80_FR_25854 80 FR 25768 - Qualification of Drivers; Exemption Applications; Vision

80 FR 25768 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 86 (May 5, 2015)

Page Range25768-25769
FR Document2015-10445

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 10 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 86 (Tuesday, May 5, 2015) 
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25768-25769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10445]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0106; FMCSA-2009-0086]


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 
10 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 June 12, 2015. Comments must be 
received on or before June 4, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2008-
0106; FMCSA-2009-0086], 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 10 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 10applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:
Michael D. Abel (NE), Paul M. Christina (PA), Kenneth W. Dunn (TN), 
Edward J. Grant (IL), Johnny K. Hiatt (NC), Richard S. Hoffman (ID), 
Jeffrey M. Mueller (MO), George M. Nelson (OH), Christopher A. Weidner 
(CT), Paul A. Wolfe (OH).


[[Page 25769]]


    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 10 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (74 FR 19267; 74 FR 28094; 76 FR 32016; 78 FR 32703). Each 
of these 10 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-2008-0106; FMCSA-2009-0086), 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-2008-0106; FMCSA-2009-0086'' 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-2008-0106; FMCSA-2009-0086'' 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 29, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-10445 Filed 5-4-15; 8:45 am]
 BILLING CODE 4910-EX-P

25768 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices suggestion or recommendation. You DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or may submit your comments and Room W12–140 on the ground level of material online or by fax, mail, or hand Federal Motor Carrier Safety the West Building, 1200 New Jersey delivery, but please use only one of Administration Avenue SE., Washington, DC, between 9 these means. FMCSA recommends that [Docket No. FMCSA–2008–0106; FMCSA– a.m. and 5 p.m., Monday through you include your name and a mailing 2009–0086] Friday, except Federal holidays. The address, an email address, or a phone Federal Docket Management System number in the body of your document Qualification of Drivers; Exemption (FDMS) is available 24 hours each day, so the Agency can contact you if it has Applications; Vision 365 days each year. If you want questions regarding your submission. acknowledgment that we received your AGENCY: Federal Motor Carrier Safety comments, please include a self- To submit your comment online, got Administration (FMCSA), DOT. to http://www.regulations.gov and put addressed, stamped envelope or ACTION: Notice of renewal of postcard or print the acknowledgement the docket number, ‘‘FMCSA–2000– exemptions; request for comments. 7918; FMCSA–2002–13411; FMCSA– page that appears after submitting comments on-line. 2003–14504; FMCSA–2006–24015; SUMMARY: FMCSA announces its Privacy Act: In accordance with 5 FMCSA–2006–26066; FMCSA–2008– decision to renew the exemptions from U.S.C. 553(c), DOT solicits comments 0398; FMCSA–2011–0024; FMCSA– the vision requirement in the Federal from the public to better inform its 2012–0338’’ in the ‘‘Keyword’’ box, and Motor Carrier Safety Regulations for 10 rulemaking process. DOT posts these click ‘‘Search.’’ When the new screen individuals. FMCSA has statutory comments, without edit, including any appears, click on ‘‘Comment Now!’’ authority to exempt individuals from personal information the commenter button and type your comment into the the vision requirement if the provides, to www.regulations.gov, as text box in the following screen. Choose exemptions granted will not described in the system of records whether you are submitting your compromise safety. The Agency has notice (DOT/ALL–14 FDMS), which can comment as an individual or on behalf concluded that granting these be reviewed at www.dot.gov/privacy. of a third party and then submit. If you exemption renewals will provide a level submit your comments by mail or hand FOR FURTHER INFORMATION CONTACT: of safety that is equivalent to or greater delivery, submit them in an unbound than the level of safety maintained Charles A. Horan, III, Director, Carrier, format, no larger than 81⁄2 by 11 inches, without the exemptions for these Driver and Vehicle Safety Standards, suitable for copying and electronic commercial motor vehicle (CMV) 202–366–4001, fmcsamedical@dot.gov, filing. If you submit comments by mail drivers. FMCSA, Department of Transportation, and would like to know that they 1200 New Jersey Avenue SE., Room DATES: This decision is effective June W64–224, Washington, DC 20590–0001. reached the facility, please enclose a 12, 2015. Comments must be received stamped, self-addressed postcard or Office hours are from 8:30 a.m. to 5 p.m. on or before June 4, 2015. Monday through Friday, except Federal envelope. FMCSA will consider all ADDRESSES: You may submit comments holidays. comments and material received during bearing the Federal Docket Management SUPPLEMENTARY INFORMATION: the comment period and may change System (FDMS) numbers: Docket No. this notice based on your comments. I. Background [Docket No. FMCSA–2008–0106; Viewing Comments and Documents FMCSA–2009–0086], using any of the Under 49 U.S.C. 31136(e) and 31315, following methods: FMCSA may renew an exemption from To view comments, as well as any • Federal eRulemaking Portal: Go to the vision requirements in 49 CFR documents mentioned in this preamble http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers as being available in the docket, go to on-line instructions for submitting of CMVs in interstate commerce, for a http://www.regulations.gov and in the comments. two-year period if it finds ‘‘such search box insert the docket number, • Mail: Docket Management Facility; exemption would likely achieve a level ‘‘FMCSA–2000–7918; FMCSA–2002– U.S. Department of Transportation, 1200 of safety that is equivalent to or greater 13411; FMCSA–2003–14504; FMCSA– New Jersey Avenue SE., West Building than the level that would be achieved 2006–24015; FMCSA–2006–26066; Ground Floor, Room W12–140, absent such exemption.’’ The FMCSA–2008–0398; FMCSA–2011– Washington, DC 20590–0001. procedures for requesting an exemption 0024; FMCSA–2012–0338’’ in the • Hand Delivery or Courier: West (including renewals) are set out in 49 ‘‘Keyword’’ box and click ‘‘Search.’’ Building Ground Floor, Room W12–140, CFR part 381. Next, click ‘‘Open Docket Folder’’ 1200 New Jersey Avenue SE., button choose the document listed to Washington, DC, between 9 a.m. and 5 II. Exemption Decision review. If you do not have access to the p.m., Monday through Friday, except This notice addresses 10 individuals Internet, you may view the docket Federal Holidays. who have requested renewal of their online by visiting the Docket • Fax: 1–202–493–2251. exemptions in accordance with FMCSA Management Facility in Room W12–140 Instructions: Each submission must procedures. FMCSA has evaluated these on the ground floor of the DOT West include the Agency name and the 10applications for renewal on their Building, 1200 New Jersey Avenue SE., docket number for this notice. Note that merits and decided to extend each Washington, DC 20590, between 9 a.m. DOT posts all comments received exemption for a renewable two-year asabaliauskas on DSK5VPTVN1PROD with NOTICES and 5 p.m., e.t., Monday through Friday, without change to http:// period. They are: except Federal holidays. www.regulations.gov, including any Michael D. Abel (NE), Paul M. Christina Issued on: April 29, 2015. personal information included in a (PA), Kenneth W. Dunn (TN), Edward comment. Please see the Privacy Act J. Grant (IL), Johnny K. Hiatt (NC), Larry W. Minor, heading below. Richard S. Hoffman (ID), Jeffrey M. Associate Administrator for Policy. Docket: For access to the docket to Mueller (MO), George M. Nelson [FR Doc. 2015–10444 Filed 5–4–15; 8:45 am] read background documents or (OH), Christopher A. Weidner (CT), BILLING CODE 4910–EX–P comments, go to http:// Paul A. Wolfe (OH). VerDate Sep<11>2014 17:18 May 04, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1

Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices 25769 The exemptions are extended subject review of each record of safety while filing. If you submit comments by mail to the following conditions: (1) That driving with the respective vision and would like to know that they each individual has a physical deficiencies over the past two years reached the facility, please enclose a examination every year (a) by an indicates each applicant continues to stamped, self-addressed postcard or ophthalmologist or optometrist who meet the vision exemption envelope. FMCSA will consider all attests that the vision in the better eye requirements. These factors provide an comments and material received during continues to meet the requirements in adequate basis for predicting each the comment period and may change 49 CFR 391.41(b)(10), and (b) by a driver’s ability to continue to drive this notice based on your comments. medical examiner who attests that the safely in interstate commerce. individual is otherwise physically Therefore, FMCSA concludes that Viewing Comments and Documents qualified under 49 CFR 391.41; (2) that extending the exemption for each To view comments, as well as any each individual provides a copy of the renewal applicant for a period of two documents mentioned in this preamble ophthalmologist’s or optometrist’s years is likely to achieve a level of safety as being available in the docket, go to report to the medical examiner at the equal to that existing without the http://www.regulations.gov and in the time of the annual medical examination; exemption. search box insert the docket number, and (3) that each individual provide a ‘‘FMCSA–2008–0106; FMCSA–2009– IV. Public Participation and Request for copy of the annual medical certification 0086’’ in the ‘‘Keyword’’ box and click Comments to the employer for retention in the ‘‘Search.’’ Next, click ‘‘Open Docket driver’s qualification file and retains a FMCSA encourages you to participate Folder’’ button choose the document copy of the certification on his/her by submitting comments and related listed to review. If you do not have person while driving for presentation to materials. access to the Internet, you may view the a duly authorized Federal, State, or local Submitting Comments docket online by visiting the Docket enforcement official. Each exemption Management Facility in Room W12–140 will be valid for two years unless If you submit a comment, please on the ground floor of the DOT West rescinded earlier by FMCSA. The include the docket number for this Building, 1200 New Jersey Avenue SE., exemption will be rescinded if: (1) The notice (FMCSA–2008–0106; FMCSA– Washington, DC 20590, between 9 a.m. person fails to comply with the terms 2009–0086), indicate the specific and 5 p.m., e.t., Monday through Friday, and conditions of the exemption; (2) the section of this document to which each except Federal holidays. exemption has resulted in a lower level comment applies, and provide a reason for each suggestion or recommendation. Issued on: April 29, 2015. of safety than was maintained before it was granted; or (3) continuation of the You may submit your comments and Larry W. Minor, exemption would not be consistent with material online or by fax, mail, or hand Associate Administrator for Policy. the goals and objectives of 49 U.S.C. delivery, but please use only one of [FR Doc. 2015–10445 Filed 5–4–15; 8:45 am] 31136(e) and 31315. these means. FMCSA recommends that BILLING CODE 4910–EX–P you include your name and a mailing III. Basis for Renewing Exemptions address, an email address, or a phone Under 49 U.S.C. 31315(b)(1), an number in the body of your document exemption may be granted for no longer so the Agency can contact you if it has DEPARTMENT OF THE TREASURY than two years from its approval date questions regarding your submission. and may be renewed upon application To submit your comment online, go to Community Development Financial for additional two year periods. In http://www.regulations.gov and put the Institutions Fund accordance with 49 U.S.C. 31136(e) and docket number, ‘‘FMCSA–2008–0106; 31315, each of the 10 applicants has FMCSA–2009–0086’’ in the ‘‘Keyword’’ Notice of Funds Availability (NOFA) satisfied the entry conditions for box, and click ‘‘Search.’’ When the new Inviting Applications for the FY 2015 obtaining an exemption from the vision screen appears, click on ‘‘Comment Funding Round of the Bank Enterprise requirements (74 FR 19267; 74 FR Now!’’ button and type your comment Award Program (BEA Program) 28094; 76 FR 32016; 78 FR 32703). Each into the text box in the following screen. Announcement Type: Announcement of these 10 applicants has requested Choose whether you are submitting your of funding opportunity. renewal of the exemption and has comment as an individual or on behalf Funding Opportunity Number: CDFI– submitted evidence showing that the of a third party and then submit. If you 2015–BEA. vision in the better eye continues to submit your comments by mail or hand meet the requirement specified at 49 delivery, submit them in an unbound Catalog of Federal Domestic Assistance (CFDA) Number: 21.021. CFR 391.41(b)(10) and that the vision format, no larger than 81⁄2 by 11 inches, impairment is stable. In addition, a suitable for copying and electronic KEY DATES: TABLE 1—FY 2015 BEA PROGRAM FUNDING ROUND KEY DATES FOR APPLICANTS Time Description Deadline (Eastern daylight Submission method time—EDT) asabaliauskas on DSK5VPTVN1PROD with NOTICES Last day to contact BEA Program staff ............... June 11, 2015 ........ 5:00 p.m. EDT ....... CDFI Fund Helpdesk: 202–653–0421 or cdfihelp@cdfi.treas.gov. Last day to contact Certification, Compliance June 11, 2015 ........ 5:00 p.m. EDT ....... CDFI Fund Helpdesk: 202–653–0421 or Monitoring and Evaluation staff. cdfihelp@cdfi.treas.gov. Application Part I: BEA Program Application Due June 15, 2015 ........ 11:59 p.m. EDT ..... Electronically via Grants.gov. Date (Forms include: SF–424 Mandatory, En- vironmental Review Form, Certifications and Excel charts). VerDate Sep<11>2014 17:18 May 04, 2015 Jkt 235001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1


Document Created: 2015-12-16 07:54:07
Document Modified: 2015-12-16 07:54:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesThis decision is effective June 12, 2015. Comments must be received on or before June 4, 2015.
ContactCharles 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 Citation80 FR 25768 
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