Qualification of Drivers; Exemption Applications; Vision, 7234-7236 [2012-3081]
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7234
Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Notices
Exemption Decision
This notice addresses 14 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
14 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Lee A. Burke (WI)
Barton C. Caldara (WI)
Allan Darley (UT)
Robin S. England (GA)
Richard Hailey, Jr. (DC)
Roger V. Hodges (IL)
Donald W. Holt (MA)
George R. Knavel (UT)
John R. Knott, III (MD)
Timothy S. Miller (AZ)
Edward D. Pickle (GA)
Ezequiel M. Ramirez (TX)
Robert L. Thies (IN)
James T. Wortham, Jr. (GA)
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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The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.
srobinson on DSK4SPTVN1PROD with NOTICES
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 14 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
VerDate Mar<15>2010
21:29 Feb 09, 2012
Jkt 226001
requirements (68 FR 61857; 68 FR
74699; 68 FR 75715; 69 FR 10503; 69 FR
12536; 70 FR 57353; 70 FR 72689; 71 FR
644; 71 FR 6829; 72 FR 39879; 72 FR
52419; 72 FR 58362; 72 FR 62897; 72 FR
67344; 73 FR 8392; 74 FR 64124; 74 FR
65845; 75 FR 8184). Each of these 14
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
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 March 12,
2012.
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 14
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
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
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: January 31, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–3080 Filed 2–9–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5748; FMCSA–
1999–6156; FMCSA–2009–0291]
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 5
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 March
7, 2012. Comments must be received on
or before March 12, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: FMCSA–
1999–5748; FMCSA–1999–6156;
FMCSA–2009–0291, 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.
DATES:
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Notices
• 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:
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:
srobinson on DSK4SPTVN1PROD with NOTICES
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
VerDate Mar<15>2010
21:29 Feb 09, 2012
Jkt 226001
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 5 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
5 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Harry R. Littlejohn (LA)
Dennis J. Lessard (IN)
Robert J. Townsley (VA)
Jeffrey G. Wuensch (WI)
Jeffery T. Zuniga (CT)
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 provides 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 5 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR
54948; 64 FR 66962; 65 FR 159; 67 FR
10475; 69 FR 8260; 71 FR 6824; 73 FR
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
7235
7360; 74 FR 65842; 75 FR 8183; 75 FR
9478). Each of these 5 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
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 March 12,
2012.
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 5
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
E:\FR\FM\10FEN1.SGM
10FEN1
7236
Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Notices
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: January 31, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–3081 Filed 2–9–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Information Collection Activities
AGENCY:
Surface Transportation Board,
DOT.
Notice and Request for
Comments.
ACTION:
As required by the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3519 (PRA), the Surface Transportation
Board (STB or Board) gives notice of its
intent to seek from the Office of
Management and Budget (OMB)
approval of the information collections
required under 49 U.S.C. 10904–05 and
10907, and 16 U.S.C. 1247(d). Under
these statutory provisions, the Board
administers programs designed to
preserve railroad service or rail rightsof-way. When a line is proposed for
abandonment, affected shippers,
communities, or other interested
persons may seek to preserve rail
service by filing with the Board: an offer
of financial assistance (OFA) to
subsidize or purchase a rail line for
which a railroad is seeking
abandonment (49 U.S.C. 10904),
including a request for the Board to set
terms and conditions of the financial
assistance; a request for a public use
condition (§ 10905); or a trail-use
request (16 U.S.C. 1247(d)). Similarly,
SUMMARY:
when a line is placed on a system
diagram map identifying it as an
anticipated or potential candidate for
abandonment, affected shippers,
communities, or other interested
persons may seek to preserve rail
service by filing with the Board a feeder
line application to purchase the
identified rail line (§ 10907).
Additionally, the railroad owning the
rail line subject to abandonment must,
in some circumstances, provide
information to the applicant or offeror.
The relevant information collections are
described in more detail below.
Comments are requested concerning:
(1) The accuracy of the Board’s burden
estimates; (2) ways to enhance the
quality, utility, and clarity of the
information collected; (3) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology when
appropriate; and (4) whether the
collection of information is necessary
for the proper performance of the
functions of the Board, including
whether the collection has practical
utility. Submitted comments will be
summarized and included in the
Board’s Request For OMB Approval.
Description of Collections
Title: Statutory Authority to Preserve
Rail Service.
OMB Control Number: 2140–00XX.
STB Form Number: None.
Type of Review: Existing collections
in use without an OMB control number.
Respondents: Affected shippers,
communities, or other interested
persons seeking to preserve rail service
over rail lines that are proposed or
identified for abandonment, and
railroads that are required to provide
information to the offeror or applicant.
Number of Respondents: 60
(including informational filings required
of railroads).
Frequency: On occasion.
TABLE—NUMBER OF YEARLY
RESPONSES
Number of
filings
Type of filing
Offer of Financial Assistance ...
OFA—Railroad Reply to Request for Information .............
OFA—Request to Set Terms
and Conditions ......................
Request for Public Use Condition ........................................
Feeder Line Application ............
Trail-Use Request .....................
3
3
1
9
1
39
Total Burden Hours (annually
including all respondents): 374 hours
(sum total of estimated hours per
response X number of responses for
each type of filing).
TABLE—ESTIMATED HOURS PER
RESPONSE
Number of
hours per
response
Type of filing
Offer of Financial Assistance ...
OFA—Railroad Reply to Request for Information .............
OFA—Request to Set Terms
and Conditions ......................
Request for Public Use Condition ........................................
Feeder Line Application ............
Trail-Use Request .....................
32
10
4
2
70
4
Total ‘‘Non-hour Burden’’ Cost (such
as filing fees): $41,980 (sum of estimated
‘‘non-hour burden’’ cost per response X
number of responses for each statutory
section and type of filing).
TABLE—ESTIMATED ‘‘NON-HOUR BURDEN’’ COST PER RESPONSE
Type of filing
Filing costs
Other costs
Total costs
$1,500
0
23,100
0
2,600
250
$90
30
30
30
200
30
$1,590
30
23,130
30
2,800
280
srobinson on DSK4SPTVN1PROD with NOTICES
Offer of Financial Assistance ...................................................................................................................
OFA—Railroad Reply to Request for Information ...................................................................................
OFA—Request to Set Terms and Conditions .........................................................................................
Public Use Request .................................................................................................................................
Feeder Line Application ...........................................................................................................................
Trail-Use Request ....................................................................................................................................
Needs and Uses: Under the Interstate
Commerce Act, Public Law 104–88, 109
Stat. 803 (1995), and Section 8(d) of the
National Trails System Act, 16 U.S.C.
1247(d) (Trails Act), persons seeking to
preserve rail service may file pleadings
VerDate Mar<15>2010
21:29 Feb 09, 2012
Jkt 226001
before the Board to acquire or subsidize
a rail line for continued service, or to
impose a trail use or public use
condition. Under 49 U.S.C. 10904, the
filing of an OFA starts a process of
negotiations to define the financial
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
assistance needed to purchase or
subsidize the rail line sought for
abandonment. Once the OFA is filed,
the offeror may request additional
information from the railroad, which the
railroad must provide. If the parties
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7234-7236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3081]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2009-0291]
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
5 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 March 7, 2012. Comments must be
received on or before March 12, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-1999-5748; FMCSA-1999-6156;
FMCSA-2009-0291, 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.
[[Page 7235]]
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: 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 5 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 5 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Harry R. Littlejohn (LA)
Dennis J. Lessard (IN)
Robert J. Townsley (VA)
Jeffrey G. Wuensch (WI)
Jeffery T. Zuniga (CT)
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 provides 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 5 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR 54948; 64 FR 66962; 65 FR 159; 67 FR
10475; 69 FR 8260; 71 FR 6824; 73 FR 7360; 74 FR 65842; 75 FR 8183; 75
FR 9478). Each of these 5 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 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 March 12, 2012.
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 5 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
[[Page 7236]]
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: January 31, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-3081 Filed 2-9-12; 8:45 am]
BILLING CODE 4910-EX-P