80 FR 15863 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range		15863-15864
FR Document		2015-06819

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 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 57 (Wednesday, March 25, 2015)

[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Pages 15863-15864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06819]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2004-19477; FMCSA-
2010-0372; FMCSA-2010-0385; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-
2012-0338]


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 
20 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 11, 2015. Comments must be 
received on or before April 24, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998-
4334; FMCSA-2000-7006; FMCSA-2004-19477; FMCSA-2010-0372; FMCSA-2010-
0385; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2012-0338], 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 20 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 20 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are: 
Gary W. Balcom (MI), Jimmie L. Blue (MT), Wesley M. Creamer (NM), Bruce 
J. Greil (WI), Thanh V. Ha (CA), Jack A. Hemelgarn (MN), Charles R. 
Hoeppner (MD), Paul J. Jones (NY), Lester H. Killingsworth (TX), 
Stephanie D. Klang (MO), Pedro G. Limon (TX), Kenneth H. Morris (NC), 
John F. Murphy (PA), Tracy J. Omeara (OR), Donald R. Pointer (CO), 
Virgil A. Potts (CO), Larry D. Robinson (MO), George D. Ruth (PA), 
Bobby Sawyers (PA), Benjamin Stone (VA).
    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

[[Page 15864]]

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 20 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 66226; 64 FR 16517; 65 FR 20245; 65 FR 57230; 66 FR 
17994; 67 FR 57266; 68 FR 15037; 69 FR 52471; 69 FR 64806; 70 FR 2705; 
70 FR 14747; 71 FR 55820; 72 FR 5489; 72 FR 12665; 74 FR 6207; 74 FR 
6211; 74 FR 9329; 75 FR 77492; 76 FR 1493; 76 FR 5425; 76 FR 7894; 76 
FR 8809; 76 FR 9856; 76 FR 9865; 76 FR 12408; 76 FR 15360; 76 FR 20076; 
76 FR 20078; 77 FR 74731; 78 FR 800; 78 FR 12811; 78 FR 12822; 78 FR 
16762). Each of these 20 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-1998-4334; FMCSA-2000-7006; FMCSA-2004-19477; FMCSA-2010-
0372; FMCSA-2010-0385; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2012-
0338), 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, got to http://www.regulations.gov 
and put the docket number, ``FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-
2004-19477; FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2010-0413; FMCSA-
2011-0010; FMCSA-2012-0338'' 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-1998-4334; FMCSA-2000-7006; FMCSA-2004-19477; FMCSA-2010-0372; 
FMCSA-2010-0385; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2012-0338'' 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 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06819 Filed 3-24-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices 15863

of Driver Compensation on Commercial authority to exempt individuals from Privacy Act: In accordance with 5
Motor Vehicle Safety,’’ to assess the the vision requirement if the U.S.C. 553(c), DOT solicits comments
current compensation practices of exemptions granted will not from the public to better inform its
commercial vehicle drivers and the compromise safety. The Agency has rulemaking process. DOT posts these
potential influence this may have on concluded that granting these comments, without edit, including any
safe commercial vehicle operations. The exemption renewals will provide a level personal information the commenter
document contained incorrect estimated of safety that is equivalent to or greater provides, to www.regulations.gov, as
times per response and estimated total than the level of safety maintained described in the system of records
annual burdens. without the exemptions for these notice (DOT/ALL–14 FDMS), which can
DATES: Comments are due April 24, commercial motor vehicle (CMV) be reviewed at www.dot.gov/privacy.
2015. drivers. FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT: Ms. DATES: This decision is effective April Charles A. Horan, III, Director, Carrier,
Theresa Hallquist, Telephone: 202–366– 11, 2015. Comments must be received Driver and Vehicle Safety Standards,
1064; email: theresa.hallquist@dot.gov. on or before April 24, 2015. 202–366–4001, fmcsamedical@dot.gov,
FMCSA, Department of Transportation,
Correction ADDRESSES: You may submit comments
1200 New Jersey Avenue SE., Room
bearing the Federal Docket Management W64–224, Washington, DC 20590–0001.
1. In the Federal Register of February System (FDMS) numbers: Docket No.
4, 2015, in FR Doc. 2015–02136, on page Office hours are from 8:30 a.m. to 5 p.m.
[Docket No. FMCSA–1998–4334; Monday through Friday, except Federal
6159, in the second column, correct the FMCSA–2000–7006; FMCSA–2004–
‘‘Estimated Time Per Response’’ holidays.
19477; FMCSA–2010–0372; FMCSA–
paragraph to read: 2010–0385; FMCSA–2010–0413; SUPPLEMENTARY INFORMATION:
Estimated Time per Response: FMCSA–2011–0010; FMCSA–2012– I. Background
Minimum response = 0.35; Maximum 0338], using any of the following
response = 1.18 hours. Under 49 U.S.C. 31136(e) and 31315,
methods:
2. In the Federal Register of February FMCSA may renew an exemption from
• Federal eRulemaking Portal: Go to
4, 2015, in FR Doc. 2015–02136, on page the vision requirements in 49 CFR
http://www.regulations.gov. Follow the
6159, in the third column, correct the 391.41(b)(10), which applies to drivers
on-line instructions for submitting
‘‘Estimated Total Annual Burden’’ of CMVs in interstate commerce, for a
comments.
paragraph to read: two-year period if it finds ‘‘such
• Mail: Docket Management Facility; exemption would likely achieve a level
Estimated Total Annual Burden: 1,611 U.S. Department of Transportation, 1200
hours (Group 1 is defined as very small of safety that is equivalent to or greater
New Jersey Avenue SE., West Building than the level that would be achieved
and small carriers and Group 2 is Ground Floor, Room W12–140,
defined as medium and large carriers. absent such exemption.’’ The
Washington, DC 20590–0001.
(1164 Group 1 respondents × 0.35 hour procedures for requesting an exemption
• Hand Delivery or Courier: West (including renewals) are set out in 49
= 407 hours) + (1020 Group 2
Building Ground Floor, Room W12–140,
respondents × 1.18 hours = 1,204 CFR part 381.
1200 New Jersey Avenue SE.,
hours)). II. Exemption Decision
Washington, DC, between 9 a.m. and 5
Issued under the authority of 49 CFR 1.87 p.m., Monday through Friday, except This notice addresses 20 individuals
on: March 13, 2015. Federal Holidays. who have requested renewal of their
Larry W. Minor, • Fax: 1–202–493–2251. exemptions in accordance with FMCSA
Associate Administrator for Policy. Instructions: Each submission must procedures. FMCSA has evaluated these
[FR Doc. 2015–06821 Filed 3–24–15; 8:45 am] include the Agency name and the 20 applications for renewal on their
BILLING CODE 4910–EX–P docket number for this notice. Note that merits and decided to extend each
DOT posts all comments received exemption for a renewable two-year
without change to http:// period. They are: Gary W. Balcom (MI),
DEPARTMENT OF TRANSPORTATION www.regulations.gov, including any Jimmie L. Blue (MT), Wesley M.
personal information included in a Creamer (NM), Bruce J. Greil (WI),
Federal Motor Carrier Safety comment. Please see the Privacy Act Thanh V. Ha (CA), Jack A. Hemelgarn
Administration heading below. (MN), Charles R. Hoeppner (MD), Paul
[Docket No. FMCSA–1998–4334; FMCSA– Docket: For access to the docket to J. Jones (NY), Lester H. Killingsworth
2000–7006; FMCSA–2004–19477; FMCSA– read background documents or (TX), Stephanie D. Klang (MO), Pedro G.
2010–0372; FMCSA–2010–0385; FMCSA– comments, go to http:// Limon (TX), Kenneth H. Morris (NC),
2010–0413; FMCSA–2011–0010; FMCSA– www.regulations.gov at any time or John F. Murphy (PA), Tracy J. Omeara
2012–0338] Room W12–140 on the ground level of (OR), Donald R. Pointer (CO), Virgil A.
the West Building, 1200 New Jersey Potts (CO), Larry D. Robinson (MO),
Qualification of Drivers; Exemption
Avenue SE., Washington, DC, between 9 George D. Ruth (PA), Bobby Sawyers
Applications; Vision
a.m. and 5 p.m., Monday through (PA), Benjamin Stone (VA).
AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The The exemptions are extended subject
Administration (FMCSA), DOT. Federal Docket Management System to the following conditions: (1) That
(FDMS) is available 24 hours each day, each individual has a physical
rljohnson on DSK3VPTVN1PROD with NOTICES

ACTION: Notice of renewal of
exemptions; request for comments. 365 days each year. If you want examination every year (a) by an
acknowledgment that we received your ophthalmologist or optometrist who
SUMMARY: FMCSA announces its comments, please include a self- attests that the vision in the better eye
decision to renew the exemptions from addressed, stamped envelope or continues to meet the requirements in
the vision requirement in the Federal postcard or print the acknowledgement 49 CFR 391.41(b)(10), and (b) by a
Motor Carrier Safety Regulations for 20 page that appears after submitting medical examiner who attests that the
individuals. FMCSA has statutory comments on-line. individual is otherwise physically

VerDate Sep<11>2014 15:26 Mar 24, 2015 Jkt 235001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1

Document Created: 2018-02-21 09:48:55
Document Modified: 2018-02-21 09:48:55

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 11, 2015. Comments must be received on or before April 24, 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 15863

80 FR 15863 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 57 (March 25, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration