[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36779-36780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15676]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6480; FMCSA-2003-16564; FMCSA-2005-23238; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-
2007-0071; FMCSA-2008-0021]
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
[[Page 36780]]
in the Federal Motor Carrier Safety Regulations for 29 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.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, [email protected], 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 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 May 17, 2010 (75 FR 19674).
Discussion of Comments
FMCSA received one comment in this proceeding. The comment is
considered and discussed below. An anonymous individual stated that he
feels the Agency is negligent and lets drivers who can't see get by
with unsafe regulations. The individual feels that standards need to be
instituted to guide the medical doctors.
In regard to this comment, to evaluate the effect of these
exemptions on safety, FMCSA considered not only the medical reports
about the applicants' vision, but also their driving records and
experience with the vision deficiency. To qualify for an exemption from
the vision standard, FMCSA requires a person to present verifiable
evidence that he or she has driven a commercial vehicle safely with the
vision deficiency for 3 years. Recent driving performance is especially
important in evaluating future safety, according to several research
studies designed to correlate past and future driving performance.
Results of these studies support the principle that the best predictor
of future performance by a driver is his/her past record of crashes and
traffic violations. Copies of the studies may be found at Docket Number
FMCSA-1998-3637. FMCSA also relies on the medical physician examining
the driver to determine if the individual has sufficient vision to
perform the tasks necessary to operate a commercial vehicle safely.
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 29 renewal applications, FMCSA renews the Federal
vision exemptions for Gerald L. Anderson, Leo G. Becker, Timothy W.
Bickford, Stanley W. Davis, Ray L. Emert, Sean O. Feeny, Steven R.
Felks, Marvin T. Fowler, Michael J. Frein, Jimmy G. Hall, Hazel L.
Hopkins, Jr., Dennis R. Irvin, Mark L. LeBlanc, David A. Miller, Rick
P. Moreno, Paul D. Schnautz, Steve J. Sherar, Robert F. Skinner, Jr.,
William T. Smiley, Richard M. Smith, Robert A. Stoeckle, David N.
Stubbs, Edward J. Sullivan, Aaron S. Taylor, Martin L. Taylor, Gary R.
Thomas, William B. Thomas, Michael J. Tisher and Kevin R. White.
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: June 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-15676 Filed 6-25-10; 8:45 am]
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