80 FR 14220 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range		14220-14222
FR Document		2015-06177

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 52 (Wednesday, March 18, 2015)

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14220-14222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06177]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0022]


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 16, 2015. Comments must be 
received on or before April 17, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2013-
0022], 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

[[Page 14221]]

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, 
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: 

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:

Terry R. Hunt (FL)
Sebastian G. Jachymiak (IL)
Geron Lopez-Padilla (CT)
James P. O'Berry (GA)
Mark A. Omps (WV)
Larry B. Peterson (AR)
Franklin P. Reigle III (MD)
Phillip Schaub (CO)
George Stapleton (GA)
James K. Waites (AR)
Scott Wallbank (MA)

    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 (78 FR 12815; 78 FR 22602). 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-2013-0022), 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-2013-0022'' 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-2013-0022'' 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.


[[Page 14222]]


    Issued on: March 11, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06177 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P

14222 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices

Issued on: March 11, 2015. Room W12–140 on the ground level of installation of a camera based collision
Larry W. Minor, the West Building, 1200 New Jersey avoidance system in up to several hundred
Avenue SE., Washington, DC, between 9 thousand commercial motor vehicles. The
Associate Administrator for Policy.
camera based sensor equipment to be
[FR Doc. 2015–06177 Filed 3–17–15; 8:45 am] a.m. and 5 p.m., ET, Monday through
installed is going to be located at either the
BILLING CODE 4910–EX–P
Friday, except Federal holidays. The on- bottom or top of the windshield, but will be
line Federal document management in the swept area of the windshield wipers
system is available 24 hours each day, because the safety equipment must have a
DEPARTMENT OF TRANSPORTATION 365 days each year. The docket number clear forward facing view of the road.
is listed at the beginning of this notice. This system is the same technology that
Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION: Mobileye provides to carmakers such as
Administration Ford, GM, Honda and many others. These
Background companies have deployed over two million
[Docket No. FMCSA–2014–0037] vehicles with this technology. Collision
FMCSA has authority under 49 U.S.C. avoidance systems, in particular those that
Parts and Accessories Necessary for 31136(e) and 31315 to grant exemptions have the main features of Mobileye, have
Safe Operation; Mobileye, Inc., from certain parts of the Federal Motor been noted by NHTSA, NTSB and FMCSA as
Carrier Safety Regulations. FMCSA must key safety equipment in both cars and trucks.
Application for an Exemption
publish a notice of each exemption Recently, the NTSB cited this type of
AGENCY: Federal Motor Carrier Safety request in the Federal Register (49 CFR collision avoidance system as part of its top
Administration (FMCSA), DOT. 381.315(a)). The Agency must provide ten ‘‘most wanted’’ advocacy priorities.
the public an opportunity to inspect the FMCSA itself has recommended Forward
ACTION: Notice of final disposition. Collision Warning and Lane Departure
information relevant to the application, Warning, just two of Mobileye features.
SUMMARY: The Federal Motor Carrier including any safety analyses that have Mobileye seeks exemption for the aftermarket
Safety Administration (FMCSA) been conducted. The Agency must also (field retrofitable) version of this technology.
announces its decision to grant provide an opportunity for public With the exemption, Mobileye will be able
Mobileye, Inc.’s (Mobileye) exemption comment on the request. to install the camera based collision
application to enable motor carriers to The Agency reviews safety analyses avoidance system in a location which will
utilize its camera-based collision and public comments submitted, and offer the best opportunity to optimize the
determines whether granting the data and evaluate the benefits of such a
avoidance systems (CAS) mounted
exemption would likely achieve a level system as well as maximize safety benefits.
within the swept area of the windshield
wipers. The Federal Motor Carrier of safety equivalent to, or greater than, FMCSA published a notice of the
Safety Regulations (FMCSRs) currently the level that would be achieved by the application in the Federal Register on
require antennas, transponders, and current regulation (49 CFR 381.305). July 2, 2014, and asked for public
similar devices to be located outside the The decision of the Agency must be comment (79 FR 37841).
area swept by the windshield wipers. published in the Federal Register (49
Comments
The Mobileye CAS is able to warn CFR 381.315(b)) with the reasons for
drivers of potential hazards by detecting denying or granting the application and, In response to its notice requesting
other vehicles, pedestrians and cyclists if granted, the name of the person or public comment, the Agency received
on the road, and lane markings and class of persons receiving the one comment from the American
traffic signs. The Agency believes the exemption, and the regulatory provision Trucking Associations (ATA). The ATA
use of the CAS promotes improved from which the exemption is granted. stated that it ‘‘strongly supports’’
safety performance and that the The notice must also specify the granting the exemption to allow use of
placement of the system in the swept effective period and explain the terms the Mobileye CAS in commercial motor
area of the windshield wipers will not and conditions of the exemption. The vehicles. The ATA noted that ‘‘Safety
obstruct drivers’ view of the roadway exemption may be renewed (49 CFR technology companies have been
and potential hazards. The Agency has 381.300(b)). working with many ATA members to
concluded that the limited 2-year help reduce carrier crash involvement
Mobileye’s Application for Exemption
exemption will achieve a level of safety rates using their technologies. As a
Mobileye applied for an exemption result, many of our member companies
equivalent to or greater than the level of from 49 CFR 393.60(e)(1) to allow the
safety provided by the rule restricting have seen significant decreases in the
installation of a CAS system on several number of at-fault collisions and near
the placement of devices in the thousand commercial motor vehicles. A
windshield area. misses.’’
copy of the application is included in
DATES: This exemption is effective the docket referenced at the beginning FMCSA Decision
March 18, 2015 and ending March 20, of this notice. The FMCSA has evaluated the
2017. Section 393.60(e)(1) of the FMCSRs Mobileye exemption application. The
FOR FURTHER INFORMATION CONTACT: Mr. prohibits the obstruction of the driver’s Agency believes that granting the
Mike Huntley, Vehicle and Roadside field of view by devices mounted at the temporary exemption to allow
Operations Division, Office of Carrier, top of the windshield. Antennas, placement of the Mobileye CAS system
Driver, and Vehicle Safety, MC–PSV, transponders and similar devices must sensor in the upper or lower portion of
(202) 366–5370, Federal Motor Carrier not be mounted more than 152 mm (6 the windshield, within the swept area of
Safety Administration, 1200 New Jersey inches) below the upper edge of the the windshield wipers, will provide a
windshield. These devices must be
mstockstill on DSK4VPTVN1PROD with NOTICES

Avenue SE., Washington, DC 20590– level of safety that is equivalent to, or
0001. located outside the area swept by the greater than, the level of safety achieved
Docket: For access to the docket to windshield wipers and outside the without the exemption because (1)
read background documents or driver’s sight lines to the road and based on the technical information
comments submitted to notice highway signs and signals. available, there is no indication that the
requesting public comments on the In its application, Mobileye stated: CAS sensor would obstruct drivers’
exemption application, go to Mobileye is making this request because views of the roadway, highway signs
www.regulations.gov at any time or visit we are coordinating device development and and surrounding traffic; (2) generally,

VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1

Document Created: 2018-02-21 09:39:42
Document Modified: 2018-02-21 09:39:42

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 16, 2015. Comments must be received on or before April 17, 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 14220

80 FR 14220 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration