80 FR 18693 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 66 (April 7, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 66 (April 7, 2015)
| Page Range | 18693-18695 | |
| FR Document | 2015-07905 |
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)] [Notices] [Pages 18693-18695] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07905] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0300] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 51 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions were granted February 18, 2015. The exemptions expire on February 18, 2017. 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. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. [[Page 18694]] and 5 p.m., Monday through Friday, except Federal holidays. 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. II. Background On January 16, 2015, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (80 FR 2473). That notice listed 51 applicants' case histories. The 51 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-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 statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 51 applications on their merits and made a determination to grant exemptions to each of them. III. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive safely. The 51 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including refractive amblyopia, amblyopia, corneal scar, macular scar, advanced cataract, esotropia, aphakia, atypical macular degeneration, prosthetic eye, glaucoma, enucleation, strabismic amblyopia, central retinal vein occlusion, complete loss of vision, optic nerve hypoplasia, retinal detachment, macular hole, decreased vision, loss of central field, myopic macular degeneration, exotropia, ischemic optic neuropathy, high myopia, retinal vascular occlusion, full thickness macular hole, ophthalmic artery calcium embolus, optic nerve damage, and dense cataract. In most cases, their eye conditions were not recently developed. Thirty of the applicants were either born with their vision impairments or have had them since childhood. The 21 individuals that sustained their vision conditions as adults have had it for a range of four to 56 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor's opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors' opinions are supported by the applicants' possession of valid commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or non-CDL, these 51 drivers have been authorized to drive a CMV in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. They have driven CMVs with their limited vision in careers ranging from two to 50 years. In the past three years, five of the drivers were involved in crashes and six were convicted of moving violations in a CMV. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the January 16, 2015 notice (80 FR 2473). IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, our analysis focuses on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting him or her to driving in intrastate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered the medical reports about the applicants' vision as well as their driving records and experience with the vision deficiency. To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA-1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrate the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors--such as age, sex, geographic location, mileage driven and conviction history--are used every day by insurance companies and motor [[Page 18695]] vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ``Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,'' Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 51 applicants, five of the drivers were involved in crashes, and six were convicted of moving violations in a CMV. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants' ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants' intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 51 applicants listed in the notice of January 16, 2015 (80 FR 2473). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 51 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency's vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement 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 provide 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, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments FMCSA received three comments in this proceeding. The comments are discussed below. Letitia Robinson, David Wang, and Eliezer Lebron are all in favor of granting Vantha Yeam an exemption from the Federal vision standard. IV. Conclusion Based upon its evaluation of the 51 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): David C. Berger (PA) Phillip J. Boes (MN) Ronald Bostick (SC) Raymond L. Bradshaw (TX) Ricky D. Cain (NM) Jeffrey L. Coachman (NY) Dewayne L. Cunningham (IL) Robert W. Cushing (NH) Joel K. Cutchin (VA) Keith Dionisi (MI) Wolfgang K. Faulkingham (ME) John D. Fortino Jr. (NY) Ricky J. Franklin (OR) James P. Gapinski (MN) Harley D. Gray (IL) David N. Groff (PA) Robert J. Hansen (MN) Adrian Haro (CO) Kevin L. Himes (CO) Ervin A. James, Jr. (NC) Jeffrey G. Kalla (NV) Jackie Lee (FL) Joseph J. Lewis (WA) Keith A. Looney, Jr. (AR) Van C. Mac (IL) Michael P. McCabe (MI) Chris D. McCance (IL) Michael W. McCann (VA) O'Dell M. McKnight (SC) Anthony R. Melton (SC) Preston S. Nehring (FL) Dennis J. Oie (MN) Orlan R. Ott (IA) Rodney W. Phelps (KY) Leonardo Polonski (MA) Don C. Powell, Jr. (NY) Luis A. Ramos (FL) Kevin C. Rich (NC) Ronald D. Schwab (MN) Gary W. Shelton, Jr. (FL) Gerardo Silva (IL) James A. Spittal (OR) Paul J. Stewart (CO) David A. Stinelli (PA) Ingrid V. Taylor (MI) Roger A. Thein, Jr. (WI) Russell E. Ward (NH) Bobby M. Warren (KY) Steven E. Williams (GA) Rex A. Wright (IL) Vantha Yeam (PA) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked 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 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: April 1, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-07905 Filed 4-6-15; 8:45 am] BILLING CODE CODE 4910-EX-P
![Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices 18693
APPENDIX TO NOTICE OF APPLICATION FOR RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION (APA) EXEMPTION
FROM THE 14-HOUR HOS RULE DURING 2015 AND 2016 INDEPENDENCE DAY CELEBRATIONS FOR 50 MOTOR CAR-
RIERS—Continued
Motor carrier Street address City, state, zip code DOT No.
27 Martin & Ware Inc. dba Pyro City Maine & Central P.O. Box 322 ............................ Hallowell, ME 04347 ................ 734974
Maine Pyrotechnics.
28 Melrose Pyrotechnics, Inc .............................................. 1 Kinsgubury Industrial Park .... Kingsbury, IN 46345 ................. 434586
29 Precocious Pyrotechnics, Inc ......................................... 4420–278th Ave NW ................ Belgrade, MN 56312 ................ 435931
30 Pyro Engineering Inc., dba/Bay Fireworks ..................... 400 Broadhollow Rd. Ste #3 .... Farmindale, NY 11735 ............. 530262
31 Pyro Shows Inc ............................................................... P.O. Box 1776 .......................... LaFollette, TN 37766 ................ 456818
32 Pyro Spectacluars, Inc .................................................... 3196 N Locust Ave ................... Rialto, CA 92376 ...................... 029329
33 Pyro Spectaculars North, Inc .......................................... 5301 Lang Avenue ................... McClellan, CA 95652 ............... 1671438
34 Pyrotechnic Display, Inc ................................................. 8450 W. St. Francis Rd ............ Frankfort, IL 60423 ................... 1929883
35 Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.) ....... 302 Wilson Rd .......................... New Castle, PA 16105 ............. 526749
36 Pyrotecnico, LLC ............................................................ 60 West Ct ............................... Mandeville, LA 70471 ............... 548303
37 Pyrotecnico FX ............................................................... 6965 Speedway Blvd. Suite Las Vegas, NV 89115 .............. 1610728
115.
38 Rainbow Fireworks, Inc .................................................. 76 Plum Ave ............................. Inman, KS 67546 ..................... 1139643
39 RES Specialty Pyrotechnics ........................................... 21595 286th St ......................... Belle Plaine, MN 56011 ........... 523981
40 Rozzi’s Famous Fireworks, Inc ...................................... 11605 North Lebanon Rd ......... Loveland, OH 45140 ................ 0483686
41 Skyworks, Ltd ................................................................. 13513 W. Carrier Rd ................ Carrier, OK 73727 .................... 1421047
42 Spielbauer Fireworks Co, Inc ......................................... 220 Roselawn Blvd .................. Green Bay, WI 54301 .............. 046479
43 Starfire Corporation ........................................................ 682 Cole Road ......................... Carrolltown, PA 15722 ............. 554645
44 Vermont Fireworks Co., Inc./Northstar Fireworks Co., 2235 Vermont Route 14 South East Montpelier, VT 05651 ...... 310632
Inc.
45 Western Display Fireworks, Ltd ...................................... 10946 S. New Era Rd .............. Canby, OR 97013 .................... 498941
46 Western Enterprises, Inc ................................................ P.O. Box 160 ............................ Carrier, OK 73727 .................... 203517
47 Western Fireworks, Inc ................................................... 14592 Ottaway Road NE ......... Aurora, OR 97002 .................... 838585
48 Wolverine Fireworks Display, Inc ................................... 205 W Seidlers ......................... Kawkawlin, MI .......................... 376857
49 Young Explosives Corp. ................................................. P.O. Box 18653 ........................ Rochester, NY 14618 ............... 450304
50 Zambelli Fireworks MFG, Co., Inc .................................. P.O. Box 1463 .......................... New Castle, PA 16103 ............. 033167
APPENDIX TO NOTICE OF APPLICATION FOR RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION EXEMPTION FROM THE
14-HOUR HOS RULE DURING 2015 AND 2016 INDEPENDENCE DAY CELEBRATIONS FOR 5 MOTOR CARRIERS NOT
PREVIOUSLY EXEMPTED
Motor carrier Street address City, state, zip code DOT No.
1 Pyro Shows of Texas, Inc ..................... 6601 9 Mile Azle Rd ............................. Fort Worth, TX 76135 ........................... 2432196
2 Sorgi American Fireworks Michigan, 935 Wales Ridge Rd ............................. Wales, MI 48027 ................................... 2475727
LLC.
3 Spirit of 76 ............................................. 6401 West Hwy 40 ................................ Columbia, MO 65202 ............................ 2138948
4 USA Halloween Planet Inc. dba USA 7800 Record Street, Suite A ................. Indianapolis, IN 46226 .......................... 725457
Fireworks.
5 Arthur Rozzi Pyrotechnics ..................... 6607 Red Hawk Ct ................................ Maineville, OH 45039 ............................ 2008107
[FR Doc. 2015–07906 Filed 4–6–15; 8:45 am] vision requirement in one eye for W64–224, Washington, DC 20590–0001.
BILLING CODE CODE 4910–EX–P various reasons. The exemptions will Office hours are from 8:30 a.m. to 5
enable these individuals to operate p.m., Monday through Friday, except
commercial motor vehicles (CMVs) in Federal holidays. If you have questions
DEPARTMENT OF TRANSPORTATION interstate commerce without meeting on viewing or submitting material to the
the prescribed vision requirement in docket, contact Docket Services,
Federal Motor Carrier Safety one eye. The Agency has concluded that telephone (202) 366–9826.
Administration granting these exemptions will provide SUPPLEMENTARY INFORMATION:
[Docket No. FMCSA–2014–0300]
a level of safety that is equivalent to or
greater than the level of safety I. Electronic Access
Qualification of Drivers; Exemption maintained without the exemptions for
You may see all the comments online
Applications; Vision these CMV drivers.
through the Federal Document
DATES: The exemptions were granted Management System (FDMS) at http://
AGENCY: Federal Motor Carrier Safety
February 18, 2015. The exemptions www.regulations.gov.
mstockstill on DSK4VPTVN1PROD with NOTICES
Administration (FMCSA), DOT.
expire on February 18, 2017. Docket: For access to the docket to
ACTION: Notice of final disposition.
FOR FURTHER INFORMATION CONTACT: read background documents or
SUMMARY: FMCSA announces its Charles A. Horan, III, Director, Carrier, comments, go to http://
decision to exempt 51 individuals from Driver and Vehicle Safety Standards, www.regulations.gov and/or Room
the vision requirement in the Federal (202) 366–4001, fmcsamedical@dot.gov, W12–140 on the ground level of the
Motor Carrier Safety Regulations FMCSA, Department of Transportation, West Building, 1200 New Jersey Avenue
(FMCSRs). They are unable to meet the 1200 New Jersey Avenue SE., Room SE., Washington, DC, between 9 a.m.
VerDate Sep<11>2014 18:59 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1](https://thefederalregister.org/doc/80_FR_18759/page/1.svg)
![Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices 18695
vehicle bureaus to predict the listed in the notice of January 16, 2015 Harley D. Gray (IL)
probability of an individual (80 FR 2473). David N. Groff (PA)
experiencing future crashes (See Weber, We recognize that the vision of an
applicant may change and affect his/her Robert J. Hansen (MN)
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression ability to operate a CMV as safely as in Adrian Haro (CO)
Analysis of a Poisson Process,’’ Journal the past. As a condition of the Kevin L. Himes (CO)
of American Statistical Association, exemption, therefore, FMCSA will Ervin A. James, Jr. (NC)
June 1971). A 1964 California Driver impose requirements on the 51
Record Study prepared by the California individuals consistent with the Jeffrey G. Kalla (NV)
Department of Motor Vehicles grandfathering provisions applied to Jackie Lee (FL)
concluded that the best overall crash drivers who participated in the Joseph J. Lewis (WA)
predictor for both concurrent and Agency’s vision waiver program. Keith A. Looney, Jr. (AR)
nonconcurrent events is the number of Those requirements are found at 49
single convictions. This study used 3 CFR 391.64(b) and include the Van C. Mac (IL)
consecutive years of data, comparing the following: (1) That each individual be Michael P. McCabe (MI)
experiences of drivers in the first 2 years physically examined every year (a) by Chris D. McCance (IL)
with their experiences in the final year. an ophthalmologist or optometrist who Michael W. McCann (VA)
Applying principles from these attests that the vision in the better eye
studies to the past 3-year record of the continues to meet the requirement in 49 O’Dell M. McKnight (SC)
51 applicants, five of the drivers were CFR 391.41(b)(10) and (b) by a medical Anthony R. Melton (SC)
involved in crashes, and six were examiner who attests that the individual Preston S. Nehring (FL)
convicted of moving violations in a is otherwise physically qualified under Dennis J. Oie (MN)
CMV. All the applicants achieved a 49 CFR 391.41; (2) that each individual
record of safety while driving with their provide a copy of the ophthalmologist’s Orlan R. Ott (IA)
vision impairment, demonstrating the or optometrist’s report to the medical Rodney W. Phelps (KY)
likelihood that they have adapted their examiner at the time of the annual Leonardo Polonski (MA)
driving skills to accommodate their medical examination; and (3) that each
condition. As the applicants’ ample Don C. Powell, Jr. (NY)
individual provide a copy of the annual
driving histories with their vision medical certification to the employer for Luis A. Ramos (FL)
deficiencies are good predictors of retention in the driver’s qualification Kevin C. Rich (NC)
future performance, FMCSA concludes file, or keep a copy in his/her driver’s Ronald D. Schwab (MN)
their ability to drive safely can be qualification file if he/she is self-
projected into the future. Gary W. Shelton, Jr. (FL)
employed. The driver must have a copy
We believe that the applicants’ Gerardo Silva (IL)
of the certification when driving, for
intrastate driving experience and history presentation to a duly authorized James A. Spittal (OR)
provide an adequate basis for predicting Federal, State, or local enforcement Paul J. Stewart (CO)
their ability to drive safely in interstate official.
commerce. Intrastate driving, like David A. Stinelli (PA)
interstate operations, involves V. Discussion of Comments Ingrid V. Taylor (MI)
substantial driving on highways on the FMCSA received three comments in Roger A. Thein, Jr. (WI)
interstate system and on other roads this proceeding. The comments are Russell E. Ward (NH)
built to interstate standards. Moreover, discussed below.
driving in congested urban areas Bobby M. Warren (KY)
Letitia Robinson, David Wang, and
exposes the driver to more pedestrian Eliezer Lebron are all in favor of Steven E. Williams (GA)
and vehicular traffic than exists on granting Vantha Yeam an exemption Rex A. Wright (IL)
interstate highways. Faster reaction to from the Federal vision standard. Vantha Yeam (PA)
traffic and traffic signals is generally
required because distances between IV. Conclusion In accordance with 49 U.S.C. 31136(e)
them are more compact. These Based upon its evaluation of the 51 and 31315, each exemption will be valid
conditions tax visual capacity and exemption applications, FMCSA for 2 years unless revoked earlier by
driver response just as intensely as exempts the following drivers from the FMCSA. The exemption will be revoked
interstate driving conditions. The vision requirement in 49 CFR if: (1) The person fails to comply with
veteran drivers in this proceeding have 391.41(b)(10), subject to the the terms and conditions of the
operated CMVs safely under those requirements cited above (49 CFR exemption; (2) the exemption has
conditions for at least 3 years, most for 391.64(b)): resulted in a lower level of safety than
much longer. Their experience and was maintained before it was granted; or
David C. Berger (PA)
driving records lead us to believe that Phillip J. Boes (MN) (3) continuation of the exemption would
each applicant is capable of operating in Ronald Bostick (SC) not be consistent with the goals and
interstate commerce as safely as he/she Raymond L. Bradshaw (TX) objectives of 49 U.S.C. 31136 and 31315.
has been performing in intrastate Ricky D. Cain (NM) If the exemption is still effective at the
commerce. Consequently, FMCSA finds Jeffrey L. Coachman (NY) end of the 2-year period, the person may
mstockstill on DSK4VPTVN1PROD with NOTICES
that exempting these applicants from Dewayne L. Cunningham (IL) apply to FMCSA for a renewal under
the vision requirement in 49 CFR Robert W. Cushing (NH) procedures in effect at that time.
391.41(b)(10) is likely to achieve a level Joel K. Cutchin (VA) Issued on: April 1, 2015.
of safety equal to that existing without Keith Dionisi (MI)
the exemption. For this reason, the Larry W. Minor,
Wolfgang K. Faulkingham (ME)
Agency is granting the exemptions for John D. Fortino Jr. (NY) Associate Administrator for Policy.
the 2-year period allowed by 49 U.S.C. Ricky J. Franklin (OR) [FR Doc. 2015–07905 Filed 4–6–15; 8:45 am]
31136(e) and 31315 to the 51 applicants James P. Gapinski (MN) BILLING CODE CODE 4910–EX–P
VerDate Sep<11>2014 17:46 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00110 Fmt 4703 Sfmt 9990 E:\FR\FM\07APN1.SGM 07APN1](https://thefederalregister.org/doc/80_FR_18759/page/3.svg)
Document Created: 2018-02-21 10:05:10
Document Modified: 2018-02-21 10:05:10
| 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 final disposition. | |
| Dates | The exemptions were granted February 18, 2015. The exemptions expire on February 18, 2017. | |
| 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. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. | |
| FR Citation | 80 FR 18693 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR