Qualification of Drivers; Exemption Renewals; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
November 26, 2010

[Federal Register: November 26, 2010 (Volume 75, Number 227)]
[Notices]               
[Page 72868-72869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no10-123]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0231]

 
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 72869]]

in the Federal Motor Carrier Safety Regulations for 15 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, 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 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 September 23, 2010 (75 FR 52063).

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 15 renewal applications, FMCSA renews the Federal 
vision exemptions for William C. Ball, Terrence L. Benning, Robert S. 
Bowen, Dennis R. Buszkiewicz, Larry Byrley, Eldon D. Cochran, James R. 
Corley, Alfred A. Constantino, Larry D. Curry, Kelly M. Greene, John H. 
Holmberg, Garry R. Lomen, Leonardo Lopez, Jr., James A. Rapp and Thomas 
P. Shank.
    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: November 18, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-29802 Filed 11-24-10; 8:45 am]
BILLING CODE 4910-EX-P