Qualification of Drivers; Exemption Applications; Vision, 32017-32019 [2011-13616]
Download as PDF
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
emcdonald on DSK2BSOYB1PROD with NOTICES
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:
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
Background
exemption may be granted for no longer
than two years from its approval date
Under 49 U.S.C. 31136(e) and 31315,
and may be renewed upon application
FMCSA may renew an exemption from
for additional two year periods. In
the vision requirements in 49 CFR
accordance with 49 U.S.C. 31136(e) and
391.41(b)(10), which applies to drivers
31315, each of the 18 applicants has
of CMVs in interstate commerce, for a
satisfied the entry conditions for
two-year period if it finds ‘‘such
obtaining an exemption from the vision
exemption would likely achieve a level
requirements (71 FR 5105; 71 FR 19600;
of safety that is equivalent to, or greater
72 FR 180; 72 FR 9397; 73 FR 35194; 73
than, the level that would be achieved
absent such exemption.’’ The procedures FR 48272; 73 FR 52456; 74 FR 19267,
74 FR 20523; 74 FR 28094). Each of
for requesting an exemption (including
renewals) are set out in 49 CFR part 381. these 18 applicants has requested
renewal of the exemption and has
Exemption Decision
submitted evidence showing that the
This notice addresses 18 individuals
vision in the better eye continues to
who have requested renewal of their
meet the standard specified at 49 CFR
exemptions in accordance with FMCSA 391.41(b)(10) and that the vision
procedures. FMCSA has evaluated these impairment is stable. In addition, a
18 applications for renewal on their
review of each record of safety while
merits and decided to extend each
driving with the respective vision
exemption for a renewable two-year
deficiencies over the past two years
period. They are:
indicates each applicant continues to
Michael D. Abel, Donald Bostic, Jr.,
meet the vision exemption standards.
Andre G. Burns, Paul M. Christina,
These factors provide an adequate basis
Kenneth W. Dunn, Thomas F. Ethier,
for predicting each driver’s ability to
Edward J. Grant, Johnny K. Hiatt,
continue to drive safely in interstate
Richard S. Hoffman, Bruce McCabe,
commerce. Therefore, FMCSA
Jeffrey M. Mueller, George M. Nelson,
concludes that extending the exemption
Joseph E. Pfaff, Cecil R. Rhodes, Jerry G. for each renewal applicant for a period
Sexton, Mikiel J. Wagner, Christopher
of two years is likely to achieve a level
A. Weidner, Paul A. Wolfe.
of safety equal to that existing without
The exemptions are extended subject
the exemption.
to the following conditions: (1) That
Request for Comments
each individual has a physical
examination every year (a) by an
FMCSA will review comments
ophthalmologist or optometrist who
received at any time concerning a
attests that the vision in the better eye
particular driver’s safety record and
continues to meet the standard in 49
determine if the continuation of the
CFR 391.41(b)(10), and (b) by a medical
exemption is consistent with the
examiner who attests that the individual requirements at 49 U.S.C. 31136(e) and
is otherwise physically qualified under
31315. However, FMCSA requests that
49 CFR 391.41; (2) that each individual
interested parties with specific data
provides a copy of the ophthalmologist’s concerning the safety records of these
or optometrist’s report to the medical
drivers submit comments by July 5,
examiner at the time of the annual
2011.
FMCSA believes that the
medical examination; and (3) that each
individual provide a copy of the annual requirements for a renewal of an
medical certification to the employer for exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
retention in the driver’s qualification
granting the renewal and then
file and retains a copy of the
requesting and evaluating, if needed,
certification on his/her person while
subsequent comments submitted by
driving for presentation to a duly
interested parties. As indicated above,
authorized Federal, State, or local
the Agency previously published
enforcement official. Each exemption
notices of final disposition announcing
will be valid for two years unless
its decision to exempt these 18
rescinded earlier by FMCSA. The
individuals from the vision requirement
exemption will be rescinded if: (1) The
in 49 CFR 391.41(b)(10). The final
person fails to comply with the terms
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
32017
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
otherwiseshow 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 20, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–13617 Filed 6–1–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5578; FMCSA–
2003–14504; FMCSA–2005–20560; FMCSA–
2006–26066; FMCSA–2007–27515]
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
commercial motor vehicle (CMV)
drivers.
SUMMARY:
This decision is effective June
13, 2011. Comments must be received
on or before July 5, 2011.
DATES:
E:\FR\FM\02JNN1.SGM
02JNN1
32018
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: FMCSA–
1999–5578; FMCSA–2003–14504;
FMCSA–2005–20560; FMCSA–2006–
26066; FMCSA–2007–27515, 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.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202)-366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
emcdonald on DSK2BSOYB1PROD with NOTICES
ADDRESSES:
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
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:
Roosevelt Bell, Jr., David K. Boswell,
Melvin M. Carter, Bernabe V. Cerda,
Michael S. Crawford, Rex A. Dyer,
Patrick J. Goebel, Thomas A. Gotto,
Wilbur J. Johnson, Larry L. Morseman,
Kenneth C. Reeves, Charles Junior
Rowsey, James A. Strickland, Dustin N.
Sullivan, Thomas E. Summers, Jr., Jon
C. Thompson, Daniel E. Watkins,
Tommy N. Whitworth.
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
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
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 (64 FR 27027; 64 FR
51568; 66 FR 48504; 68 FR 19598; 68 FR
33570; 70 FR 17504; 70 FR 25878; 70 FR
30997; 71 FR 63379; 72 FR 1050; 72 FR
21313; 72 FR 27624; 72 FR 28093; 72 FR
32703; 74 FR 15586; 74 FR 23472). 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 July 5,
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 18
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
E:\FR\FM\02JNN1.SGM
02JNN1
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
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 20, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–13616 Filed 6–1–11; 8:45 am]
BILLING CODE 4910–EX–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 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 March
17, 2011, and comments were due by
May 16, 2011. No comments were
received.
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
5642; or e-mail: derosam@usmma.edu.
Copies of this collection also can be
obtained from that office.
Maritime
Administration (MARAD).
Title: U.S. Merchant Marine Academy
Candidate Application for Admission.
OMB Control Number: 2133–0010.
Type Of Request: Extension of
currently approved collection.
Affected Public: Individuals desiring
to become students at the U.S. Merchant
Marine Academy.
Forms: KP 2–65.
Abstract: The collection consists of
Parts I, II, and III of Form KP 2–65 (U.S.
Merchant Marine Academy Candidate
Application). Part I of the form is
completed by individuals wishing to be
admitted as students to the U.S.
Merchant Marine Academy.
Annual Estimated Burden Hours:
12,500 hours.
Addresses: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention
MARAD Desk Officer.
Comments Are Invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication.
SUPPLEMENTARY INFORMATION:
Authority: 49 CFR 1.66.
By Order of the Maritime Administrator.
Dated: May 24, 2011.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. 2011–13690 Filed 6–1–11; 8:45 am]
BILLING CODE 4910–81–P
Comments must be submitted on
or before July 5, 2011.
FOR FURTHER INFORMATION CONTACT:
Cmdr Michael DeRosa, Maritime
Administration, U.S. Merchant Marine
Academy, 300 Steamboat Road, New
York, NY 11024. Telephone: 516–726–
DATES:
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
32019
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2011–0062; Notice 1]
Notice of Receipt of Petition for
Decision That Nonconforming 2008–
2010 M&V GmbH Siegmar Fzb Trailers
Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2008–2010
M&V GmbH Siegmar Fzb trailers are
eligible for importation.
AGENCY:
This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2008–2010
M&V GmbH Siegmar Fzb trailers that
were not originally manufactured to
comply with all applicable Federal
Motor Vehicle Safety Standards
(FMVSS) are eligible for importation
into the United States because they have
safety features that comply with, or are
capable of being altered to comply with,
all such standards.
DATES: The closing date for comments
on the petition is July 5, 2011.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
SUMMARY:
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 32017-32019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13616]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5578; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-
2006-26066; FMCSA-2007-27515]
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 commercial motor vehicle (CMV) drivers.
DATES: This decision is effective June 13, 2011. Comments must be
received on or before July 5, 2011.
[[Page 32018]]
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-1999-5578; FMCSA-2003-14504;
FMCSA-2005-20560; FMCSA-2006-26066; FMCSA-2007-27515, 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:
Roosevelt Bell, Jr., David K. Boswell, Melvin M. Carter, Bernabe V.
Cerda, Michael S. Crawford, Rex A. Dyer, Patrick J. Goebel, Thomas A.
Gotto, Wilbur J. Johnson, Larry L. Morseman, Kenneth C. Reeves, Charles
Junior Rowsey, James A. Strickland, Dustin N. Sullivan, Thomas E.
Summers, Jr., Jon C. Thompson, Daniel E. Watkins, Tommy N. Whitworth.
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 (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 19598; 68 FR
33570; 70 FR 17504; 70 FR 25878; 70 FR 30997; 71 FR 63379; 72 FR 1050;
72 FR 21313; 72 FR 27624; 72 FR 28093; 72 FR 32703; 74 FR 15586; 74 FR
23472). 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 July 5, 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 18 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final
[[Page 32019]]
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 20, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-13616 Filed 6-1-11; 8:45 am]
BILLING CODE 4910-EX-P