Qualifications Of Drivers:

Federal Register: December 14, 2010 (Volume 75, Number 239)

Notices

Page 77941-77942

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr14de10-120

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Docket No FMCSA-2000-7165; FMCSA-2006-24783; FMCSA-2008-0106; FMCSA- 2008-0231; FMCSA-2008-0266

Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

Page 77942

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 17 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,

Director, Medical Programs, (202) 366-4001, fmcsamedical@dot.gov,

FMCSA, without the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels 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 November 18, 2010 (75 FR 64396).

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 17 renewal applications, FMCSA renews the Federal vision exemptions for Rick A. Benevides, Allen S. Bush, Delone W.

Dudley, Irvin L. Eaddy. James W. Lappan, Jeromy W. Leatherman, Ernest

2. Martin, Mark L. McWhorter, Raymond C. Miller, James G. Mitchell,

Dennis E. Palmer, Jr., Sylvester Silver, James D. St. Peter, Kenneth C.

Steele, Michael Sutton, John E. Rains, and Brian W. Whitmer.

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: December 6, 2010.

Larry W. Minor,

Associate Administrator, Office of Policy.

FR Doc. 2010-31260 Filed 12-13-10; 8:45 am

BILLING CODE 4910-EX-P