Qualification of Drivers; Exemption Applications; Vision, 17483-17485 [2011-7252]

Download as PDF Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Notices million miles and tractor-trailer combinations for 35 years accumulating 1.8 million miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Tyler R. Peebles Mr. Peebles, 23, has retinal detachment and traumatic cataract in his left eye due to a traumatic injury to his left eye. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/50. Following an examination in 2010, his optometrist noted, ‘‘I feel Mr. Peebles has adequate vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Peebles reported that he has driven straight trucks for 3 years, accumulating 61,500 miles and tractortrailer combinations for 3 years accumulating 292,500 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes but two convictions for speeding in a CMV. In the first incident, he exceeded the speed limit by 10 miles per hour (MPH), in the second incident, he exceeded the speed limit by 8 MPH. He has another conviction for failure to obey a traffic sign. jlentini on DSKJ8SOYB1PROD with NOTICES Alfredo Reyes Mr. Reyes, 57, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/60. Following an examination in 2010, his optometrist noted, ‘‘I can see no reason why he can not perform the visual tasks necessary to drive any type of vehicle including commerical vehicles.’’ Mr. Reyes reported that he has driven straight trucks for 15 years, accumulating 600,000 miles and tractortrailer combinations for 20 years accumulating 2.1 million miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ronald M. Robinson Mr. Robinson, 60, has monocular vision due to a traumatic injury to his right eye that occurred 40 years ago. The visual acuity in his left eye is 20/20. Following an examination in 2010, his optometrist noted, ‘‘In my opinion, Mr. Robinson has full capability to operate a commerical vehicle provided that it has the standard right and left outsider rearview mirrors.’’ Mr. Robinson reported that he has driven straight trucks 20 years, accumulating 300,000 miles. He holds a Class D operator’s license from Kentucky. His driving VerDate Mar<15>2010 16:37 Mar 28, 2011 Jkt 223001 record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. J. Bernando Rodriguez Mr. Rodriguez, 47, has had strabismic amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/400. Following an examination in 2010, his optometrist noted, ‘‘I. Dr. Edgardo Amaro, certify that in my medical opinion, patient J. Bernardo Rodriguez, has sufficient vision to perform the driving tasks required to operate a commerical vehicle as he has been doing in the past 10 years.’’ Mr. Rodriguez reported that he has driven tractor-trailer combinations 8 years accumulating 800,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Esequiel Rodriguez, Jr. Mr. Rodriguez, 38, has had a macular scar in his right eye since birth. The visual acuity in his right eye is 20/200 and in his left eye, 20/20. Following an examination in 2010, his optometrist noted, ‘‘He is fully capable of operating a commerical vehicle.’’ Mr. Rodriguez reported that he has driven tractortrailer combinations 7 years accumulating 805,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David I. Sosby Mr. Sosby, 60, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2010, his optometrist noted, ‘‘I Renapate, OD, hereby certify David Sosby to be visually able to safely operate a commerical motor vehicle.’’ Mr. Sosby reported that he has driven tractortrailer combinations 30 years accumulating 2.4 million miles. He holds a Class A CDL from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Donald E. Stone Mr. Stone, 54, has optic atrophy in his left eye due to a traumatic injury. The best corrected visual acuity in his right eye is 20/15 and in his left eye, hand motion vision. Following an examination in 2010, his optometrist noted, ‘‘It is my opinion that Mr. Stone has sufficient vision to operate a PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 17483 commerical motor vehicle.’’ Mr. Stone reported that he has driven straight trucks 10 years, accumulating 900,000 miles and tractor-trailer combinations for 17 years accumulating 1.8 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business April 28, 2011. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: March 16, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–7258 Filed 3–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–7918; FMCSA–2002–12844; FMCSA– 2002–13411; FMCSA–2003–14223; FMCSA– 2005–20027; FMCSA–2006–24783; FMCSA– 2006–25246; FMCSA–2006–26066; FMCSA– 2008–0021] 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 SUMMARY: E:\FR\FM\29MRN1.SGM 29MRN1 17484 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Notices 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. This decision is effective April 21, 2011. Comments must be received on or before April 28, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 1998–4334; FMCSA–2000–7918; FMCSA–2002–12844; FMCSA–2002– 13411; FMCSA–2003–14223; FMCSA– 2005–20027; FMCSA–2006–24783; FMCSA–2006–25246; FMCSA–2006– 26066; FMCSA–2008–0021, using any of the following methods: • Federal eRulemaking Portal: Go to http://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 docket number for this notice. Note that DOT posts all comments received without change to http:// 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 http:// 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 jlentini on DSKJ8SOYB1PROD with NOTICES DATES: VerDate Mar<15>2010 16:37 Mar 28, 2011 Jkt 223001 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 http://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: 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. Background 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 (63 FR 66226; 64 FR 16517; 65 FR 66286; 66 FR 13825; 66 FR 17994; 67 FR 68719; 67 FR 76439; 68 FR 10298; 68 FR 10300; 68 FR 10301; 68 FR 15037; 68 FR 19596, 68 FR 2629; 69 FR 71100; 70 FR 14747; 70 FR 16886; 70 FR 16887; 70 FR 2701; 70 FR 7545; 70 FR 7546; 71 FR 32183; 71 FR 41310; 71 FR 63379; 72 FR 180, 72 FR 1050; 72 FR 1053; 72 FR 7111; 72 FR 7812; 72 FR 11425; 72 FR 18726; 72 FR 9397; 73 FR 15567; 73 FR 27015; 73 FR 61925; 73 FR 76440; 74 FR 11991; 74 FR 8302). 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. 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: Rodger B. Anders, William R. Mayfield, William E. Reveal, John D. Bolding, Jr., William R. New, James R. Rieck, Michael P. Curtin, Harry M. Oxendine, Duane L. Riendeau, Jimmy W. Deadwyler, John J. Payne, Richie J. Schwendy, Richard L. Elyard, James R. Petre, Jesse J. Sutton, James K. Holmes, Zeljko Popovac, Janusz Tyrpien, Keith A. Lighthall, Jerald W. Rehnke, Richard A. Westfall. 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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Notices 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 April 28, 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 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. 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: March 21, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–7252 Filed 3–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration jlentini on DSKJ8SOYB1PROD with NOTICES [NHTSA Docket No. NHTSA–2011–0037] Meeting Notice Correction—Federal Interagency Committee on Emergency Medical Services; Correction to Meeting Notice To Clarify Time Zone National Highway Traffic Safety Administration (NHTSA), DOT. AGENCY: VerDate Mar<15>2010 16:37 Mar 28, 2011 Jkt 223001 Title: Federal Interagency Committee on Emergency Medical Service (FICEMS) Teleconference Meeting. ACTION: Meeting Notice Correction— Federal Interagency Committee on Emergency Medical Services; Correction to Meeting Notice to clarify time zone. NHTSA is issuing a correction to its announcement of a teleconference meeting of the Federal Interagency Committee on Emergency Medical Services (FICEMS) to be held as a stakeholder input call-in session to receive input regarding the current and future role of the Federal Government in EMS and options for establishing or designating a Federal lead office for EMS. This notice announces the date and time of the meeting and clarifies the time zone, which will be open to the public, as well as call-in information. DATES: The meeting will be held on Monday, April 11, 2011, from 1:30 p.m. to 3 p.m., EDT. FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, Office of Emergency Medical Services, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., NTI–140, Washington, DC 20590, Telephone number (202) 366–9966; e-mail Drew.Dawson@dot.gov. SUMMARY: The Federal Interagency Committee on Emergency Medical Services (FICEMS) was created by law to help ensure coordination among Federal agencies involved with State, local, tribal, or regional emergency medical services and 9–1–1 systems. As discussed at their December 16, 2010 meeting, FICEMS is assessing the current and future role of the Federal Government in EMS and evaluating the options for establishing or designating a Federal lead office or agency for EMS. The National Security Staff Resilience Directorate has requested that FICEMS engage with stakeholders and develop an options paper by May 15, 2011. FICEMS is interested in any stakeholder input about the role of the Federal Government in the full continuum of emergency medical services and emergency and trauma care for adults and children—including medical 9–1–1 and emergency medical dispatch, prehospital emergency medical services (both ground and air), hospital-based emergency care and trauma care, and medical-related disaster preparedness. With respect to this full continuum of emergency medical services and emergency and trauma care for adults 17485 and children any stakeholder input would be appreciated regarding topics such as: Æ The role of the Federal Government. Æ Activities or functions that should NOT be the role of Federal Government. Æ The role of a Federal lead office for EMS if it were established including the functions/issues it should perform and address. Æ Other comments or suggestions. This meeting of the FICEMS will focus specifically on receiving input from Stakeholders on the above issues. The meeting will be open to the public via telephone. Call-In Information: Members of the public wishing to attend the meeting or provide input to FICEMS should call 1– 877–804–0827 using the meeting ID number 51813069, on Monday, April 11, 2011, from 1:30 p.m. to 3 p.m., EDT. Minutes of the FICEMS meeting will be available to the public online at http://www.ems.gov. Issued on: March 24, 2011. Drew E. Dawson, Director, Office of Emergency Medical Services. [FR Doc. 2011–7305 Filed 3–28–11; 8:45 am] BILLING CODE 4910–59–P SUPPLEMENTARY INFORMATION: PO 00000 Frm 00108 Fmt 4703 Sfmt 9990 DEPARTMENT OF THE TREASURY United States Mint Pricing for America the Beautiful Five Ounce Silver Bullion Coin Presentation Case United States Mint, Department of the Treasury. ACTION: Notice. AGENCY: The United States Mint is announcing the price of the America the Beautiful Five Ounce Silver Bullion Coin Presentation Case. A lot of 25 presentation cases will be offered for sale at a price of $86.95. FOR FURTHER INFORMATION CONTACT: B. B. Craig, Associate Director for Sales and Marketing; United States Mint; 801 9th Street NW.; Washington, DC 20220; or call 202–354–7500. SUMMARY: (Authority: 31 U.S.C. 5111, 5112 & 9701.) Dated: March 23, 2011. Richard A. Peterson, Acting Director, United States Mint. [FR Doc. 2011–7360 Filed 3–28–11; 8:45 am] BILLING CODE 4810–02–P E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17483-17485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7252]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-
2002-13411; FMCSA-2003-14223; FMCSA-2005-20027; FMCSA-2006-24783; 
FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0021]


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

[[Page 17484]]

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 April 21, 2011. Comments must be 
received on or before April 28, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: FMCSA-1998-4334; FMCSA-2000-7918; 
FMCSA-2002-12844; FMCSA-2002-13411; FMCSA-2003-14223; FMCSA-2005-20027; 
FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0021, 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://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 
docket number for this notice. Note that DOT posts all comments 
received without change to http://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 http://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 
http://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:
    Rodger B. Anders, William R. Mayfield, William E. Reveal, John D. 
Bolding, Jr., William R. New, James R. Rieck, Michael P. Curtin, Harry 
M. Oxendine, Duane L. Riendeau, Jimmy W. Deadwyler, John J. Payne, 
Richie J. Schwendy, Richard L. Elyard, James R. Petre, Jesse J. Sutton, 
James K. Holmes, Zeljko Popovac, Janusz Tyrpien, Keith A. Lighthall, 
Jerald W. Rehnke, Richard A. Westfall.
    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 (63 FR 66226; 64 FR 16517; 65 FR 66286; 66 FR 13825; 66 FR 
17994; 67 FR 68719; 67 FR 76439; 68 FR 10298; 68 FR 10300; 68 FR 10301; 
68 FR 15037; 68 FR 19596, 68 FR 2629; 69 FR 71100; 70 FR 14747; 70 FR 
16886; 70 FR 16887; 70 FR 2701; 70 FR 7545; 70 FR 7546; 71 FR 32183; 71 
FR 41310; 71 FR 63379; 72 FR 180, 72 FR 1050; 72 FR 1053; 72 FR 7111; 
72 FR 7812; 72 FR 11425; 72 FR 18726; 72 FR 9397; 73 FR 15567; 73 FR 
27015; 73 FR 61925; 73 FR 76440; 74 FR 11991; 74 FR 8302). 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

[[Page 17485]]

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 April 28, 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 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. 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: March 21, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-7252 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-EX-P