Qualification of Drivers; Exemption Applications; Vision, 70210-70212 [2011-29161]
Download as PDF
70210
Federal Register / Vol. 76, No. 218 / Thursday, November 10, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
procedures for grantees that submit and
receive payments from DOT Operating
Administrations (OAs).1 DOT is
updating systems that support grant
payments and there will be changes to
the way grantees complete and submit
payment requests. Simplifying the DOT
grant payment process will save both
the grantee and the Federal Government
time and expense that come with paperbased grant application and payment
administration. Note: At this time, this
requirement is not applicable to DOT
grant recipients requesting payment
electronically through the National
Highway Traffic Safety Administration’s
Grant Tracking System (GTS), the
Federal Highway Administration’s
Rapid Approval State Payment System
(RASPS), or Federal Transit
Administration (FTA) grant recipients
requesting payment through the
Electronic Clearing House Operation
System (ECHO–Web).
DATES: Comments must be submitted on
or before January 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to US Department of
Transportation, Office of Financial
Management, B–30, room W93–431,
1200 New Jersey Avenue SE.,
Washington DC 20590–0001, (202) 366–
1306, DOTElectronicInvoicing@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Notice of Requirements and
Procedures for Grant Payment Request
Submission.
OMB Control Number: XXXX–XXXX.
Type of Request: New information
collection.
Background: This notice sets forth
requirements and procedures for
grantees that receive payments from
DOT OAs, with the exception of DOT
grant recipients requesting payment
electronically through the NHTSA’s
GTS, the FHWA’s RASPS, or FTA grant
recipients requesting payment through
the ECHO–Web. The proposed
procedures provide that—
• Grantees will now be required to
have electronic internet access to
register in the Delphi eInvoicing system.
• Grantees will be required to submit
payment requests electronically and
1 The DOT OAs are: Office of the Secretary of
Transportation (OST), Federal Aviation
Administration (FAA), Federal Highway
Administration (FHWA), Federal Motor Carrier
Safety Administration (FMCSA), Federal Railroad
Administration (FRA), Federal Transit
Administration (FTA), Maritime Administration
(MARAD), National Highway Traffic Safety
Administration (NHTSA), Office of Inspector
General (OIG), Pipeline and Hazardous Materials
Safety Administration (PHMSA), Research and
Innovative Technology Administration (RITA),
Saint Lawrence Seaway Development Corporation
(SLSDC) and Surface Transportation Board (STB).
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16:38 Nov 09, 2011
Jkt 226001
DOT OAs must process payment
requests electronically.
• The identities of system users must
be verified prior to receiving access to
the Delphi eInvoicing system. Users
must complete a user request form and
provide the following information: Full
name, work address, work phone
number, work email address, home
address and home phone number. Once
completed, this form must be presented
to a Notary Public for verification. Once
notarized, the prospective grantee user
will return the form to receive their
login credentials.
• DOT Office of Financial
Management officials may allow
exceptions to the requirement that
grantees register and submit payment
requests through the Delphi eInvoicing
system under limited circumstances.
Recipients may apply for an exemption
by submitting an electronic Waiver
Request Form to the DOT Office of
Financial Management. The exceptions
will be considered on a case by case
basis via Waiver Request Form.
Affected Public: DOT Grant
Recipients.
Estimated Number of Respondents:
11,000.
Estimated Number of Responses:
11,000.
Annual Estimated Total Annual
Burden Hours: 22,000 (initial
registration only).
Frequency of Collection: One time.
Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
U.S. Department of Transportation,
Office of Financial Management, B–30,
Room W93–431, 1200 New Jersey
Avenue SE., Washington DC 20590–
0001, (202) 366–1306,
DOTElectronicInvoicing@dot.gov.
Comments: Comments are invited on:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Department, including whether the
information will have practical utility;
the accuracy of the Department’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.
ADDRESSES:
Issued in Washington, DC, on November 1,
2011.
David Rivait.
Deputy Chief Financial Officer, Department
of Transportation.
[FR Doc. 2011–28747 Filed 11–9–11; 8:45 am]
BILLING CODE 4910–9X–P
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Notice of Applications for Certificates
of Public Convenience and Necessity
and Foreign Air Carrier Permits Filed
Under Subpart B (Formerly Subpart Q)
During the Week Ending October 22,
2011
The following Applications for
Certificates of Public Convenience and
Necessity and Foreign Air Carrier
Permits were filed under Subpart B
(formerly Subpart Q) of the Department
of Transportation’s Procedural
Regulations (See 14 CFR 301.201 et
seq.). The due date for Answers,
Conforming Applications, or Motions to
Modify Scope are set forth below for
each application. Following the Answer
period DOT may process the application
by expedited procedures. Such
procedures may consist of the adoption
of a show-cause order, a tentative order,
or in appropriate cases a final order
without further proceedings.
Docket Number: DOT–OST–2011–
0193.
Date Filed: October 21, 2011.
Due Date for Answers, Conforming
Applications, or Motion to Modify
Scope: November 14, 2011.
Description: Application of GoJet
Airlines, LLC (‘‘GOJET’’) requesting an
amendment to its certificate authority,
to wit a removal of the restriction on the
total number of aircraft GOJET can
operate and/or an increase in the
number by fifteen (15) aircraft.
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. 2011–29123 Filed 11–9–11; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2001–9561; FMCSA–
2002–13411; FMCSA–2005–22194; FMCSA–
2007–27897; FMCSA–2007–28695; FMCSA–
2009–0206]
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
SUMMARY:
E:\FR\FM\10NON1.SGM
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Federal Register / Vol. 76, No. 218 / Thursday, November 10, 2011 / Notices
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.
This decision is effective
December 6, 2011. Comments must be
received on or before December 12,
2011.
DATES:
You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: FMCSA–
2001–9561; FMCSA–2002–13411;
FMCSA–2005–22194; FMCSA–2007–
27897; FMCSA–2007–28695; FMCSA–
2009–0206, 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
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.
jlentini on DSK4TPTVN1PROD with NOTICES
ADDRESSES:
VerDate Mar<15>2010
16:38 Nov 09, 2011
Jkt 226001
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:
Elaine M. Papp, Chief, Medical
Programs Division, (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:
Donald R. Beauchesne
John E. Bell
Henry L Chastain
Thomas R. Crocker
Steven C. Durst
Clinton D. Edwards
Gerald W. Fox
Richard L. Gandee
John L. Hynes
Richard H. Kind
Jason E. Mallette
Thomas C. Meadows
David A. Morris
Leigh E. Moseman
Ronald F. Prezzia
Richard P. Stanley
Paul D. Stoddard
Scott A. Tetter
The exemptions are extended subject
to the following conditions: (1) That
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70211
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 requirements 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 (66 FR 30502; 66 FR
41654; 67 FR 76439; 68 FR 10298; 70 FR
41811; 70 FR 57353; 70 FR 72689; 72 FR
39879; 72 FR 40362; 72 FR 46261; 72 FR
52419; 72 FR 54972; 72 FR 62897; 74 FR
43217; 74 FR 49069; 74 FR 57551; 74 FR
60021). 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 requirement 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
requirements. 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
E:\FR\FM\10NON1.SGM
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70212
Federal Register / Vol. 76, No. 218 / Thursday, November 10, 2011 / Notices
equal to that existing without the
exemption.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
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 December
12, 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
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.
jlentini on DSK4TPTVN1PROD with NOTICES
Issued on: October 28, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–29161 Filed 11–9–11; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Mar<15>2010
16:38 Nov 09, 2011
Jkt 226001
[Docket No. FMCSA–1999–5578; FMCSA–
2004–19477; FMCSA–2005–21711; FMCSA–
2007–27897; FMCSA–2007–29019; FMCSA–
2009–0154]
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 24
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
November 28, 2011. Comments must be
received on or before December 12,
2011.
DATES:
You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: FMCSA–
1999–5578; FMCSA–2004–19477;
FMCSA–2005–21711; FMCSA–2007–
27897; FMCSA–2007–29019; FMCSA–
2009–0154, 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
ADDRESSES:
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
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:
Elaine M. Papp, Chief, Medical
Programs Division, (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 24 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
24 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
E:\FR\FM\10NON1.SGM
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Agencies
[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70210-70212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29161]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2005-22194; FMCSA-
2007-27897; FMCSA-2007-28695; FMCSA-2009-0206]
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
[[Page 70211]]
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 December 6, 2011. Comments must be
received on or before December 12, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-2001-9561; FMCSA-2002-13411;
FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2009-0206,
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 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: Elaine M. Papp, Chief, Medical
Programs Division, (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:
Donald R. Beauchesne
John E. Bell
Henry L Chastain
Thomas R. Crocker
Steven C. Durst
Clinton D. Edwards
Gerald W. Fox
Richard L. Gandee
John L. Hynes
Richard H. Kind
Jason E. Mallette
Thomas C. Meadows
David A. Morris
Leigh E. Moseman
Ronald F. Prezzia
Richard P. Stanley
Paul D. Stoddard
Scott A. Tetter
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 requirements 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 (66 FR 30502; 66 FR 41654; 67 FR 76439; 68 FR 10298; 70 FR
41811; 70 FR 57353; 70 FR 72689; 72 FR 39879; 72 FR 40362; 72 FR 46261;
72 FR 52419; 72 FR 54972; 72 FR 62897; 74 FR 43217; 74 FR 49069; 74 FR
57551; 74 FR 60021). 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 requirement 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 requirements. 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
[[Page 70212]]
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 December 12, 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 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: October 28, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-29161 Filed 11-9-11; 8:45 am]
BILLING CODE 4910-EX-P