requirements in 49 CFR 31315, each of the 7 applicants has 391.41(b)(10), which applies to drivers satisfied the entry conditions for of CMVs in interstate commerce, for a obtaining an exemption from the vision two-year period if it finds ‘‘such requirements (63 FR 30285; 63 FR exemption would likely achieve a level 54519; 67 FR 68719; 68 FR 2629; 68 FR of safety that is equivalent to, or greater 1654; 69 FR 61292; 69 FR 33997; 69 FR than, the level that would be achieved absent such exemption.’’ The procedures 71098; 69 FR 71100; 71 FR 14566; 71 FR 30227; 71 FR 63379; 72 FR 1053; 72 FR for requesting an exemption (including renewals) are set out in 49 CFR part 381. 1050; 72 FR 1054, 72 FR 5490, 74 FR 980). Each of these 7 applicants has Exemption Decision requested renewal of the exemption and has submitted evidence showing that This notice addresses 7 individuals the vision in the better eye continues to who have requested renewal of their exemptions in accordance with FMCSA meet the standard specified at 49 CFR VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 4415 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 February 24, 2011. 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 7 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. E:\FR\FM\25JAN1.SGM 25JAN1 4416 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices Issued on: January 19, 2011. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2011–1484 Filed 1–24–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0354] Qualification of Drivers; Exemption Applications; Vision Correction In notice document C1 2011–241 beginning on page 2190 in the issue of Wednesday, January 12, 2011, make the following correction: On page 2190, in the third column, in the DATES section, in the third line, ‘‘January 12, 2012’’ should read ‘‘January 14, 2013’’. [FR Doc. C1–2011–241 Filed 1–24–11; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System Pursuant to Title 49 Code of Federal Regulations (CFR) part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system. mstockstill on DSKH9S0YB1PROD with NOTICES [Docket Number FRA–2010–0168] Applicant: Union Pacific Railroad Company, Mr. William E. Van Trump, AVP Engineering—Signal/Comm./TCO, 1400 Douglas Street, Mail Stop 0910, Omaha, Nebraska 68179. The Union Pacific Railroad Company (UP) seeks approval of the proposed discontinuance of the signal systems on the Warm Springs subdivision from milepost (MP) 8.3 thru MP 17.7 near San Jose, California. The discontinuance consists of the removal of an automatic block signal system between MP 8.3 and MP 17.4, and the removal of a traffic control system between MP 17.4 MP 17.7. The discontinuance consists of the removal of 17 signals in total, which will leave a number of hand-operated switches on the track within the application area without signal protection. The Control Point Arena, MP 17.4, consists of two controlled signals to be removed. There are no poweroperated switches involved in the VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 application. A distant signal will be installed on the Warm Springs subdivision in the approach to Control Point Julian, MP 17.7. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2010– 0168) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, 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 (Volume 65, Number 70; Page 19477) or at https://www.dot.gov/privacy.html. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 Issued in Washington, DC on January 19, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2011–1415 Filed 1–24–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review Maritime Administration, DOT. Notice and request for comments. AGENCY: ACTION: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on October 1, 2010. No comments were received. DATES: Comments must be submitted on or before February 24, 2011. FOR FURTHER INFORMATION CONTACT: Michael Pucci, Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202–366–5167; FAX: 202– 366–7485; or e-mail: michael.pucci@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Maritime Administration (MARAD). Title: Requirements for Establishing U.S. Citizenship. OMB Control Number: 2133–0012. Type of Request: Extension of currently approved collection. Affected Public: Shipowners, charterers, equity owners, ship managers. Forms: Special Format. Abstract: In accordance with 46 CFR part 355, shipowners, charterers, equity owners, ship managers, etc., seeking benefits provided by statute are required to provide on an annual basis, an Affidavit of U.S. Citizenship to the Maritime Administration (MARAD) for analysis. The Affidavits of U.S. Citizenship filed with MARAD will be reviewed to determine if the Applicants are eligible to participate in the programs offered by the agency. SUMMARY: E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4414-4416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1484]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2002-12844; FMCSA-2004-17984; FMCSA-2006-26066; 
FMCSA-2006-24015]


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 
7 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 February 7, 2011. Comments must be 
received on or before February 24, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) FMCSA-2002-12844; FMCSA-2004-17984; FMCSA-
2006-26066; FMCSA-2006-24015, 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.
    Instructions: Each submission must include the Agency name and the

[[Page 4415]]

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 7 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 7 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Thomas J. Boss
Fabian L. Burnett
Scott D. Goalder
Casey R. Johnson
Robert J. Johnson
Myriam Rodriguez
James E. Savage

    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 7 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 30285; 63 FR 54519; 67 FR 68719; 68 FR 2629; 68 FR 
1654; 69 FR 61292; 69 FR 33997; 69 FR 71098; 69 FR 71100; 71 FR 14566; 
71 FR 30227; 71 FR 63379; 72 FR 1053; 72 FR 1050; 72 FR 1054, 72 FR 
5490, 74 FR 980). Each of these 7 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 February 24, 2011.
    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 7 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.


[[Page 4416]]


    Issued on: January 19, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-1484 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.