80 FR 12254 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 44 (March 6, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 44 (March 6, 2015)
| Page Range | 12254-12255 | |
| FR Document | 2015-05244 |
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)] [Notices] [Pages 12254-12255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05244] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA- 2005-20027; FMCSA-2010-0385; FMCSA-2010-0413] 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 11 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 April 1, 2015. Comments must be received on or before April 6, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000- 7918; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2010- 0385; FMCSA-2010-0413], 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, 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. Instructions: 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 Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records [[Page 12255]] notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [email protected], 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: I. 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. II. Exemption Decision This notice addresses 11 individuals who have requested renewal of their exemptions 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: Michael L. Ballantyne (MO) David F. Breuer (WI) Joseph A. Dean (AR) Kenneth L. Handy (IA) Daniel L. Jacobs (AZ) Jimmy C. Killian (NC) Jose M. Limon-Alvarado (WA) Joe L. Meredith, Jr. (VA) John W. Montgomery (MA) Robert A. Moss (MO) Artis Suitt (NC) The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements 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 provides 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 retains 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. III. 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 66286; 66 FR 13825; 67 FR 68719; 68 FR 2629; 68 FR 13360; 69 FR 64806; 70 FR 2701; 70 FR 2705; 70 FR 12265; 70 FR 16887; 72 FR 1056; 72 FR 11425; 72 FR 11426; 73 FR 76440; 74 FR 8302; 74 FR 8842; 75 FR 77942; 75 FR 80887; 76 FR 1493; 76 FR 5425; 76 FR 12215; 76 FR 12216; 76 FR 12408; 78 FR 10250; 78 FR 12822; 78 FR 14410). 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 requirement 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 requirements. 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. IV. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA- 2005-20027; FMCSA-2010-0385; FMCSA-2010-0413), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number, ``FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2004- 19477; FMCSA-2005-20027; FMCSA-2010-0385; FMCSA-2010-0413'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, ``FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005- 20027; FMCSA-2010-0385; FMCSA-2010-0413'' in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket Folder'' button choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: March 2, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-05244 Filed 3-5-15; 8:45 am] BILLING CODE 4910-EX-P
![12254 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices
present more opportunities for carriers based on terminal constraints. Schedule exemption renewals will provide a level
to plan flights during less congested submissions and discussions with of safety that is equivalent to or greater
times. However, an earlier designation LAWA will continue in addition to than the level of safety maintained
in summer rather than waiting until the FAA’s review for runway impacts as without the exemptions for these
next construction phase provides an described in this notice. Carriers commercial motor vehicle (CMV)
opportunity for the FAA to facilitate operating at TBIT may copy both LAWA drivers.
modest positive schedule moves during and the FAA on schedule messages. DATES: This decision is effective April 1,
peak demand season at LAX, discourage Finally, the FAA expects that the 2015. Comments must be received on or
moves into peak periods that might Level 2 designation will allow all before April 6, 2015.
increase congestion, and alert carriers interested parties an opportunity to
ADDRESSES: You may submit comments
thorough the IATA WSG process that address any imbalance between demand
there is a potential for congestion. and capacity, and work cooperatively to bearing the Federal Docket Management
Schedule review under Level 2 alone reduce delays. The FAA supports the System (FDMS) numbers: Docket No.
will not resolve the congestion and Level 2 process as a preferred and viable [Docket No. FMCSA–2000–7918;
delays resulting from demand that may alternative to full slot coordination FMCSA–2002–12844; FMCSA–2004–
exceed capacity. Rather, we expect that under Level 3 or other administrative 19477; FMCSA–2005–20027; FMCSA–
delays may be reduced as the FAA and actions to address congestion during the 2010–0385; FMCSA–2010–0413], using
carriers consider the potential impacts runway and RSA construction. Since any of the following methods:
of new or retimed flights in peak • Federal eRulemaking Portal: Go to
LAX does not have a history of
periods. The success of Level 2 relies on http://www.regulations.gov. Follow the
significant delays and capacity is
voluntary cooperation by carriers to on-line instructions for submitting
generally sufficient to meet demand, the
maintain a reasonable balance between comments.
FAA anticipates continuing its Level 2
capacity and demand. Carriers should • Mail: Docket Management Facility;
designation only for the planned
recognize the operational constraints U.S. Department of Transportation, 1200
construction period that is expected to
during construction and the potential New Jersey Avenue SE., West Building
end in 2018. However, the FAA will
for lengthy delays, carrier network Ground Floor, Room W12–140,
review the Level 2 designation, at a
impacts, flight cancellations, and Washington, DC 20590–0001.
minimum, in advance of each • Hand Delivery or Courier: West
consumer disruption if planned scheduling season and consider further
schedules significantly exceed capacity. Building Ground Floor, Room W12–140,
action as may be necessary if 1200 New Jersey Avenue SE.,
The FAA does not expect to confirm, operational data indicates that
under the Level 2 process, new peak Washington, DC, between 9 a.m. and 5
congestion cannot be mitigated p.m., Monday through Friday, except
hour flights beyond those published as effectively under the Level 2
of the date of this notice. Federal Holidays.
designation. • Fax: 1–202–493–2251.
Accordingly, effective June 28, 2015,
the FAA designates LAX as a Level 2 Issued in Washington, DC, on March 3, Instructions: Each submission must
2015. include the Agency name and the
airport daily between the hours of 0600
and 2259 local time (1300 and 0559 Daniel E. Smiley, docket number for this notice. Note that
UTC) but carriers may submit schedule Acting Vice President, System Operations DOT posts all comments received
information for the full day, if preferred. Services. without change to http://
Carriers should submit to the FAA [FR Doc. 2015–05207 Filed 3–5–15; 8:45 am] www.regulations.gov, including any
schedule information for all planned BILLING CODE 4910–13–P personal information included in a
operations no later than March 20, 2015. comment. Please see the Privacy Act
The FAA will reply to carrier schedule heading below.
submissions within two weeks of the DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to
deadline. For future scheduling seasons, read background documents or
the FAA intends to follow the IATA Federal Motor Carrier Safety comments, go to http://
WSG regular slot activity calendar. Administration www.regulations.gov at any time or
Runway capacity estimates for the [Docket No. FMCSA–2000–7918; FMCSA– Room W12–140 on the ground level of
Winter 2015 scheduling season are 2002–12844; FMCSA–2004–19477; FMCSA– the West Building, 1200 New Jersey
expected in the spring and will be 2005–20027; FMCSA–2010–0385; FMCSA– Avenue SE., Washington, DC, between 9
reviewed during regular meetings with 2010–0413] a.m. and 5 p.m., Monday through
LAWA and stakeholders. Friday, except Federal holidays. The
Carriers should submit schedule Qualification of Drivers; Exemption Federal Docket Management System
information in sufficient detail Applications; Vision (FDMS) is available 24 hours each day,
including, at a minimum, the carrier, AGENCY: Federal Motor Carrier Safety 365 days each year. If you want
flight number, scheduled time of arrival Administration (FMCSA), DOT. acknowledgment that we received your
or departure, half-hour period, ACTION: Notice of renewal of comments, please include a self-
frequency, and effective dates. IATA exemptions; request for comments. addressed, stamped envelope or
standard schedule information format postcard or print the acknowledgement
and data elements (Standard Schedules SUMMARY: FMCSA announces its page that appears after submitting
Information Manual, Chapter 6) may be decision to renew the exemptions from comments on-line.
mstockstill on DSK4VPTVN1PROD with NOTICES
submitted and would provide additional the vision requirement in the Federal Privacy Act: In accordance with 5
information that could be beneficial in Motor Carrier Safety Regulations for 11 U.S.C. 553(c), DOT solicits comments
assessing operational impacts. individuals. FMCSA has statutory from the public to better inform its
LAX is designated by LAWA as Level authority to exempt individuals from rulemaking process. DOT posts these
2 for flights at the Tom Bradley the vision requirement if the comments, without edit, including any
International Terminal (TBIT). This exemptions granted will not personal information the commenter
notice does not replace that process, compromise safety. The Agency has provides, to www.regulations.gov, as
which is done separately by LAWA concluded that granting these described in the system of records
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![Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices 12255
notice (DOT/ALL–14 FDMS), which can copy of the certification on his/her FMCSA–2005–20027; FMCSA–2010–
be reviewed at www.dot.gov/privacy. person while driving for presentation to 0385; FMCSA–2010–0413), indicate the
FOR FURTHER INFORMATION CONTACT: a duly authorized Federal, State, or local specific section of this document to
Charles A. Horan, III, Director, Carrier, enforcement official. Each exemption which each comment applies, and
Driver and Vehicle Safety Standards, will be valid for two years unless provide a reason for each suggestion or
202–366–4001, fmcsamedical@dot.gov, rescinded earlier by FMCSA. The recommendation. You may submit your
FMCSA, Department of Transportation, exemption will be rescinded if: (1) The comments and material online or by fax,
1200 New Jersey Avenue SE., Room person fails to comply with the terms mail, or hand delivery, but please use
W64–224, Washington, DC 20590–0001. and conditions of the exemption; (2) the only one of these means. FMCSA
Office hours are from 8:30 a.m. to 5 p.m. exemption has resulted in a lower level recommends that you include your
Monday through Friday, except Federal of safety than was maintained before it name and a mailing address, an email
holidays. was granted; or (3) continuation of the address, or a phone number in the body
exemption would not be consistent with of your document so the Agency can
SUPPLEMENTARY INFORMATION:
the goals and objectives of 49 U.S.C. contact you if it has questions regarding
I. Background 31136(e) and 31315. your submission.
Under 49 U.S.C. 31136(e) and 31315, To submit your comment online, go to
III. Basis for Renewing Exemptions http://www.regulations.gov and put the
FMCSA may renew an exemption from
Under 49 U.S.C. 31315(b)(1), an docket number, ‘‘FMCSA–2000–7918;
the vision requirements in 49 CFR
exemption may be granted for no longer FMCSA–2002–12844; FMCSA–2004–
391.41(b)(10), which applies to drivers
than two years from its approval date 19477; FMCSA–2005–20027; FMCSA–
of CMVs in interstate commerce, for a
and may be renewed upon application 2010–0385; FMCSA–2010–0413’’ in the
two-year period if it finds ‘‘such
for additional two year periods. In ‘‘Keyword’’ box, and click ‘‘Search.’’
exemption would likely achieve a level
accordance with 49 U.S.C. 31136(e) and When the new screen appears, click on
of safety that is equivalent to or greater
31315, each of the 11 applicants has ‘‘Comment Now!’’ button and type your
than the level that would be achieved
satisfied the entry conditions for comment into the text box in the
absent such exemption.’’ The
obtaining an exemption from the vision following screen. Choose whether you
procedures for requesting an exemption
requirements (65 FR 66286; 66 FR are submitting your comment as an
(including renewals) are set out in 49
13825; 67 FR 68719; 68 FR 2629; 68 FR individual or on behalf of a third party
CFR part 381.
13360; 69 FR 64806; 70 FR 2701; 70 FR and then submit. If you submit your
II. Exemption Decision 2705; 70 FR 12265; 70 FR 16887; 72 FR comments by mail or hand delivery,
This notice addresses 11 individuals 1056; 72 FR 11425; 72 FR 11426; 73 FR submit them in an unbound format, no
who have requested renewal of their 76440; 74 FR 8302; 74 FR 8842; 75 FR larger than 81⁄2 by 11 inches, suitable for
exemptions in accordance with FMCSA 77942; 75 FR 80887; 76 FR 1493; 76 FR copying and electronic filing. If you
procedures. FMCSA has evaluated these 5425; 76 FR 12215; 76 FR 12216; 76 FR submit comments by mail and would
11 applications for renewal on their 12408; 78 FR 10250; 78 FR 12822; 78 FR like to know that they reached the
merits and decided to extend each 14410). Each of these 11 applicants has facility, please enclose a stamped, self-
exemption for a renewable two-year requested renewal of the exemption and addressed postcard or envelope. FMCSA
period. They are: has submitted evidence showing that will consider all comments and material
the vision in the better eye continues to received during the comment period
Michael L. Ballantyne (MO) meet the requirement specified at 49
David F. Breuer (WI) and may change this notice based on
CFR 391.41(b)(10) and that the vision your comments.
Joseph A. Dean (AR)
impairment is stable. In addition, a
Kenneth L. Handy (IA) Viewing Comments and Documents
review of each record of safety while
Daniel L. Jacobs (AZ) To view comments, as well as any
Jimmy C. Killian (NC) driving with the respective vision
deficiencies over the past two years documents mentioned in this preamble
Jose M. Limon-Alvarado (WA)
indicates each applicant continues to as being available in the docket, go to
Joe L. Meredith, Jr. (VA)
meet the vision exemption http://www.regulations.gov and in the
John W. Montgomery (MA)
requirements. search box insert the docket number,
Robert A. Moss (MO)
Artis Suitt (NC) These factors provide an adequate ‘‘FMCSA–2000–7918; FMCSA–2002–
basis for predicting each driver’s ability 12844; FMCSA–2004–19477; FMCSA–
The exemptions are extended subject to continue to drive safely in interstate 2005–20027; FMCSA–2010–0385;
to the following conditions: (1) That commerce. Therefore, FMCSA FMCSA–2010–0413’’ in the ‘‘Keyword’’
each individual has a physical concludes that extending the exemption box and click ‘‘Search.’’ Next, click
examination every year (a) by an for each renewal applicant for a period ‘‘Open Docket Folder’’ button choose
ophthalmologist or optometrist who of two years is likely to achieve a level the document listed to review. If you do
attests that the vision in the better eye of safety equal to that existing without not have access to the Internet, you may
continues to meet the requirements in the exemption. view the docket online by visiting the
49 CFR 391.41(b)(10), and (b) by a Docket Management Facility in Room
medical examiner who attests that the IV. Public Participation and Request for
W12–140 on the ground floor of the
individual is otherwise physically Comments
DOT West Building, 1200 New Jersey
qualified under 49 CFR 391.41; (2) that FMCSA encourages you to participate Avenue SE., Washington, DC 20590,
mstockstill on DSK4VPTVN1PROD with NOTICES
each individual provides a copy of the by submitting comments and related between 9 a.m. and 5 p.m., e.t., Monday
ophthalmologist’s or optometrist’s materials. through Friday, except Federal holidays.
report to the medical examiner at the
time of the annual medical examination; Submitting Comments Issued on: March 2, 2015.
and (3) that each individual provide a If you submit a comment, please Larry W. Minor,
copy of the annual medical certification include the docket number for this Associate Administrator for Policy.
to the employer for retention in the notice (FMCSA–2000–7918; FMCSA– [FR Doc. 2015–05244 Filed 3–5–15; 8:45 am]
driver’s qualification file and retains a 2002–12844; FMCSA–2004–19477; BILLING CODE 4910–EX–P
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Document Created: 2018-02-21 09:33:14
Document Modified: 2018-02-21 09:33:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | This decision is effective April 1, 2015. Comments must be received on or before April 6, 2015. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [email protected], 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. | |
| FR Citation | 80 FR 12254 |
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