Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6207 

393.60(e)(1) to allow the installation of 

the RouteTracker electronic on board 

data event recorder on CMVs. A copy of 

the application is included in the docket 

referenced at the beginning of this 

notice. 

Section 393.60(e)(1) of the FMCSRs 

prohibits the obstruction of the driver’s 

field of view by devices mounted at the 

top of the windshield. Antennas, 

transponders and similar devices 

(devices) must not be mounted more 

than 152 mm (6 inches) below the upper 

edge of the windshield. These devices 

must be located outside the area swept 

by the windshield wipers and outside 

the driver’s sight lines to the road and 

highway signs and signals. 

Turnpike applied for the exemption 

because it wants to install RouteTracker 

devices in its customers’ vehicles 

throughout the United States. Turnpike 

contends that it must be able to mount 

the recorder in a position that is lower 

on the windshield than what is 

currently allowed under 49 CFR 

393.60(e)(1) ‘‘in order to maximize the 

ability of the device to collect safety and 

regulatory compliance data.’’ Turnpike 

noted that the preferred installation 

location is in the lower right side of the 

windshield, and outside the area swept 

by the windshield wipers. Turnpike 

stated ‘‘The windshield mount is the 

preferred installation to prevent driver 

tampering and ensure twenty-four hour 

communication relay.’’ 

In its application, Turnpike noted that 

the Commercial Vehicle Safety Alliance 

(CVSA) submitted a petition for 

rulemaking to FMCSA on October 18, 

2007, to amend 49 CFR 393.60(e). The 

CVSA petition requests that the 

FMCSRs be amended to permit video 

event recorders and similar devices that 

require a clear forward facing visual 

field to be mounted not more than 50 

mm (2 inches) below the upper edge of 

the area swept by the windshield 

wipers, provided that they are located 

outside the driver’s sight lines to the 

road and highway signs and signals. A 

copy of the CVSA petition has been 

placed in the docket referenced at the 

beginning of this notice. 

Turnpike recommended that 

FMCSA—as a condition of the 

exemption if it were granted—require 

Turnpike to comply with the mounting 

provisions proposed in the CVSA 

petition as described above during the 

period of the exemption. Turnpike 

stated that doing so would ‘‘enable 

Turnpike to maximize the use of 

RouteTracker in collecting safety and 

regulatory compliance data while 

abiding by a mounting standard that the 

CVSA has determined is safe and 

appropriate.’’ 

On November 7, 2008, Turnpike sent 

FMCSA an amendment to its exemption 

application. Turnpike notes that its 

preferred mounting location is in the 

lower right edge of the windshield, 

outside the area swept by the 

windshield wipers and outside the 

driver’s sight lines to the road and 

highway signs and signals. A copy of 

the amended application is included in 

the docket referenced at the beginning 

of this notice. As such, complying with 

CVSA’s proposed mounting location— 

not more than 2 inches below the upper 

edge of the area swept by the 

windshield wipers—as proposed in its 

original application dated April 2, 2008, 

would not be consistent with Turnpike’s 

preferred mounting location at the 

bottom right of the windshield. 

The amended application requests 

that FMCSA grant an exemption to 

§ 393.60(e)(2) that would permit 

installation of its RouteTracker device 

in the lower right side of the 

windshield, outside the area swept by 

the windshield wipers and outside the 

driver’s sight lines to the road and 

highway signs and signals. Turnpike 

notes that while § 393.60(e)(2) permits 

CVSA inspection decals, and stickers 

and/or decals required under Federal or 

State laws to ‘‘be placed at the bottom 

or sides of the windshield provided 

such decals or stickers do not extend 

more than 41⁄2 inches from the bottom 

of the windshield and are located 

outside the area swept by the 

windshield wipers, and outside the 

drivers’ sight lines to the road and 

highway signs or signals,’’ this section 

applies only to decals and stickers—and 

not to transponders or similar devices 

such as its RouteTracker device. Given 

that the RouteTracker device has 

dimensions of 4′′ x 3.5′′ x 1.25′′, 

Turnpike contends that mounting its 

RouteTracker device in the lower right 

side of the windshield and outside the 

drivers’ sight lines to the road and 

highway signs or signals is consistent 

with that allowed for decals and stickers 

described above, and will not degrade 

safety. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

Turnpike’s application for an exemption 

from 49 CFR 393.60. All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the ADDRESSES

caption of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Issued on: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2431 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2002–12844; FMCSA– 

2002–12423; FMCSA–2004–19477] 

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 5 

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 

February 25, 2009. Comments must be 

received on or before March 9, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA–02– 

12844; FMCSA–02–12423; FMCSA–04– 

19477, 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, 


rwilkins on PROD1PC63 with NOTICES
6208 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

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. 

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 

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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://DocketInfo.dot.gov. 

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 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 5 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

5 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: Lester G. Kelley, II, 

Dennis R. O’Dell, Jr., Jerry W. Parker, 

Virgil A. Potts, Henry A. Shelton. 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard 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 

provide 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 retain 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 5 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (67 FR 68719; 68 FR 2629; 

69 FR 71100; 72 FR 5489; 68 8794; 70 

FR 8659; 69 FR 64806; 70 FR 2705). 

Each of these 5 applicants has requested 

renewal of the exemption and has 

submitted evidence showing that the 

vision in the better eye continues to 

meet the standard 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 standards. 

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 March 9, 

2009. 

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 5 

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 based on the 

merits of each case and 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. 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6209 

Issued on: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2435 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2008–0340] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 24 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 standard. 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 

February 5, 2009. The exemptions 

expire on February 7, 2011. 

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. 

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 

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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://Docketsinfo.dot.gov. 

Background 

On December 12, 2008, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (73 FR 75803). That 

notice listed 24 applicants’ case 

histories. The 24 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 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. 

Accordingly, FMCSA has evaluated the 

24 applications on their merits and 

made a determination to grant 

exemptions to all of them. The Agency 

would like to publish two corrections. 

Mr. Bryant M. Adam’s profile was 

published with two convictions for 

moving violations in a CMV for failure 

to obey a traffic signal when he has no 

convictions on his driving record. Mr. 

Timothy L. Kelly’s name was incorrectly 

spelled in his profile. The comment 

period closed on January 12, 2009. 

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 standard red, green, and amber 

(49 CFR 391.41(b)(10)). 

FMCSA recognizes that some drivers 

do not meet the vision standard, but 

have adapted their driving to 

accommodate their vision limitation 

and demonstrated their ability to drive 

safely. 

The 24 exemption applicants listed in 

this notice are in this category. They are 

unable to meet the vision standard in 

one eye for various reasons, including 

amblyopia, retinal detachment, 

prosthesis, optic nerve hypoplasia, 

macular scar, central scotoma, retinal 

vein occlusion, retinal scar, ruptured 

globe and loss of vision due to trauma. 

In most cases, their eye conditions were 

not recently developed. All but 14 of the 

applicants were either born with their 

vision impairments or have had them 

since childhood. The 14 individuals 

who sustained their vision conditions as 

adults have had them for periods 

ranging from 4 to 42 years. 

Although each applicant has one eye 

which does not meet the vision standard 

in 49 CFR 391.41(b)(10), each has at 

least 20/40 corrected vision in the other 

eye, and in a doctor’s opinion, has 

sufficient vision to perform all the tasks 

necessary to operate a CMV. Doctors’ 

opinions are supported by the 

applicants’ possession of valid 

commercial driver’s licenses (CDLs) or 

non-CDLs to operate CMVs. Before 

issuing CDLs, States subject drivers to 

knowledge and skills tests designed to 

evaluate their qualifications to operate a 

CMV. 

All these applicants satisfied the 

testing standards for their State of 

residence. By meeting State licensing 

requirements, the applicants 

demonstrated their ability to operate a 

commercial vehicle, with their limited 

vision, to the satisfaction of the State. 

While possessing a valid CDL or nonCDL, these 24 drivers have been 

authorized to drive a CMV in intrastate 

commerce, even though their vision 

disqualified them from driving in 

interstate commerce. They have driven 

CMVs with their limited vision for 

careers ranging from 4 to 64 years. In the 

past 3 years, three of the drivers had 

convictions for traffic violations and one 

of the drivers was involved in crashes. 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the December 12, 2008 notice (73 FR 

75803). 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the vision standard in 49 CFR 

391.41(b)(10) if the exemption is likely 


rwilkins on PROD1PC63 with NOTICES