80 FR 29154 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 97 (May 20, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 97 (May 20, 2015)
| Page Range | 29154-29156 | |
| FR Document | 2015-12196 |
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)] [Notices] [Pages 29154-29156] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12196] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2007-27515] 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 15 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 13, 2015. Comments must be received on or before June 19, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2003- 14504; FMCSA-2005-20560; FMCSA-2007-27515], 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 [[Page 29155]] 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 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 15 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 15 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Roosevelt Bell, Jr. (NC), David K. Boswell (TN), Melvin M. Carter (WA), Bernabe V. Cerda (TX), Michael S. Crawford (IL), Rex A. Dyer (VT), Patrick J. Goebel (IA), Thomas A. Gotto (IA), Wilbur J. Johnson (VA), Kenneth C. Reeves (OR), Charles J. Rowsey (NC), Thomas E. Summers, Sr. (OH), Jon C. Thompson (TX), Daniel E. Watkins (FL), Tommy N. Whitworth (TX). 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 15 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (68 FR 19598; 68 FR 33570; 70 FR 17504; 70 FR 25878; 70 FR 30997; 72 FR 21313; 72 FR 27624; 72 FR 28093; 72 FR 32703; 74 FR 23472; 76 FR 32017; 78 FR 32708). Each of these 15 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-2003-14504; FMCSA-2005-20560; FMCSA-2007-27515), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, got to http://www.regulations.gov and put the docket number, ``FMCSA-2003-14504; FMCSA-2005-20560; FMCSA- 2007-27515'' 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-2003-14504; FMCSA-2005-20560; FMCSA-2007-27515'' 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 [[Page 29156]] 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: May 11, 2015. Larry W. Minor, Associate Administration for Policy. [FR Doc. 2015-12196 Filed 5-19-15; 8:45 am] BILLING CODE 4910-EX-P
![29154 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
provide an adequate basis for predicting Federal, State, or local enforcement DEPARTMENT OF TRANSPORTATION
their ability to drive safely in interstate official.
commerce. Intrastate driving, like Federal Motor Carrier Safety
V. Discussion of Comments Administration
interstate operations, involves
substantial driving on highways on the FMCSA received no comments in this [Docket No. FMCSA–2003–14504; FMCSA–
interstate system and on other roads proceeding. 2005–20560; FMCSA–2007–27515]
built to interstate standards. Moreover,
driving in congested urban areas IV. Conclusion
Qualification of Drivers; Exemption
exposes the driver to more pedestrian Based upon its evaluation of the 27 Applications; Vision
and vehicular traffic than exists on exemption applications, FMCSA
interstate highways. Faster reaction to exempts the following drivers from the AGENCY: Federal Motor Carrier Safety
traffic and traffic signals is generally vision requirement in 49 CFR Administration (FMCSA), DOT.
required because distances between 391.41(b)(10), subject to the ACTION: Notice of renewal of
them are more compact. These requirements cited above (49 CFR exemptions; request for comments.
conditions tax visual capacity and 391.64(b)):
driver response just as intensely as SUMMARY: FMCSA announces its
interstate driving conditions. The Joel C. Bailey (FL) decision to renew the exemptions from
veteran drivers in this proceeding have Mackfie Bradley, Jr. (NC) the vision requirement in the Federal
operated CMVs safely under those Justin C. Bruchman (WI) Motor Carrier Safety Regulations for 15
conditions for at least 3 years, most for Bradley J. Compton (ID) individuals. FMCSA has statutory
much longer. Their experience and Anthony C. Curtis (WA) authority to exempt individuals from
driving records lead us to believe that the vision requirement if the
Douglas S. Dalling (PA) exemptions granted will not
each applicant is capable of operating in
interstate commerce as safely as he/she Lloyd A. Dornbusch (PA) compromise safety. The Agency has
has been performing in intrastate Randall R. Drake (CA) concluded that granting these
commerce. Consequently, FMCSA finds Paul E. Emmons (RI) exemption renewals will provide a level
that exempting these applicants from Thomas P. Fitzsimmons Jr. (NC) of safety that is equivalent to or greater
the vision requirement in 49 CFR Steve L. Frisby (CA) than the level of safety maintained
391.41(b)(10) is likely to achieve a level without the exemptions for these
Daryl G. Gibson (FL)
of safety equal to that existing without commercial motor vehicle (CMV)
the exemption. For this reason, the Mark J. Goodrich (PA) drivers.
Agency is granting the exemptions for Ramon L. Green (LA)
DATES: This decision is effective June
the 2-year period allowed by 49 U.S.C. Carl E. Hess (PA)
13, 2015. Comments must be received
31136(e) and 31315 to the 27 applicants Mark E. Jeans (OK) on or before June 19, 2015.
listed in the notice of March 6, 2015 (80 Chad Kauffman (PA) ADDRESSES: You may submit comments
FR 12248). Scottie W. Lewis (GA)
We recognize that the vision of an bearing the Federal Docket Management
David S. Mayo (VA) System (FDMS) numbers: Docket No.
applicant may change and affect his/her
ability to operate a CMV as safely as in Ross E. McCleary (NE) [Docket No. FMCSA–2003–14504;
the past. As a condition of the Alex D. McCrady (NH) FMCSA–2005–20560; FMCSA–2007–
exemption, therefore, FMCSA will Stacy L. Michael (OH) 27515], using any of the following
impose requirements on the 27 methods:
Charles A. Morgan (NC)
individuals consistent with the • Federal eRulemaking Portal: Go to
Paul C. Swanson (IL) http://www.regulations.gov. Follow the
grandfathering provisions applied to Terrance W. Temple (OH)
drivers who participated in the on-line instructions for submitting
Agency’s vision waiver program. Rick A. Tucker (MO) comments.
Those requirements are found at 49 Jason R. White (OH) • Mail: Docket Management Facility;
CFR 391.64(b) and include the In accordance with 49 U.S.C. 31136(e) U.S. Department of Transportation, 1200
following: (1) That each individual be and 31315, each exemption will be valid New Jersey Avenue SE., West Building
physically examined every year (a) by for 2 years unless revoked earlier by Ground Floor, Room W12–140,
an ophthalmologist or optometrist who FMCSA. The exemption will be revoked Washington, DC 20590–0001.
attests that the vision in the better eye if: (1) The person fails to comply with • Hand Delivery or Courier: West
continues to meet the requirement in 49 the terms and conditions of the Building Ground Floor, Room W12–140,
CFR 391.41(b)(10) and (b) by a medical exemption; (2) the exemption has 1200 New Jersey Avenue SE.,
examiner who attests that the individual resulted in a lower level of safety than Washington, DC, between 9 a.m. and 5
is otherwise physically qualified under was maintained before it was granted; or p.m., Monday through Friday, except
49 CFR 391.41; (2) that each individual (3) continuation of the exemption would Federal Holidays.
provide a copy of the ophthalmologist’s not be consistent with the goals and • Fax: 1–202–493–2251.
or optometrist’s report to the medical objectives of 49 U.S.C. 31136 and 31315. Instructions: Each submission must
examiner at the time of the annual If the exemption is still effective at the include the Agency name and the
medical examination; and (3) that each end of the 2-year period, the person may docket number for this notice. Note that
mstockstill on DSK4VPTVN1PROD with NOTICES
individual provide a copy of the annual apply to FMCSA for a renewal under DOT posts all comments received
medical certification to the employer for procedures in effect at that time. without change to http://
retention in the driver’s qualification www.regulations.gov, including any
Issued on: May 11, 2015. personal information included in a
file, or keep a copy in his/her driver’s
qualification file if he/she is self- Larry W. Minor, comment. Please see the Privacy Act
employed. The driver must have a copy Associate Administrator for Policy. heading below.
of the certification when driving, for [FR Doc. 2015–12198 Filed 5–19–15; 8:45 am] Docket: For access to the docket to
presentation to a duly authorized BILLING CODE 4910–EX–P read background documents or
VerDate Sep<11>2014 23:50 May 19, 2015 Jkt 235001 PO 00000 Frm 00226 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1](https://thefederalregister.org/doc/80_FR_29251/page/1.svg)
![29156 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
online by visiting the Docket ACTION: List of Applications for Special Department of Transportation,
Management Facility in Room W12–140 Permits. Washington, DC 20590.
on the ground floor of the DOT West Comments should refer to the
Building, 1200 New Jersey Avenue SE., SUMMARY: In accordance with the
application number and be submitted in
Washington, DC 20590, between 9 a.m. procedures governing the application
triplicate. If confirmation of receipt of
and 5 p.m., e.t., Monday through Friday, for, and the processing of, special
permits from the Department of comments is desired, include a self-
except Federal holidays.
Transportation’s Hazardous Material addressed stamped postcard showing
Issued on: May 11, 2015. the special permit number.
Larry W. Minor, Regulations (49 CFR part 107, subpart
B), notice is hereby given that the Office FOR FURTHER INFORMATION: Copies of the
Associate Administration for Policy.
of Hazardous Materials Safety has applications are available for inspection
[FR Doc. 2015–12196 Filed 5–19–15; 8:45 am]
received the application described in the Records Center, East Building,
BILLING CODE 4910–EX–P
herein. Each mode of transportation for PHH–30, 1200 New Jersey Avenue
which a particular special permit is Southeast, Washington, DC or at http://
requested is indicated by a number in regulations.gov.
DEPARTMENT OF TRANSPORTATION
the ‘‘Nature of Application’’ portion of
the table below as follows: 1—Motor This notice of receipt of applications
Pipeline and Hazardous Materials
vehicle, 2—Rail freight, 3—Cargo vessel, for special permit is published in
Safety Administration
4—Cargo aircraft only, 5—Passenger- accordance with Part 107 of the Federal
Hazardous Materials: Notice of carrying aircraft. hazardous materials transportation law
Application for Special Permits (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
DATES: Comments must be received on
AGENCY: Office of Hazardous Materials or before June 19, 2015. Issued in Washington, DC, on May 8, 2015.
Safety, Pipeline and Hazardous Address Comments To: Record Donald Burger,
Materials Safety Administration, Center, Pipeline and Hazardous Chief, General Approvals and Permits.
(PHMSA), DOT. Materials Safety Administration, U.S.
Application Regulation(s)
Docket No. Applicant Nature of special permits thereof
No. affected
16450–N ...... ..................... U.S. Department of En- 49 CFR 173.242 ............... To authorize the transportation in commerce of lithium
ergy, Washington, DC. hydride in alternative bulk packagings. (mode 1)
16452–N ...... ..................... The Procter & Gamble 49 CFR parts 171–180 ..... To authorize the transportation in commerce of small
Company, Cincinnati, quantities of a Division 2.2 liquefied gas in small,
OH. non-refillable, plastic receptacles as not subject to
the Hazardous Materials Regulations. (modes 1, 2,
3, 4, 5)
16460–N ...... ..................... Florida Power and Light 49 CFR 172.201(e) ........... To authorize the transportation in commerce of lithium
Company, West Palm ion batteries that are permanently mounted in small
Beach, FL. trailers without having to retain a record of each
shipment made when using a ‘‘permanent shipping
paper.’’ (mode 1)
16461–N ...... ..................... Coastal Hydrotesting LLC, 49 CFR 172.203(a), To authorize the transportation in commerce of cer-
Baltimore, MD. 172.301(c), 173.302a(b), tain cylinders that have been tested using ultra-
180.205. sonic examination with visual external examination
in lieu of hydrostatic testing and internal visual in-
spection. (modes 1, 2, 3, 4, 5)
16462–N ...... ..................... Helimax Aviation, Inc., 49 CFR 172.101 Haz- To authorize the transportation in commerce of cer-
McClellan, CA. ardous Materials Table tain hazardous materials by 14 CFR part 133
Column (9B), 172.200, Rotorcraft External Load Operations transporting
172.204(c)(3), 172.300, hazardous materials attached to or suspended from
172.400, 172.500, an aircraft without being subject to certain hazard
175.30, part 17B. communication requirements, quantity limitations
and certain loading and stowage requirements.
(mode 4)
16469–N ...... ..................... ACS UE Testing LLC, 49 CFR 172.203(a), To authorize the transportation in commerce of cer-
Denver, CO. 172.301(c), 180.205. tain cylinders that have been tested using ultra-
sonic examination with visual external examination
in lieu of hydrostatic testing and internal visual in-
spection. (modes 1,2)
mstockstill on DSK4VPTVN1PROD with NOTICES
VerDate Sep<11>2014 23:50 May 19, 2015 Jkt 235001 PO 00000 Frm 00228 Fmt 4703 Sfmt 9990 E:\FR\FM\20MYN1.SGM 20MYN1](https://thefederalregister.org/doc/80_FR_29251/page/3.svg)
Document Created: 2018-02-21 10:29:56
Document Modified: 2018-02-21 10:29:56
| 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 June 13, 2015. Comments must be received on or before June 19, 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 29154 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR