80 FR 16500 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range		16500-16502
FR Document		2015-07046

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 22 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 59 (Friday, March 27, 2015)

[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16500-16502]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07046]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-
2003-14223; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; 
FMCSA-2008-0398; FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-2010-0372; 
FMCSA-2011-0010; 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 
22 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 21, 2015. Comments must be 
received on or before April 27, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2003-14223; FMCSA-2005-
20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0398; FMCSA-2010-
0187; FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-0010; 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 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

[[Page 16501]]

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 22 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 22 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Roger B. Anders (MD)
John D. Bolding, Jr. (OK)
David B. Bowman (PA)
Benny J. Burke (AL)
Michael P. Curtin (IL)
Elias Gomez, Jr. (TX)
James G. Etheridge (TX)
Michael E. Herrera, Jr. (NM)
Michael R. Holmes (SD)
Mark C. Jeffrey (MT)
James R. Petre (MD)
Gary W. Pope (AK)
Zeljko Popovac (VT)
Jerald W. Rehnke (MN)
Wayne G. Resch (WI)
James R. Rieck (CA)
Raymond E. Royer (SD)
Richie J. Schwendy (IL)
Bill J. Thierolf (NE)
Janusz Tyrpien (FL)
James H. Wallace, Sr. (FL)
Charles F. Wotring (OH)

    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 22 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (57 FR 57266; 65 FR 57230; 65 FR 66286; 66 FR 13825; 67 FR 
68719; 68 FR 2629; 68 FR 10300; 68 FR 10301; 68 FR 13360; 68 FR 19596; 
69 FR 62741; 70 FR 12265; 70 FR 14747; 70 FR 16886; 70 FR 16887; 70 FR 
2701; 70 FR 7546; 71 FR 62147; 71 FR 63379; 72 FR 180; 72 FR 1050; 72 
FR 7111; 72 FR 9397; 72 FR 11425; 72 FR 11426; 72 FR 18726; 73 FR 
20245; 73 FR 75806; 73 FR 78422; 74 FR 7097; 74 FR 8302; 74 FR 11991; 
74 FR 15584; 75 FR 47883; 75 FR 63257; 75 FR 69737; 76 FR 1499; 76 FR 
7894; 76 FR 8809; 76 FR 9856; 76 FR 11215; 76 FR 12216; 76 FR 15361; 76 
FR 17483; 76 FR 20076; 76 FR 20078; 77 FR 60010; 78 FR 12815; 78 FR 
16761; 78 FR 16762; 78 FR 18667; 78 FR 22602). Each of these 22 
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-2000-7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2003-
14223; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-
2008-0398; FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-
2011-0010; 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-2000-7006; FMCSA-2000-7918; FMCSA-2002-
12844; FMCSA-2003-14223; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-
2006-26066; FMCSA-2008-0398; FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-
2010-0372; FMCSA-2011-0010; 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-2000-7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2003-14223; 
FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0398; 
FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-

[[Page 16502]]

0010; 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., ET., 
Monday through Friday, except Federal holidays.

    Issued on: March 19, 2015.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-07046 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-EX-P

16500 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

Alan T. Von Lintel (PA); Philip Stewart (CA); Keith White • Federal eRulemaking Portal: Go to
Mr. Von Lintel is a 60 year-old driver (PA); and Alan Von Lintel (KS) from the http://www.regulations.gov. Follow the
in Kansas. He has a history of a seizure prohibition of CMV operations by on-line instructions for submitting
disorder and has remained seizure free persons with a clinical diagnosis of comments.
since 2004. He takes anti-seizure epilepsy or seizures. If the exemption is • Mail: Docket Management Facility;
medication with the dosage and still in effect at the end of the 2-year U.S. Department of Transportation, 1200
frequency remaining the same since July period, the person may apply to FMCSA New Jersey Avenue SE., West Building
2012. If granted the exemption, he for a renewal under procedures in effect Ground Floor, Room W12–140,
would like to drive a CMV. His at that time. Washington, DC 20590–0001.
physician states that he is supportive of Issued on: March 19, 2015. • Hand Delivery or Courier: West
Mr. Von Lintel receiving an exemption. Larry W. Minor,
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
E. Basis for Exemption Associate Administrator for Policy.
Washington, DC, between 9 a.m. and
[FR Doc. 2015–07051 Filed 3–26–15; 8:45 am]
Under 49 U.S.C. 31136(e) and 5 p.m., Monday through Friday, except
BILLING CODE 4910–EX–P Federal Holidays.
31315(b), FMCSA may grant an
exemption from the epilepsy/seizure • Fax: 1–202–493–2251.
standard in 49 CFR 391.41(b)(8) if the Instructions: Each submission must
DEPARTMENT OF TRANSPORTATION include the Agency name and the
exemption is likely to achieve an
equivalent or greater level of safety than Federal Motor Carrier Safety docket number for this notice. Note that
would be achieved without the Administration DOT posts all comments received
exemption. Without the exemption, without change to http://
applicants will continue to be restricted [Docket No. FMCSA–2000–7006; FMCSA– www.regulations.gov, including any
2000–7918; FMCSA–2002–12844; FMCSA– personal information included in a
to intrastate driving. With the 2003–14223; FMCSA–2005–20027; FMCSA–
exemption, applicants can drive in comment. Please see the Privacy Act
2006–25246; FMCSA–2006–26066; FMCSA– heading below.
interstate commerce. Thus, the Agency’s 2008–0398; FMCSA–2010–0187; FMCSA–
analysis focuses on whether an equal or 2010–0287; FMCSA–2010–0372; FMCSA–
Docket: For access to the docket to
greater level of safety is likely to be 2011–0010; FMCSA–2013–0022] read background documents or
achieved by permitting each of these comments, go to http://
drivers to drive in interstate commerce Qualification of Drivers; Exemption www.regulations.gov at any time or
as opposed to restricting the driver to Applications; Vision Room W12–140 on the ground level of
driving in intrastate commerce. the West Building, 1200 New Jersey
AGENCY: Federal Motor Carrier Safety Avenue SE., Washington, DC, between
Conclusion Administration (FMCSA), DOT. 9 a.m. and 5 p.m., Monday through
The Agency is granting exemptions ACTION: Notice of renewal of Friday, except Federal holidays. The
from the epilepsy standard, 49 CFR exemptions; request for comments. Federal Docket Management System
391.41(b)(8), to 8 individuals based on (FDMS) is available 24 hours each day,
SUMMARY: FMCSA announces its 365 days each year. If you want
a thorough evaluation of each driver’s decision to renew the exemptions from
safety experience, and medical acknowledgment that we received your
the vision requirement in the Federal comments, please include a self-
condition. Safety analysis of Motor Carrier Safety Regulations for 22
information relating to these 8 addressed, stamped envelope or
individuals. FMCSA has statutory postcard or print the acknowledgement
applicants meets the burden of showing authority to exempt individuals from
that granting the exemptions would page that appears after submitting
the vision requirement if the comments on-line.
achieve a level of safety that is exemptions granted will not
equivalent to or greater than the level Privacy Act: In accordance with 5
compromise safety. The Agency has U.S.C. 553(c), DOT solicits comments
that would be achieved without the concluded that granting these
exemption. By granting the exemptions, from the public to better inform its
exemption renewals will provide a level rulemaking process. DOT posts these
the interstate CMV industry will gain 8 of safety that is equivalent to or greater
highly trained and experienced drivers. comments, without edit, including any
than the level of safety maintained personal information the commenter
In accordance with 49 U.S.C. without the exemptions for these
31315(b)(1), each exemption will be provides, to www.regulations.gov, as
commercial motor vehicle (CMV) described in the system of records
valid for 2 years, with annual drivers.
recertification required unless revoked notice (DOT/ALL–14 FDMS), which can
earlier by FMCSA. The exemption will DATES: This decision is effective April be reviewed at www.dot.gov/privacy.
be revoked if the following occurs: (1) 21, 2015. Comments must be received FOR FURTHER INFORMATION CONTACT:
The person fails to comply with the on or before April 27, 2015. Charles A. Horan, III, Director, Carrier,
terms and conditions of the exemption; ADDRESSES: You may submit comments Driver and Vehicle Safety Standards,
(2) the exemption has resulted in a bearing the Federal Docket Management 202–366–4001, fmcsamedical@dot.gov,
lower level of safety than was System (FDMS) numbers: Docket No. FMCSA, Department of Transportation,
maintained prior to being granted; or (3) [Docket No. FMCSA–2000–7006; 1200 New Jersey Avenue SE., Room
continuation of the exemption would FMCSA–2000–7918; FMCSA–2002– W64–224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
mstockstill on DSK4VPTVN1PROD with NOTICES

not be consistent with the goals and 12844; FMCSA–2003–14223; FMCSA–
objectives of 49 U.S.C. 31136 and 31315. 2005–20027; FMCSA–2006–25246; Monday through Friday, except Federal
FMCSA exempts the following 8 FMCSA–2006–26066; FMCSA–2008– holidays.
drivers for a period of 2 years with 0398; FMCSA–2010–0187; FMCSA– SUPPLEMENTARY INFORMATION:
annual medical certification required: 2010–0287; FMCSA–2010–0372;
Thomas Avery (NY); Michael FMCSA–2011–0010; FMCSA–2013– I. Background
Berthiaume (MN); Leo Clemens (PA); 0022], using any of the following Under 49 U.S.C. 31136(e) and 31315,
Danny Grafton (ID); Kenneth Peachey methods: FMCSA may renew an exemption from

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Document Created: 2015-12-18 11:36:17
Document Modified: 2015-12-18 11:36:17

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 21, 2015. Comments must be received on or before April 27, 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 16500

80 FR 16500 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration