Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6213 

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 11 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

11 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: Henry Ammons, Jr., 

Michael D. Archibald, David S. Carman, 

Cedric E. Foster, Glen T. Garrabrant, 

Alan L. Johnston, Dennis I. Nelson, 

Rance A. Powell, Shannon E. 

Rasmussen, Garfield A. Smith, Henry L. 

Walker. 

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for two years unless rescinded earlier by 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rescinded if: (1) The person fails to 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 11 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 45817; 65 FR 

77066; 68 FR 10300; 70 FR 7546; 65 FR 

66286; 66 FR 13825; 67 FR 76439; 68 FR 

10298; 70 FR 7545). Each of these 11 

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 11 

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. 

Issued on: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2454 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7006; FMCSA– 

2000–7363; FMCSA–2001–10570; FMCSA– 

2002–12294; FMCSA–2004–18885; FMCSA– 

2006–24783] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 12 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

reviewed the comments submitted in 

response to the previous announcement 

and 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, 

maggi.gunnels@dot.gov, FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Room 8301, 

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. 


rwilkins on PROD1PC63 with NOTICES
6214 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

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 January 12, 

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 12 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Robert W. 

Brown, David D. Bungori, Jr., Benny J. 

Burke, David R. Cox, Gary T. Hicks, 

Robert T. Hill, John C. McLaughlin, 

Kenneth D. Sisk, David W. Skillman, 

Rick N. Ulrich, Stephen D. Vice and 

Larry D. Wedekind. 

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: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2432 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–5578; FMCSA– 

1999–5748; FMCSA–1999–6480; FMCSA– 

2000–7165; FMCSA–2001–11426; FMCSA 

2002–11714; FMCSA–2002–12294; FMCSA– 

2003–14223; FMCSA–2004–17195; FMCSA– 

2004–17984; FMCSA–2005–21254; FMCSA– 

2005–22194; FMCSA–2005–23238; FMCSA– 

2006–24015; FMCSA–2006–24783] 

Qualification of Drivers; Exemption 

Renewals; Vision; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

Correction. 

SUMMARY: On September 9, 2008 (73 FR 

52451), October 17, 2008 (73 FR 61927), 

and October 31, 2008 (73 FR 65009), the 

Federal Motor Carrier Safety 

Administration (FMCSA) published four 

notices of final disposition in the 

Federal Register with an inadvertent 

error in each. Those notices stated that 

the Agency did not receive comments in 

the proceedings. This document corrects 

that error, because it was brought to the 

Agency’s attention that comments had 

been submitted. This correction does 

not affect the Agency’s previous 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for the 

individuals specifically identified in the 

September 9, 2008, October 17, 2008 

and October 31, 2008 final disposition 

notices. 

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, by accessing the 

docket numbers in the heading of this 

notice. 

Background 

FMCSA announced in the September 

9, 2008, October 17, 2008 and October 

31, 2008 notices that no comments were 

received in the proceedings. This was in 

error. The notices should read that 

comments were received. The 

Advocates for Highway and Auto Safety 

filed the same comment in all four 

proceedings. 

Corrections 

1. In notice FR Doc. E8–20890 

beginning on page 52451, second 

column, under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Tuesday, 

September 9, 2008: 

2. In notice FR Doc. E8–224695 

beginning on page 61927, second 

column, under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Friday, 

October 17, 2008: 

3. In notice FR Doc. E8–224698 

beginning on page 61927, third column, 

under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Friday, 

October 17, 2008: 

4. In notice FR Doc. E8–26059 

beginning on page 65010, first column, 

under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Friday, 

October 31, 2008, change to read as 

follows: 

Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment was 

considered and discussed below. 

Advocates for Highway and Auto 

Safety (Advocates) expressed opposition 

to FMCSA’s policy to grant exemptions 

from the FMCSR, including the driver 

qualification standards. Specifically, 

Advocates: (1) Objects to the manner in 

which FMCSA presents driver 

information to the public and makes 

safety determinations; (2) objects to the 

Agency’s reliance on conclusions drawn 

from the vision waiver program; (3) 

claims the Agency has misinterpreted 

statutory language on the granting of 

exemptions (49 U.S.C. 31136(e) and 

31315); and finally (4) suggests that a 

1999 Supreme Court decision affects the 

legal validity of vision exemptions. 

The issues raised by Advocates were 

addressed at length in 64 FR 51568 

(September 23, 1999), 64 FR 66962 

(November 30, 1999), 64 FR 69586 

(December 13, 1999), 65 FR 159 (January 

3, 2000), 65 FR 57230 (September 21, 

2000), and 66 FR 13825 (March 7, 2001). 

We will not address these points again, 

but refer interested parties to those 

earlier discussions. 

Conclusion 

FMCSA has statutory authority to 

exempt individuals from the vision 

requirement if the exemptions granted 

will not compromise safety. The Agency 

has reviewed the comments submitted 

in response to the previous 

announcements and 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. The Agency has not received 

any adverse evidence on any of these 

drivers that indicates that safety is being 

compromised. Based upon evaluation of 

the renewal applicants, FMCSA stands 

by its decision to renew the exemptions 

from the Federal Motor Carrier Safety 

regulations for the 39 individuals 

specified in the September 9, 2008 final 

disposition notice, the 34 individuals 


rwilkins on PROD1PC63 with NOTICES