Qualification of Drivers; Exemption Applications; Vision, 26816-26818 [2012-10929]

Download as PDF 26816 Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Notices Time and Dates: The meetings will be held on Monday–Tuesday, May 21–22, 2012, from 8:30 a.m. to 5 p.m., Eastern Daylight Time (E.D.T.), and on Wednesday, May 23, 2012, from 8:30 a.m. to 3:00 p.m., E.D.T. The meetings will be held at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA 22314 in the Washington and Jefferson Rooms on the 2nd floor. The Hilton Alexandria Old Town is located across the street from the King Street Metro station. Copies of all MCSAC Task Statements and an agenda for the entire meeting will be made available in advance of the meeting at http://mcsac.fmcsa.dot.gov. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 385–2395, mcsac@dot.gov. DATES: Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Elizabeth Turner at (617) 494–2068, elizabeth.turner@dot.gov, by Wednesday, May 9, 2012. SUPPLEMENTARY INFORMATION: I. Background sroberts on DSK5SPTVN1PROD with NOTICES MCSAC Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU, Pub. L. 109–59, 119 Stat. 1144, August 10, 2005) required the Secretary of Transportation to establish the MCSAC. The MCSAC provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and regulations, and operates in accordance with the Federal Advisory Committee Act (FACA, 5 U.S.C. App 2). Recommendations of the National Transportation Safety Board (NTSB) At this meeting, the MCSAC will hear presentations and deliberate on Task 12–02, soliciting ideas, concepts, and suggestions for alternative strategies the Agency could pursue to address certain NTSB recommendations that are classified as ‘‘Open-Unacceptable.’’ Specifically, the Agency will focus its efforts and seek strategies to address 11 such recommendations, which relate to such issues as measuring tire pressure, inspection procedures for drivers and carriers, and ensuring that vehicles VerDate Mar<15>2010 18:11 May 04, 2012 Jkt 226001 operated by motor carriers comply with the Federal Motor Vehicle Safety Standards (FMVSS) in effect on the date the vehicle was manufactured. These recommendations are as follows: H–05– 003—005; H–08–013; H–09–019—020; and H–09–037—041. Long-Haul Cross Border Trucking Pilot Program Task During the MCSAC’s March 2011 meeting, FMCSA tasked the Committee with designating a subcommittee to provide independent monitoring for the program (MCSAC Task 11–03). The subcommittee will continue its work from previous meetings. Hours-of-Service (HOS) for Drivers of Passenger-Carrying CMVs The MCSAC subcommittee will continue its consideration of Task 11– 06, concerning ideas and concepts the Agency should consider in deciding whether to initiate a rulemaking to amend or revise the HOS requirements for drivers of passenger-carrying CMVs. II. Meeting Participation Oral comments from the public will be heard during the last half-hour of the meetings on Monday and Tuesday and during the last 15 minutes of the meeting on Thursday. Should all public comments be exhausted prior to the end of the specified period, the comment period will close. Members of the public may submit written comments on the topics to be considered during the meeting by Wednesday, May 16, 2012, to Federal Docket Management System (FDMC) Docket Number FMCSA–2006– 26367 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12–140, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays. Issued on: May 1, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–10932 Filed 5–4–12; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6156; FMCSA– 1999–6480; FMCSA–2001–11426; FMCSA– 2005–22727; FMCSA–2005–23099; FMCSA– 2005–23238; FMCSA–2006–24015; FMCSA– 2007–0071; FMCSA–2008–0021] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 16 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 May 25, 2012. Comments must be received on or before June 6, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 1999–6156; FMCSA–1999–6480; FMCSA–2001–11426; FMCSA–2005– 22727; FMCSA–2005–23099; FMCSA– 2005–23238; FMCSA–2006–24015; FMCSA–2007–0071; FMCSA–2008– 0021, using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to http:// www.regulations.gov, including any SUMMARY: E:\FR\FM\07MYN1.SGM 07MYN1 Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Notices personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf. FOR FURTHER INFORMATION CONTACT: 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 sroberts on DSK5SPTVN1PROD with NOTICES 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 16 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 16 applications for renewal on their merits and decided to extend each VerDate Mar<15>2010 18:11 May 04, 2012 Jkt 226001 exemption for a renewable two-year period. They are: Paul D. Crouch (OR), John M. Doney (MO), Curtis N. Fulbright (NC), Joshua G. Hansen (ID), Daniel W. Henderson (TN), Edward W. Hosier (MO), Craig T. Jorgensen (WI), Jose A. Lopez (CT), Earl E. Martin (VA), Brian E. Monaghan (IL), William P. Murphy (TX), Roy J. Oltman (IL), Albert L. Remsburg, III (MD), Antonio A. Ribeiro (CT), Justin T. Richman (IN), Frankie A. Wilborn (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. 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 16 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 66 FR 66969; 67 FR 10471; 67 FR 17102; 67 FR 19798; 68 FR 69432; 69 FR 17267; 69 FR 19611; 70 FR 71884; 71 FR 644; 71 FR 16410; 71 FR 19604; 71 FR 4632; 71 FR 4194; 71 FR 13450; 71 FR 5105; 71 FR 19600; 71 FR 14566; 71 FR 30227; 73 FR 6242; 73 FR 16950; 73 FR 27014; 73 FR 15567; 73 FR 27015; 75 FR 27622). Each PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 26817 of these 16 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 June 6, 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 16 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 E:\FR\FM\07MYN1.SGM 07MYN1 26818 Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Notices 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: April 18, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–10929 Filed 5–4–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice of Limitation on Claims Against Proposed Public Transportation Projects Federal Transit Administration (FTA), DOT. ACTION: Notice of Limitation on Claims. AGENCY: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the following locations: Minneapolis, MN; Coatesville, PA; City of St. Louis and University City, MO; and West Fitchburg, MA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions. SUMMARY: By this notice, FTA is advising the public of final agency actions subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of the FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before November 2, 2012. FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353–2577, or Terence Plaskon, Environmental Protection Specialist, Office of Human and Natural Environment, (202) 366–0442. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30 p.m., EST, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken final agency actions by issuing certain approvals for the public transportation projects listed below. The actions on these projects, as well as the laws under which such actions were taken, are described in the documentation issued in connection with the project to comply with the National sroberts on DSK5SPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 18:11 May 04, 2012 Jkt 226001 Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the projects. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information on the project. Contact information for FTA’s Regional Offices may be found at http://www.fta.dot.gov. This notice applies to all FTA decisions on the listed projects as of the issuance date of this notice and all laws under which such actions were taken, including, but not limited to, NEPA [42 U.S.C. 4321–4375], Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401–7671q]. This notice does not, however, alter or extend the limitation period of 180 days for challenges of project decisions subject to previous notices published in the Federal Register. The projects and actions that are the subject of this notice are: 1. Project name and location: Minneapolis Interchange Project, Minneapolis, MN. Project sponsor: Metropolitan Council and Hennepin County Regional Railroad Authority. Project description: The project proposes to provide transportation infrastructure improvements near the existing Hiawatha Light Rail Transit Target Field Station, including elevated track, a second platform, storage track, construction of two connected pedestrian plaza areas, and reconfiguration of the 5th Street North/ 6th Avenue North intersection. Final agency actions: No use of Section 4(f) resources; Section 106 Programmatic Agreement; project-level air quality conformity; and Finding of No Significant Impact (FONSI), dated March 2012. Supporting documentation: Environmental Assessment, dated January 2012. 2. Project name and location: Coatesville Train Station Relocation, City of Coatesville, Chester County, PA. Project sponsor: Pennsylvania Department of Transportation (PennDOT). Project description: The project proposes to relocate the Coatesville Train Station approximately 450 feet east of the current location. It entails construction of the station platforms and access, provision of surface parking for Amtrak patrons, and improvements to Fleetwood Street. Final agency actions: No use of Section 4(f) resources; Section 106 finding of no adverse effect; project-level air quality conformity; and Finding of No Significant Impact (FONSI), dated March 2012. Supporting PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 documentation: Environmental Assessment, dated December 2011. 3. Project name and location: St. Louis Loop Trolley, City of St. Louis and University City, MO. Project sponsor: East-West Gateway Council of Governments. Project description: The project is an approximately two-mile long, fixed-guideway trolley system in St. Louis and University City, MO. It will be constructed on Delmar Boulevard and DeBaliviere Avenue, and run from the History Museum in Forest Park in St. Louis to Trinity Avenue in University City, MO. Final agency actions: Determination of de minimis impact to one Section 4(f) resource and Section 106 finding of no adverse effect. Supporting documentation: Environmental Assessment Reevaluation, dated March 2012. 4. Project name and location: Fitchburg Commuter Rail Extension Project/Wachusett Station and Westminster Layover Facility, West Fitchburg, MA. Project sponsor: Montachusett Area Regional Transit Authority (MART) and Massachusetts Bay Transportation Authority (MBTA). Project description: The project extends commuter rail service 4.5 miles from downtown Fitchburg to a new rail station in West Fitchburg, to be called Wachusett Station. A new layover facility adjacent to the end of the line is also part of the project. Final agency actions: No use of Section 4(f) resources; Section 106 finding of no historic properties affected; and Finding of No Significant Impact (FONSI), dated October 2010. Supporting documentation: Environmental Assessment, dated September 2010. Issued on: May 2, 2012. Lucy Garliauskas, Associate Administrator for Planning and Environment, Washington, DC. [FR Doc. 2012–10941 Filed 5–4–12; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2012–0058] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FREE SPIRIT; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized SUMMARY: E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Notices]
[Pages 26816-26818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10929]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-
2005-22727; FMCSA-2005-23099; FMCSA-2005-23238; FMCSA-2006-24015; 
FMCSA-2007-0071; FMCSA-2008-0021]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
16 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 May 25, 2012. Comments must be 
received on or before June 6, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: FMCSA-1999-6156; FMCSA-1999-6480; 
FMCSA-2001-11426; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2005-23238; 
FMCSA-2006-24015; FMCSA-2007-0071; FMCSA-2008-0021, using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any

[[Page 26817]]

personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: 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 16 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 16 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Paul D. Crouch (OR), John M. Doney (MO), Curtis N. Fulbright (NC), 
Joshua G. Hansen (ID), Daniel W. Henderson (TN), Edward W. Hosier (MO), 
Craig T. Jorgensen (WI), Jose A. Lopez (CT), Earl E. Martin (VA), Brian 
E. Monaghan (IL), William P. Murphy (TX), Roy J. Oltman (IL), Albert L. 
Remsburg, III (MD), Antonio A. Ribeiro (CT), Justin T. Richman (IN), 
Frankie A. Wilborn (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.

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 16 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 66 FR 
66969; 67 FR 10471; 67 FR 17102; 67 FR 19798; 68 FR 69432; 69 FR 17267; 
69 FR 19611; 70 FR 71884; 71 FR 644; 71 FR 16410; 71 FR 19604; 71 FR 
4632; 71 FR 4194; 71 FR 13450; 71 FR 5105; 71 FR 19600; 71 FR 14566; 71 
FR 30227; 73 FR 6242; 73 FR 16950; 73 FR 27014; 73 FR 15567; 73 FR 
27015; 75 FR 27622). Each of these 16 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 June 6, 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 16 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

[[Page 26818]]

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: April 18, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-10929 Filed 5-4-12; 8:45 am]
BILLING CODE 4910-EX-P