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Docket ID: [Docket No. FMCSA-99-6480; FMCSA-02-11714; FMCSA-03-14223; FMCSA-04- 17195; FMCSA-05-21254; FMCSA-06-24015; FMCSA-06-24783]
SUBJECT CATEGORY: Qualification of Drivers; Exemption Renewals; Vision
DOCUMENT SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 11 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.
SUMMARY: Vision,
You may see all the comments online through the Federal Document Management System (FDMS) at http://www.regulations.gov. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2year 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 2year period. The comment period ended on August 20, 2008.
Discussion of Comments
FMCSA received no comments in this proceeding.
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 11 renewal applications, FMCSA renews the Federal vision exemptions for Manuel A. Almeida, Ronald B. Brown, Thomas L. Corey, Brian G. Hagen, Donald E. Hathaway, John C. Lewis, William R. Proffitt, Jose M. Suarez, Louis E. Villa, Jr., Barney J. Wade, and Richard A. Yeager.
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: September 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development. [FR Doc. E820890 Filed 9808; 8:45 am]
BILLING CODE 4910EXP
FOR FURTHER INFORMATION CONTACT Dr. Mary D. Gunnels, Director, Medical Programs, (202) 3664001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64224, Washington, DC 205900001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays.
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 47 CFR Part 73 26 CFR Part 1 40 CFR Part 180 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 40 CFR Part 63 33 CFR Part 100 50 CFR Part 622 50 CFR Part 660 44 CFR Part 65 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 6 CFR Part 5 40 CFR Part 271 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 10 CFR Part 50 44 CFR Part 64 49 CFR Part 571 39 CFR Part 3020