80 FR 12547 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range		12547-12548
FR Document		2015-05261

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.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12547-12548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05261]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0398]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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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 6, 2015. Comments must be 
received on or before April 8, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2008-
0398], 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 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. Ayers (AL)

[[Page 12548]]

Paul V. Daluisio (NY)
Tracy A. Doty (TN)
Matthew A. Ericson (WI)
Charles W. Hillyer (OH)
Stephen R. Jackson (WY)
Darrel R. Martin (MD)
Pahl M. Olson (WI)
James L. Rooney (WA)
James E. Russell (AZ)
Forrest L. Wright (AL)
    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 (74 FR 7097; 74 FR 15584; 76 FR 15361; 78 FR 16761). 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-2008-0398), 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-2008-0398'' 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-2008-0398'' 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. 2015-05261 Filed 3-6-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices 12547

property for airport purposes pursuant Issued in Denver, Colorado, on March 2, personal information included in a
to Section 16 of the Federal Airport Act 2015. comment. Please see the Privacy Act
(60 Stat. 179) or Section 23 of the John P. Bauer, heading below.
Airport and Airway Development Act of Manager, Denver Airports District Office. Docket: For access to the docket to
1970 (84 Stat. 232). [FR Doc. 2015–05408 Filed 3–6–15; 8:45 am] read background documents or
BILLING CODE 4910–13–P comments, go to http://
On March 2, 2015, the FAA
www.regulations.gov at any time or
determined that the request to release
Room W12–140 on the ground level of
property from aeronautical use at the the West Building, 1200 New Jersey
DEPARTMENT OF TRANSPORTATION
Grand Junction Regional Airport Avenue SE., Washington, DC, between 9
submitted by the Grand Junction Federal Motor Carrier Safety a.m. and 5 p.m., Monday through
Regional Airport Authority meets the Administration Friday, except Federal holidays. The
procedural requirements of the Federal Federal Docket Management System
[Docket No. FMCSA–2008–0398]
Aviation Administration. The FAA may (FDMS) is available 24 hours each day,
approve the request, in whole or in part, Qualification of Drivers; Exemption 365 days each year. If you want
no later than April 8, 2015. Applications; Vision acknowledgment that we received your
The following is a brief overview of comments, please include a self-
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
the request:
Administration (FMCSA), DOT. postcard or print the acknowledgement
The Grand Junction Regional Airport ACTION: Notice of renewal of page that appears after submitting
Authority is proposing the release from exemptions; request for comments. comments on-line.
the aeronautical use terms, conditions, Privacy Act: In accordance with 5
reservations, and restrictions on 37.057 SUMMARY: FMCSA announces its U.S.C. 553(c), DOT solicits comments
acres parcel of property conveyed to the decision to renew the exemptions from from the public to better inform its
City of Grand Junction on September 14, the vision requirement in the Federal rulemaking process. DOT posts these
1951 pursuant to Section 16 of the Motor Carrier Safety Regulations for 11 comments, without edit, including any
Federal Airport Act. All Section 16 individuals. FMCSA has statutory personal information the commenter
property at the airport was subsequently authority to exempt individuals from provides, to www.regulations.gov, as
conveyed by the City of Grand Junction the vision requirement if the described in the system of records
to the Walker Field, Colorado, Public exemptions granted will not notice (DOT/ALL–14 FDMS), which can
Airport Authority by Warranty Deed compromise safety. The Agency has be reviewed at www.dot.gov/privacy.
dated March 24, 1975. On August 26, concluded that granting these
FOR FURTHER INFORMATION CONTACT:
exemption renewals will provide a level
1988, 18 acres (parcels F, G, I, J, and K) Charles A. Horan, III, Director, Carrier,
of safety that is equivalent to or greater
of the subject property was granted a Driver and Vehicle Safety Standards,
than the level of safety maintained
deed of release by the FAA to be 202–366–4001, fmcsamedical@dot.gov,
without the exemptions for these
released from aeronautical use, and commercial motor vehicle (CMV) FMCSA, Department of Transportation,
leased at fair market value in generating drivers. 1200 New Jersey Avenue SE., Room
airport revenue. In 2008, the airport W64–224, Washington, DC 20590–0001.
access road adjacent to the parcels DATES: This decision is effective April 6, Office hours are from 8:30 a.m. to 5 p.m.
previously released was upgraded and 2015. Comments must be received on or Monday through Friday, except Federal
realigned. Based on the new alignment before April 8, 2015. holidays.
the 18 acres previously released in 1988 ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
are included in this proposed release of bearing the Federal Docket Management
System (FDMS) numbers: Docket No. I. Background
37 acres as they overlap with the current
layout. The proposed release would [Docket No. FMCSA–2008–0398], using Under 49 U.S.C. 31136(e) and 31315,
allow for future non-aeronautical uses any of the following methods: FMCSA may renew an exemption from
that may include mixed-use • Federal eRulemaking Portal: Go to the vision requirements in 49 CFR
http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers
commercial, restaurants, hotels, retail
on-line instructions for submitting of CMVs in interstate commerce, for a
shops, industrial and manufacturing,
comments. two-year period if it finds ‘‘such
which are permitted under the current
• Mail: Docket Management Facility; exemption would likely achieve a level
Planned Airport Development zoning. U.S. Department of Transportation, 1200 of safety that is equivalent to or greater
The proceeds from the leasing of the New Jersey Avenue SE., West Building than the level that would be achieved
property will be at fair market value and Ground Floor, Room W12–140, absent such exemption.’’ The
the sponsor will utilize the revenue to Washington, DC 20590–0001. procedures for requesting an exemption
reinvest into future airport • Hand Delivery or Courier: West (including renewals) are set out in 49
development. Building Ground Floor, Room W12–140, CFR part 381.
Any person may inspect, by 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 II. Exemption Decision
appointment, the request in person at
the FAA office listed above under FOR p.m., Monday through Friday, except This notice addresses 11 individuals
mstockstill on DSK4VPTVN1PROD with NOTICES

FURTHER INFORMATION CONTACT. Federal Holidays. who have requested renewal of their
• Fax: 1–202–493–2251. exemptions in accordance with FMCSA
In addition, any person may, upon
Instructions: Each submission must procedures. FMCSA has evaluated these
appointment and request, inspect the include the Agency name and the 11 applications for renewal on their
application, notice and other documents docket number for this notice. Note that merits and decided to extend each
germane to the application in person at DOT posts all comments received exemption for a renewable two-year
the Grand Junction Regional Airport. without change to http:// period. They are:
www.regulations.gov, including any Michael L. Ayers (AL)

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Document Created: 2015-12-18 12:06:07
Document Modified: 2015-12-18 12:06:07

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 6, 2015. Comments must be received on or before April 8, 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 12547

80 FR 12547 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration