80 FR 31957 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range		31957-31958
FR Document		2015-13654

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 14 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 107 (Thursday, June 4, 2015)

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31957-31958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13654]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-2006-26653; FMCSA-2008-0398]


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 
14 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 July 2, 2015. Comments must be 
received on or before July 6, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
5748; FMCSA-2006-26653; FMCSA-2008-0398], 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.

[[Page 31958]]

II. Exemption Decision

    This notice addresses 14 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 14 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Michael W. Anderson (NM)
Michael R. Bradford (MD)
John J. Caricola, Jr (NC)
Angklika D. M. Engle (GA)
Wade M. Hillmer (MN)
Michael W. Jensen (CA)
Clifford E. Masink (OH)
Michael J. McGregan (FL)
Felix L. McLean (NM)
Willie E. Nichols (FL)
John P. Perez (FL)
Scott K. Richardson (OH)
Kyle C. Shover (NJ)
Charles H. Smith (IN)

    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 14 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 40404; 64 FR 66962; 67 FR 17102; 70 FR 25878; 72 FR 
8417; 72 FR 34062; 72 FR 36099; 74 FR 7097; 74 FR 15584; 74 FR 26466; 
74 FR 26471; 76 FR 37173; 78 FR 57679). Each of these 14 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-1999-5748; FMCSA-2006-26653; FMCSA-2008-0398), 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-1999-5748; FMCSA-2006-26653; FMCSA-2008-
0398'' 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-1999-5748; FMCSA-2006-26653; FMCSA-2008-0398'' 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: May 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-13654 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices 31957

has resulted in any degradation in July 6, 2015. The Agency will evaluate 1200 New Jersey Avenue SE.,
safety. The Agency believes that any adverse evidence submitted and, if Washington, DC, between 9 a.m. and 5
extending the exemption for a period of safety is being compromised or if p.m., Monday through Friday, except
two years will likely achieve a level of continuation of the exemption would Federal Holidays.
safety that is equivalent to, or greater not be consistent with the goals and • Fax: 1–202–493–2251.
than, the level of safety achieved objectives of 49 U.S.C. 31136(e) and Instructions: Each submission must
without the exemption because the 31315(b)(1), FMCSA will take include the Agency name and the
metal coils are grouped and secured immediate steps to revoke the FCSG docket number for this notice. Note that
together in the longitudinal direction, exemption. DOT posts all comments received
i.e., ‘‘unitized,’’ with the cargo Issued on: May 21, 2015. without change to http://
securement system meeting all of the T.F. Scott Darling, III,
www.regulations.gov, including any
aggregate working load limit personal information included in a
Chief Counsel.
requirements of 49 CFR 393.106(d). comment. Please see the Privacy Act
The exemption is renewed subject to [FR Doc. 2015–13655 Filed 6–3–15; 8:45 am]
heading below.
the following requirements, provided BILLING CODE 4910–EX–P Docket: For access to the docket to
motor carriers using the exemption read background documents or
continue to meet the aggregate working comments, go to http://
load limits of 49 CFR 393.106(d). DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or
Coils with eyes crosswise: If coils are Room W12–140 on the ground level of
Federal Motor Carrier Safety
loaded to contact each other in the the West Building, 1200 New Jersey
Administration
longitudinal direction, and relative Avenue SE., Washington, DC, between 9
motion between coils, and between coils [Docket No. FMCSA–1999–5748; FMCSA– a.m. and 5 p.m., Monday through
and the vehicle, is prevented by 2006–26653; FMCSA–2008–0398] Friday, except Federal holidays. The
tiedown assemblies and timbers: Federal Docket Management System
(1) Only the foremost and rearmost Qualification of Drivers; Exemption
(FDMS) is available 24 hours each day,
coils must be secured with timbers Applications; Vision
365 days each year. If you want
having a nominal cross section of 4 x 4 AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
inches or more and a length which is at Administration (FMCSA), DOT. comments, please include a self-
least 75 percent of the width of the coil ACTION: Notice of renewal of addressed, stamped envelope or
or row of coils, tightly placed against exemptions; request for comments. postcard or print the acknowledgement
both the front and rear sides of the row page that appears after submitting
of coils and restrained to prevent SUMMARY: FMCSA announces its comments on-line.
movement of the coils in the forward decision to renew the exemptions from Privacy Act: In accordance with 5
and rearward directions; and the vision requirement in the Federal U.S.C. 553(c), DOT solicits comments
(2) The first and last coils in a row of Motor Carrier Safety Regulations for 14 from the public to better inform its
coils must be secured with a tiedown individuals. FMCSA has statutory rulemaking process. DOT posts these
assembly restricting against forward and authority to exempt individuals from comments, without edit, including any
rearward motion, respectively. Each the vision requirement if the personal information the commenter
additional coil in the row of coils must exemptions granted will not provides, to www.regulations.gov, as
be secured to the trailer using a tiedown compromise safety. The Agency has described in the system of records
assembly. concluded that granting these notice (DOT/ALL–14 FDMS), which can
The exemption will be valid for two exemption renewals will provide a level be reviewed at www.dot.gov/privacy.
years unless rescinded earlier by of safety that is equivalent to or greater FOR FURTHER INFORMATION CONTACT:
FMCSA. The exemption will be than the level of safety maintained Charles A. Horan, III, Director, Carrier,
rescinded if: (1) Motor carriers and/or without the exemptions for these Driver and Vehicle Safety Standards,
commercial motor vehicles fail to commercial motor vehicle (CMV) 202–366–4001, fmcsamedical@dot.gov,
comply with the terms and conditions drivers. FMCSA, Department of Transportation,
of the exemption; (2) the exemption has
DATES: This decision is effective July 2, 1200 New Jersey Avenue SE., Room
resulted in a lower level of safety than
2015. Comments must be received on or W64–224, Washington, DC 20590–0001.
was maintained before it was granted; or
before July 6, 2015. Office hours are from 8:30 a.m. to 5 p.m.
(3) continuation of the exemption would
ADDRESSES: You may submit comments Monday through Friday, except Federal
not be consistent with the goals and
bearing the Federal Docket Management holidays.
objectives of 49 U.S.C. 31136(e) and
31315. System (FDMS) numbers: Docket No. SUPPLEMENTARY INFORMATION:
[Docket No. FMCSA–1999–5748;
Preemption I. Background
FMCSA–2006–26653; FMCSA–2008–
During the period the exemption is in 0398], using any of the following Under 49 U.S.C. 31136(e) and 31315,
effect, no State shall enforce any law or methods: FMCSA may renew an exemption from
regulation that conflicts with this • Federal eRulemaking Portal: Go to the vision requirements in 49 CFR
exemption with respect to a person http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers
operating under the exemption. on-line instructions for submitting of CMVs in interstate commerce, for a
wreier-aviles on DSK5TPTVN1PROD with NOTICES

comments. two-year period if it finds ‘‘such
Request for Comments • Mail: Docket Management Facility; exemption would likely achieve a level
FMCSA requests comments from U.S. Department of Transportation, of safety that is equivalent to or greater
parties with data concerning the safety 1200 New Jersey Avenue SE., West than the level that would be achieved
record of motor carriers transporting Building Ground Floor, Room W12–140, absent such exemption.’’ The
groups of metal coils with eyes Washington, DC 20590–0001. procedures for requesting an exemption
crosswise, in accordance with the • Hand Delivery or Courier: West (including renewals) are set out in 49
conditions of the original exemption, by Building Ground Floor, Room W12–140, CFR part 381.

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Document Created: 2015-12-15 15:24:18
Document Modified: 2015-12-15 15:24:18

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 July 2, 2015. Comments must be received on or before July 6, 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 31957

80 FR 31957 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration