[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18437-18438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-95]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-
2000-8398; FMCSA-2002-12844; FMCSA-2002-13411; FMCSA-2004-19477; FMCSA-
2006-25246; FMCSA-2006-26066]
Qualification of Drivers; Exemption Renewals; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 23 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 exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.
[[Page 18438]]
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-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 statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on March 26, 2009.
Discussion of Comments
FMCSA received no comments in this proceeding.
Conclusion
The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 23 renewal applications, FMCSA renews the Federal
vision exemptions for David W. Ball, Mark L. Braun, Richard A. Brown,
Jr., Willie Burnett, Jr., Donald K. Driscoll, Elias Gomez, Jr., Richard
G. Gruber, Richard T. Hatchel, William G. Holland, Bruce G. Horner,
Leon E. Jackson, Gerald D. Larson, Thomas F. Marczewski, Roy E.
Mathews, James T. McGraw, Jr., Carl A. Michel, Sr., Robert A. Moss,
Harry M. Oxendine, Bobby G. Pool, Sr., Herbert W. Smith, Ronald Watt,
Harry C. Weber, Yu Weng.
In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked 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 and 31315.
Issued on: April 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-9283 Filed 4-21-09; 8:45 am]
BILLING CODE 4910-EX-P