Qualification of Drivers; Exemption Applications; Vision, 29026-29028 [2011-12350]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES 29026 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Notices deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors—such as age, sex, geographic location, mileage driven and conviction history—are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ‘‘Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,’’ Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 16 applicants, two of the applicants were convicted for moving violations and one of the applicants was involved in a crash. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants’ ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants’ intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and VerDate Mar<15>2010 15:54 May 18, 2011 Jkt 223001 driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision standard in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 16 applicants listed in the notice of April 5, 2011 (76 FR 18824). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 16 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined 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 provide 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, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. The Delaware Division of Motor Vehicles is in favor of granting a Federal vision exemption to Halman Smith, they indicated that they have reviewed the driving histories of this applicant and have no objections to FMCSA granting him a vision exemption. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 Conclusion Based upon its evaluation of the 16 exemption applications, FMCSA exempts, Melvin T. Ayer, Luis A. Bejarono, Richard T. Berendt, James O. Cook, Timothy J. Curran, Alfred D. Hewitt, Mark A. Kleinow, Luke R. Lafley, Kevin R. Lambert, James P. Lanigan, Nusret Odzakovic, Scott W. Schilling, Randy E. Sims, Halman Smith, Robert D. Smith and Richard D. Williams from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each 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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: May 12, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–12349 Filed 5–18–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7918; FMCSA– 2002–13411; FMCSA–2003–14504; FMCSA– 2008–0231; FMCSA–2008–0398] 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 18 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 SUMMARY: E:\FR\FM\19MYN1.SGM 19MYN1 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Notices commercial motor vehicle (CMV) drivers. This decision is effective June 4, 2011. Comments must be received on or before June 20, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 2000–7918; FMCSA–2002–13411; FMCSA–2003–14504; FMCSA–2008– 0231; FMCSA–2008–0398, 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 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. jlentini on DSK4TPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 15:54 May 18, 2011 Jkt 223001 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 FURTHER INFORMATION CONTACT: 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 18 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 18 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Rickie L. Boone Michael C. Boyne Timothy H. DuBois Alf M. Gronstedt Dennis K. Harris Donald E. Howell Tommy T. Hudson William D. Johnson Phillip L. Mangen Tommy R. Masterson Clarence M. Miles Steven M. Montalbo Jeremy L. Perry Vincent Rubino Randy G. Spilman Wyatt W. Thayer, Jr. Thomas S. Thompson Robert A. Wegner 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 00080 Fmt 4703 Sfmt 4703 29027 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 18 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 66286; 66 FR 13825; 67 FR 76439; 68 FR 10298; 68 FR 13360; 68 FR 19598; 68 FR 33570; 70 FR 25878; 72 FR 28093; 73 FR 46973; 73 FR 54888; 74 FR 7097, 74 FR 15584; 74 FR 20253). Each of these 18 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 June 20, 2011. E:\FR\FM\19MYN1.SGM 19MYN1 29028 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Notices 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 18 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. Application No. Docket No. [FR Doc. 2011–12350 Filed 5–18–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Notice of Applications for Modification of Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of Applications for Modification of Special Permits. AGENCY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, SUMMARY: 10698–M ...... 11924–M ...... 14457–M ...... 15097–M ...... Issued in Washington, DC, on May 11, 2011. Donald Burger, Chief, Special Permits and Approvals Branch. Modification of Special Permits Applicant Regulation(s) affected Nature of special permit thereof 49 CFR 173.302 ............... To modify the special permit to authorize an additional material in the construction of non-DOT specification cylinders. To modify the special permit to authorize additional Division 2.2 materials. To modify the special permit to authorize an additional non-bulk packaging. To modify the special permit to extend the external visual inspection to every five (5) years. 49 CFR 173.304(a)(2); 178.50. 49 CFR 173.12(b)(2)(i) ..... 49 CFR 173.304a(a)(1) ..... 49 CFR 173.56 ................. BILLING CODE 4909–60–M List of Applications for Special Permits. DEPARTMENT OF TRANSPORTATION ACTION: SUMMARY: Notice of Application for Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: 15:54 May 18, 2011 To reissue the special permit originally issued on an emergency basis for the transportation of unapproved fireworks to the CPSC laboratory in Gaithersburg, MD for testing. Pipeline and Hazardous Materials Safety Administration [FR Doc. 2011–12147 Filed 5–18–11; 8:45 am] VerDate Mar<15>2010 additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ‘‘M’’ denote a modification request. These applications have been separated from the new application for special permits to facilitate processing. DATES: Comments must be received on or before June 3, 2011. ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue, SE., Washington, DC or at https:// www.regulations.gov. This notice of receipt of applications for modification of special permits is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Schlumberger Technologies Corporation, Sugar Land, TX. Worthington Cylinders, Chilton, WI. Packgen Corporation, Auburn, ME. Amtrol Alfa Metalomecanica SA, Portugal. U.S. Consumer Product Safety Commission, Denver, CO. 10646–M ...... jlentini on DSK4TPTVN1PROD with NOTICES Issued on: May 12, 2011. Larry W. Minor, Associate Administrator for Policy. Jkt 223001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Pages 29026-29028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12350]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-
2008-0231; FMCSA-2008-0398]


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 
18 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

[[Page 29027]]

commercial motor vehicle (CMV) drivers.

DATES: This decision is effective June 4, 2011. Comments must be 
received on or before June 20, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: FMCSA-2000-7918; FMCSA-2002-13411; 
FMCSA-2003-14504; FMCSA-2008-0231; FMCSA-2008-0398, 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 
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 18 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 18 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Rickie L. Boone
Michael C. Boyne
Timothy H. DuBois
Alf M. Gronstedt
Dennis K. Harris
Donald E. Howell
Tommy T. Hudson
William D. Johnson
Phillip L. Mangen
Tommy R. Masterson
Clarence M. Miles
Steven M. Montalbo
Jeremy L. Perry
Vincent Rubino
Randy G. Spilman
Wyatt W. Thayer, Jr.
Thomas S. Thompson
Robert A. Wegner

    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 18 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (65 FR 66286; 66 FR 13825; 67 FR 76439; 68 FR 10298; 68 FR 
13360; 68 FR 19598; 68 FR 33570; 70 FR 25878; 72 FR 28093; 73 FR 46973; 
73 FR 54888; 74 FR 7097, 74 FR 15584; 74 FR 20253). Each of these 18 
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 June 20, 2011.

[[Page 29028]]

    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 18 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: May 12, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-12350 Filed 5-18-11; 8:45 am]
BILLING CODE 4910-EX-P
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