80 FR 18696 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range		18696-18697
FR Document		2015-07908

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 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 66 (Tuesday, April 7, 2015)

[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18696-18697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07908]



[[Page 18696]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27333; FMCSA-2008-0398; FMCSA-2010-0082; FMCSA-
2010-0201; FMCSA-2010-0385; FMCSA-2010-0010; FMCSA-2010-0024; FMCSA-
2012-0338; 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.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
13 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 May 13, 2015. Comments must be 
received on or before May 7, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2007-
27333; FMCSA-2008-0398; FMCSA-2010-0082; FMCSA-2010-0201; FMCSA-2010-
0385; FMCSA-2010-0010; FMCSA-2010-0024; FMCSA-2012-0338; 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, 
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 13 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 13 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are: 
Toby L. Carson (TN), Ronnie Clark (ME), Adan Cortes-Juarez (WA), 
Vincent C. Durazzo, Jr. (CT), Johnnie L. Hall (MD), Randy M. Lane (PA), 
Michael O. Regentik (MI), Alvaro F. Rodriguez (TX), Esequiel Rodriguez, 
Jr. (TX), George K. Sizemore (NC), Donald E. Stone (VA), Edward Timpson 
(RI), Michael A. Zingarella (CT).
    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 13 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (72 FR 12666; 72 FR 25831; 74 FR 7097; 74 FR 15584; 74 FR 
15586; 75 FR 25919; 75 FR 39729; 75 FR 54958; 75 FR 70078; 75 FR 77942; 
76 FR 5425; 76 FR 9856; 76 FR 17481; 76 FR 20076; 76 FR 21796; 76 FR 
28125; 77 FR 36338; 77 FR 74731; 78 FR 12811; 78 FR 12815; 78 FR 16762; 
78 FR 18667; 78 FR 22596; 78 FR 22602; 78 FR 24300). Each of these 13 
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

[[Page 18697]]

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-2007-27333; FMCSA-2008-0398; FMCSA-2010-0082; FMCSA-2010-
0201; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2012-
0338; 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-2007-27333; FMCSA-2008-0398; FMCSA-2010-
0082; FMCSA-2010-0201; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-
0024; FMCSA-2012-0338; 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-2007-27333; FMCSA-2008-0398; FMCSA-2010-0082; FMCSA-2010-0201; 
FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2012-0338; 
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.

    Issued on: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07908 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-EX-P

18696 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices

DEPARTMENT OF TRANSPORTATION personal information included in a (WA), Vincent C. Durazzo, Jr. (CT),
comment. Please see the Privacy Act Johnnie L. Hall (MD), Randy M. Lane
Federal Motor Carrier Safety heading below. (PA), Michael O. Regentik (MI), Alvaro
Administration Docket: For access to the docket to F. Rodriguez (TX), Esequiel Rodriguez,
[Docket No. FMCSA–2007–27333; FMCSA– read background documents or Jr. (TX), George K. Sizemore (NC),
2008–0398; FMCSA–2010–0082; FMCSA– comments, go to http:// Donald E. Stone (VA), Edward Timpson
2010–0201; FMCSA–2010–0385; FMCSA– www.regulations.gov at any time or (RI), Michael A. Zingarella (CT).
2010–0010; FMCSA–2010–0024; FMCSA– Room W12–140 on the ground level of The exemptions are extended subject
2012–0338; FMCSA–2013–0022] the West Building, 1200 New Jersey to the following conditions: (1) That
Avenue SE., Washington, DC, between 9 each individual has a physical
Qualification of Drivers; Exemption a.m. and 5 p.m., Monday through examination every year (a) by an
Applications; Vision Friday, except Federal holidays. The ophthalmologist or optometrist who
Federal Docket Management System attests that the vision in the better eye
AGENCY: Federal Motor Carrier Safety
(FDMS) is available 24 hours each day, continues to meet the requirements in
Administration (FMCSA), DOT.
365 days each year. If you want 49 CFR 391.41(b)(10), and (b) by a
ACTION: Notice of renewal of
acknowledgment that we received your medical examiner who attests that the
exemptions; request for comments. individual is otherwise physically
comments, please include a self-
SUMMARY: FMCSA announces its addressed, stamped envelope or qualified under 49 CFR 391.41; (2) that
decision to renew the exemptions from postcard or print the acknowledgement each individual provides a copy of the
the vision requirement in the Federal page that appears after submitting ophthalmologist’s or optometrist’s
Motor Carrier Safety Regulations for 13 comments on-line. report to the medical examiner at the
individuals. FMCSA has statutory Privacy Act: In accordance with 5 time of the annual medical examination;
authority to exempt individuals from U.S.C. 553(c), DOT solicits comments and (3) that each individual provide a
the vision requirement if the from the public to better inform its copy of the annual medical certification
exemptions granted will not rulemaking process. DOT posts these to the employer for retention in the
compromise safety. The Agency has comments, without edit, including any driver’s qualification file and retains a
concluded that granting these personal information the commenter copy of the certification on his/her
exemption renewals will provide a level provides, to www.regulations.gov, as person while driving for presentation to
of safety that is equivalent to or greater described in the system of records a duly authorized Federal, State, or local
than the level of safety maintained notice (DOT/ALL–14 FDMS), which can enforcement official. Each exemption
without the exemptions for these be reviewed at www.dot.gov/privacy. will be valid for two years unless
commercial motor vehicle (CMV) rescinded earlier by FMCSA. The
FOR FURTHER INFORMATION CONTACT:
drivers. exemption will be rescinded if: (1) The
Charles A. Horan, III, Director, Carrier, person fails to comply with the terms
DATES: This decision is effective May Driver and Vehicle Safety Standards, and conditions of the exemption; (2) the
13, 2015. Comments must be received 202–366–4001, fmcsamedical@dot.gov, exemption has resulted in a lower level
on or before May 7, 2015. FMCSA, Department of Transportation, of safety than was maintained before it
ADDRESSES: You may submit comments 1200 New Jersey Avenue SE., Room was granted; or (3) continuation of the
bearing the Federal Docket Management W64–224, Washington, DC 20590–0001. exemption would not be consistent with
System (FDMS) numbers: Docket No. Office hours are from 8:30 a.m. to 5 p.m. the goals and objectives of 49 U.S.C.
[Docket No. FMCSA–2007–27333; Monday through Friday, except Federal 31136(e) and 31315.
FMCSA–2008–0398; FMCSA–2010– holidays.
SUPPLEMENTARY INFORMATION:
III. Basis for Renewing Exemptions
0082; FMCSA–2010–0201; FMCSA–
2010–0385; FMCSA–2010–0010; Under 49 U.S.C. 31315(b)(1), an
I. Background exemption may be granted for no longer
FMCSA–2010–0024; FMCSA–2012–
0338; FMCSA–2013–0022], using any of Under 49 U.S.C. 31136(e) and 31315, than two years from its approval date
the following methods: FMCSA may renew an exemption from and may be renewed upon application
• Federal eRulemaking Portal: Go to the vision requirements in 49 CFR for additional two year periods. In
http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers accordance with 49 U.S.C. 31136(e) and
on-line instructions for submitting of CMVs in interstate commerce, for a 31315, each of the 13 applicants has
comments. two-year period if it finds ‘‘such satisfied the entry conditions for
• Mail: Docket Management Facility; exemption would likely achieve a level obtaining an exemption from the vision
U.S. Department of Transportation, 1200 of safety that is equivalent to or greater requirements (72 FR 12666; 72 FR
New Jersey Avenue, SE., West Building than the level that would be achieved 25831; 74 FR 7097; 74 FR 15584; 74 FR
Ground Floor, Room W12–140, absent such exemption.’’ The 15586; 75 FR 25919; 75 FR 39729; 75 FR
Washington, DC 20590–0001. procedures for requesting an exemption 54958; 75 FR 70078; 75 FR 77942; 76 FR
• Hand Delivery or Courier: West (including renewals) are set out in 49 5425; 76 FR 9856; 76 FR 17481; 76 FR
Building Ground Floor, Room W12–140, CFR part 381. 20076; 76 FR 21796; 76 FR 28125; 77 FR
1200 New Jersey Avenue SE., 36338; 77 FR 74731; 78 FR 12811; 78 FR
II. Exemption Decision 12815; 78 FR 16762; 78 FR 18667; 78 FR
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except This notice addresses 13 individuals 22596; 78 FR 22602; 78 FR 24300). Each
mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Holidays. who have requested renewal of their of these 13 applicants has requested
• Fax: 1–202–493–2251. exemptions in accordance with FMCSA renewal of the exemption and has
Instructions: Each submission must procedures. FMCSA has evaluated these submitted evidence showing that the
include the Agency name and the 13 applications for renewal on their vision in the better eye continues to
docket number for this notice. Note that merits and decided to extend each meet the requirement specified at 49
DOT posts all comments received exemption for a renewable two-year CFR 391.41(b)(10) and that the vision
without change to http:// period. They are: Toby L. Carson (TN), impairment is stable. In addition, a
www.regulations.gov, including any Ronnie Clark (ME), Adan Cortes-Juarez review of each record of safety while

VerDate Sep<11>2014 17:46 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1

Document Created: 2018-02-21 10:05:26
Document Modified: 2018-02-21 10:05:26

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 May 13, 2015. Comments must be received on or before May 7, 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 18696

80 FR 18696 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration