Qualification of Drivers; Exemption Applications; Vision, 38384-38386 [2012-15630]

Download as PDF 38384 Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 23 applicants have had ITDM over a range of 1 to 34 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the May 11, 2012, Federal Register notice and they will not be repeated in this notice. Discussion of Comments FMCSA did not receive any comments in this proceeding. srobinson on DSK4SPTVN1PROD with NOTICES Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level VerDate Mar<15>2010 19:05 Jun 26, 2012 Jkt 226001 of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Conclusion Based upon its evaluation of the 23 exemption applications, FMCSA exempts, Christopher M. Anderson (AR), Matthew R. Bagwell (NY), Gary L. Bradburn (VA), Eric J. Bright (IL), Jeffrey M. Burgess, (MT), Robert Castaneda (CA), Kyle D. Dale. (MO), Frank Glenn (IL), Timothy T. Googleye, (MN), Jose D. Gonzalez (CA), Patrick J. Hempel (TN), Matthew M. Horgan, (MO), Mark C. Lucy (IA), Richard M. McMahon (GA), Kevin N. Mitchell (GA), Christopher J. Parr (IN), Gerald Perkins (CA), Donald L. Philpott (WA), John Randolph (OK), Courtney R. Schiebout, Barry L. Schwab (MI), Charles L. Spencer (NY), and Curtis W. Stanley (NE) from the ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: June 20, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–15632 Filed 6–26–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6156; FMCSA– 2000–7006; FMCSA–2001–9561; FMCSA– 2001–10578; FMCSA–2001–11426; FMCSA– 2002–11714; FMCSA–2002–13411; FMCSA– 2003–16241; FMCSA–2003–16564; FMCSA– 2004–17195; FMCSA–2005–21711; FMCSA– 2005–22194; FMCSA–2005–23099; FMCSA– 2005–23238; FMCSA–2006–23773; FMCSA– 2006–24015; FMCSA–2006–24783; 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 45 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 July 20, 2012. Comments must be received on or before July 27, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. FMCSA–1999–6156; FMCSA–2000– 7006; FMCSA–2001–9561; FMCSA– 2001–10578; FMCSA–2001–11426; FMCSA–2002–11714; FMCSA–2002– 13411; FMCSA–2003–16241; FMCSA– 2003–16564; FMCSA–2004–17195; FMCSA–2005–21711; FMCSA–2005– 22194; FMCSA–2005–23099; FMCSA– 2005–23238; FMCSA–2006–23773; FMCSA–2006–24015; FMCSA–2006– DATES: E:\FR\FM\27JNN1.SGM 27JNN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices 24783; 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 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. VerDate Mar<15>2010 19:05 Jun 26, 2012 Jkt 226001 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 45 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 45 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Harold J. Bartley, Jr. (KY) Delmas C. Bergdoll (WV) Kenneth J. Bernard (LA) Allen G. Bors (NE) Brad T. Braegger (UT) John E. Breslin (NV) Scott F. Chalfant (DE) Harvis P. Cosby (MD) Ronald D. Danberry (MN) Norman J. Day (FL) Francisco Espinal (IN) Daniel R. Franks (OH) David W. Grooms (IN) Walter D. Hague, Jr. (VA) Spencer N. Haugen (ND) William G. Hix (AR) Ralph E. Holmes (MD) Bruce A. Homan (WA) Timothy B. Hummel (KY) Frederick C. Ingles (WV) Larry L. Jarvis (VA) Michael S. Johannsen (IA) Charles E. Johnston (MO) Harry L. Jones (OH) Mearl C. Kennedy (OH) Aaron C. Lougher (OR) William F. Mack (WA) Patrick E. Martin (WA) Bennet G. Maruska (MN) Leland K. McAlhaney (IN) Bobby G. Minton (NC) Charles J. Morman (FL) Larry A. Nienhuis (MI) Corey L. Paraf (IL) Ronald M. Price (MD) John P. Raftis (FL) Scott D. Russell (WI) Alton M. Rutherford (FL) Charles L. Schnell (FL) Andrew W. Schollett (CO) Joseph B. Shaw, Jr. (VA) Wolfgang V. Spekis (MD) Sandra J. Sperling (WA) PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 38385 Ryan K. Steelman (OR) Duane L. Tysseling (IA) 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 45 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 54948; 65 FR 159; 65 FR 20245; 66 FR 30502; 66 FR 41654; 66 FR 53826; 66 FR 66966; 67 FR 10471; 67 FR 10475; 67 FR 15662; 67 FR 17102; 67 FR 19798; 67 FR 37907; 67 FR 76439; 68 FR 10298; 68 FR 44837; 68 FR 61857; 68 FR 69434; 68 FR 74699; 68 FR 75715; 69 FR 8260; 69 FR 10503; 69 FR 17263; 69 FR 17267; 69 FR 19611; 69 FR 26206; 69 FR 26921; 69 FR 31447; 70 FR 41811; 70 FR 48797; 70 FR 57353; 70 FR 61493; 70 FR 72689; 70 FR 74102; 71 FR 646; 71 FR 4194; 71 FR 5105; 71 FR 6824; 71 FR 6826; 71 FR 6828; 71 FR 6829; 71 FR 13450; 71 FR 14567; 71 FR 16410; 71 FR 19600; 71 FR 19602; 71 FR 19604; 71 FR 26601; 71 FR 26602; 71 FR 27033; 71 FR 30229; 71 FR 32183; 71 FR 41310; 72 FR 52423; 73 FR 11989; 73 FR 15567; 73 FR 27017; 73 FR 27018; 73 FR 28187; 73 FR 36955; 75 FR 36778; 75 FR 36779). Each E:\FR\FM\27JNN1.SGM 27JNN1 38386 Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices srobinson on DSK4SPTVN1PROD with NOTICES of these 45 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 July 27, 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 45 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 VerDate Mar<15>2010 19:05 Jun 26, 2012 Jkt 226001 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: June 15, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–15630 Filed 6–26–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0104] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt eight individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective June 27, 2012. The exemptions expire on June 27, 2014. 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: SUMMARY: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http:// www.regulations.gov. 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 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement 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. Background On May 11, 2012, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (77 FR 27847). That notice listed eight applicants’ case histories. The eight individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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 statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the eight applications on their merits and made a determination to grant exemptions to each of them. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing requirement red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but E:\FR\FM\27JNN1.SGM 27JNN1

Agencies

[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38384-38386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15630]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-2000-7006; FMCSA-2001-9561; FMCSA-
2001-10578; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-13411; 
FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-21711; 
FMCSA-2005-22194; FMCSA-2005-23099; FMCSA-2005-23238; FMCSA-2006-23773; 
FMCSA-2006-24015; FMCSA-2006-24783; 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 
45 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 July 20, 2012. Comments must be 
received on or before July 27, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-1999-6156; FMCSA-
2000-7006; FMCSA-2001-9561; FMCSA-2001-10578; FMCSA-2001-11426; FMCSA-
2002-11714; FMCSA-2002-13411; FMCSA-2003-16241; FMCSA-2003-16564; 
FMCSA-2004-17195; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-23099; 
FMCSA-2005-23238; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-

[[Page 38385]]

24783; 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 
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 45 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 45 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Harold J. Bartley, Jr. (KY)
Delmas C. Bergdoll (WV)
Kenneth J. Bernard (LA)
Allen G. Bors (NE)
Brad T. Braegger (UT)
John E. Breslin (NV)
Scott F. Chalfant (DE)
Harvis P. Cosby (MD)
Ronald D. Danberry (MN)
Norman J. Day (FL)
Francisco Espinal (IN)
Daniel R. Franks (OH)
David W. Grooms (IN)
Walter D. Hague, Jr. (VA)
Spencer N. Haugen (ND)
William G. Hix (AR)
Ralph E. Holmes (MD)
Bruce A. Homan (WA)
Timothy B. Hummel (KY)
Frederick C. Ingles (WV)
Larry L. Jarvis (VA)
Michael S. Johannsen (IA)
Charles E. Johnston (MO)
Harry L. Jones (OH)
Mearl C. Kennedy (OH)
Aaron C. Lougher (OR)
William F. Mack (WA)
Patrick E. Martin (WA)
Bennet G. Maruska (MN)
Leland K. McAlhaney (IN)
Bobby G. Minton (NC)
Charles J. Morman (FL)
Larry A. Nienhuis (MI)
Corey L. Paraf (IL)
Ronald M. Price (MD)
John P. Raftis (FL)
Scott D. Russell (WI)
Alton M. Rutherford (FL)
Charles L. Schnell (FL)
Andrew W. Schollett (CO)
Joseph B. Shaw, Jr. (VA)
Wolfgang V. Spekis (MD)
Sandra J. Sperling (WA)
Ryan K. Steelman (OR)
Duane L. Tysseling (IA)

    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 45 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 54948; 65 FR 159; 65 FR 20245; 66 FR 30502; 66 FR 
41654; 66 FR 53826; 66 FR 66966; 67 FR 10471; 67 FR 10475; 67 FR 15662; 
67 FR 17102; 67 FR 19798; 67 FR 37907; 67 FR 76439; 68 FR 10298; 68 FR 
44837; 68 FR 61857; 68 FR 69434; 68 FR 74699; 68 FR 75715; 69 FR 8260; 
69 FR 10503; 69 FR 17263; 69 FR 17267; 69 FR 19611; 69 FR 26206; 69 FR 
26921; 69 FR 31447; 70 FR 41811; 70 FR 48797; 70 FR 57353; 70 FR 61493; 
70 FR 72689; 70 FR 74102; 71 FR 646; 71 FR 4194; 71 FR 5105; 71 FR 
6824; 71 FR 6826; 71 FR 6828; 71 FR 6829; 71 FR 13450; 71 FR 14567; 71 
FR 16410; 71 FR 19600; 71 FR 19602; 71 FR 19604; 71 FR 26601; 71 FR 
26602; 71 FR 27033; 71 FR 30229; 71 FR 32183; 71 FR 41310; 72 FR 52423; 
73 FR 11989; 73 FR 15567; 73 FR 27017; 73 FR 27018; 73 FR 28187; 73 FR 
36955; 75 FR 36778; 75 FR 36779). Each

[[Page 38386]]

of these 45 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 July 27, 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 45 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: June 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-15630 Filed 6-26-12; 8:45 am]
BILLING CODE 4910-EX-P