80 FR 31962 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 107 (June 4, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 107 (June 4, 2015)
| Page Range | 31962-31964 | |
| FR Document | 2015-13656 |
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)] [Notices] [Pages 31962-31964] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13656] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560] 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 3 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 30, 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-2000- 8398; FMCSA-2003-14504; FMCSA-2005-20560], 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 31963]] 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 3 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 3 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Edmund J. Barron (PA) Darryl D. Cassatt (IA) Thomas E. Howard (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 3 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 78256; 66 FR 16311; 68 FR 13360; 68 FR 19598; 68 FR 33570; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 37891; 72 FR 27624; 72 FR 32705; 72 FR 34062; 74 FR 26464; 74 FR 26471; 76 FR 34133; 76 FR 34135; 78 FR 57677). Each of these 3 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-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560), 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-2000-8398; FMCSA-2003-14504; FMCSA- 2005-20560'' 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-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560'' 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., [[Page 31964]] 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. 2015-13656 Filed 6-3-15; 8:45 am] BILLING CODE 4910-EX-P
![31962 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices
Trailways noted that the maximum must comply with all other applicable DEPARTMENT OF TRANSPORTATION
possible driving time would be reduced provisions of the Federal Motor Carrier
and that traffic congestion could be Safety Regulations (49 CFR parts 350– Federal Motor Carrier Safety
reduced. FMCSA believes this will 399). Administration
ensure that operations under the [Docket No. FMCSA–2000–8398; FMCSA–
Preemption
exemption will be at least as safe as 2003–14504; FMCSA–2005–20560]
operations that comply with the In accordance with 49 U.S.C.
requirements on change of duty status. 31315(d), during the period this Qualification of Drivers; Exemption
As in 2013, FMCSA extends the exemption is in effect, no State shall Applications; Vision
renewed exemption to all regular-route enforce any law or regulation that
for-hire passenger-carrier drivers conflicts with or is inconsistent with AGENCY: Federal Motor Carrier Safety
because they presumably operate in this exemption with respect to a firm or Administration (FMCSA), DOT.
much the same manner as Trailways. person operating under the exemption. ACTION: Notice of renewal of
Including all such drivers in the exemptions; request for comments.
exemption will preclude the need for Notification to FMCSA
other carriers to file identical exemption SUMMARY: FMCSA announces its
Trailways and other regular-route for- decision to renew the exemptions from
requests, and will provide for consistent hire passenger-carriers utilizing this
enforcement because the same the vision requirement in the Federal
exemption must notify FMCSA within Motor Carrier Safety Regulations for 3
provisions would be applied to all 5 business days of any accident (as
similar scenarios involving brief stops individuals. FMCSA has statutory
defined in 49 CFR 390.5), involving any authority to exempt individuals from
by drivers of these carriers during their
of the motor carrier’s CMVs operating the vision requirement if the
regular-route operations. Copies of
under the terms of this exemption. The exemptions granted will not
Trailways’ original and renewal
notification must include the following compromise safety. The Agency has
applications are available for review in
information: concluded that granting these
the docket for this notice.
a. Name of operating motor carrier exemption renewals will provide a level
Public Comments and USDOT number, of safety that is equivalent to or greater
On March 18, 2015, FMCSA b. Date of the accident, than the level of safety maintained
published notice of this application, and c. City or town, and State, in which without the exemptions for these
asked for public comment the accident occurred, or closest to the commercial motor vehicle (CMV)
(80 FR 14229). Only one comment was accident scene, drivers.
submitted, and it supported the renewal
of the exemption. The comment is d. Driver’s name and license number DATES: This decision is effective June
available for review in the docket for and State of issuance, 30, 2015. Comments must be received
this notice. e. Vehicle number and State license on or before July 6, 2015.
plate number, ADDRESSES: You may submit comments
FMCSA Decision bearing the Federal Docket Management
f. Number of individuals suffering
The FMCSA has evaluated Trailways’ physical injury, System (FDMS) numbers: Docket No.
application for renewal of the g. Number of fatalities, [Docket No. FMCSA–2000–8398;
exemption and the public comment. FMCSA–2003–14504; FMCSA–2005–
The Agency believes that Trailways will h. The police-reported cause of the 20560], using any of the following
likely achieve a level of safety that is accident, methods:
equivalent to, or greater than, the level i. Whether the driver was cited for • Federal eRulemaking Portal: Go to
of safety achieved without the violation of any traffic laws or motor http://www.regulations.gov. Follow the
exemption (49 CFR 381.305(a)). During carrier safety regulations, and on-line instructions for submitting
the 2-year period of the current j. The driver’s total driving time and comments.
exemption, only one accident was total on-duty time period prior to the • Mail: Docket Management Facility;
reported while operating under the accident. U.S. Department of Transportation,
exemption, and the motorcoach driver Reports filed under this provision 1200 New Jersey Avenue SE., West
was determined to not be at fault. shall be emailed to MCPSD@DOT.GOV. Building Ground Floor, Room W12–140,
Terms of the Exemption Washington, DC 20590–0001.
Termination • Hand Delivery or Courier: West
Period of the Exemption FMCSA does not believe the carriers Building Ground Floor, Room W12–140,
The exemption from the HOS record and drivers covered by this exemption 1200 New Jersey Avenue SE.,
of duty status requirements of 49 CFR will experience any deterioration of Washington, DC, between 9 a.m. and 5
395.8(c) is granted for the period from their safety record. However, should p.m., Monday through Friday, except
12:01 a.m. on May 31, 2015 through this occur, FMCSA will take all steps Federal Holidays.
11:59 p.m. on May 31, 2017. necessary to protect the public interest, • Fax: 1–202–493–2251.
including revocation or restriction of the Instructions: Each submission must
Extent of the Exemption include the Agency name and the
exemption. The FMCSA will
The exemption is restricted to drivers immediately revoke or restrict the docket number for this notice. Note that
wreier-aviles on DSK5TPTVN1PROD with NOTICES
employed by Trailways and other exemption for failure to comply with its DOT posts all comments received
regular-route for-hire passenger carriers. terms and conditions. without change to http://
Instead of complying with the www.regulations.gov, including any
provisions in 49 CFR 395.8(c), these Issued on: May 27, 2015. personal information included in a
drivers are exempted from changing T.F. Scott Darling, III, comment. Please see the Privacy Act
their duty status from ‘‘driving’’ to ‘‘on- Chief Counsel. heading below.
duty not driving’’ when making stops of [FR Doc. 2015–13653 Filed 6–3–15; 8:45 am] Docket: For access to the docket to
less than 10 minutes. These drivers BILLING CODE 4910–EX–P read background documents or
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![31964 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices
Washington, DC 20590, between 9 a.m. appropriate docket number and may be railroad safety regulations. Specifically,
and 5 p.m., e.t., Monday through Friday, submitted by any of the following CFRC requests relief from certain
except Federal holidays. methods: provisions of 49 CFR part 240,
Issued on: May 22, 2015. • Web site: http:// Qualification and Certification of
Larry W. Minor, www.regulations.gov. Follow the online Locomotive Engineers, and part 242,
instructions for submitting comments. Qualification and Certification of
Associate Administrator for Policy.
• Fax: 202–493–2251. Conductors. The request was assigned
[FR Doc. 2015–13656 Filed 6–3–15; 8:45 am]
• Mail: Docket Operations Facility, Docket Number FRA–2015–0041. The
BILLING CODE 4910–EX–P
U.S. DOT, 1200 New Jersey Avenue SE., relief requested is contingent on CFRC’s
W12–140, Washington, DC 20590. implementation of and participation in
DEPARTMENT OF TRANSPORTATION • Hand Delivery: 1200 New Jersey the Confidential Close Call Reporting
Avenue SE., Room W12–140, System (C3RS) pilot project.
Federal Railroad Administration Washington, DC 20590, between 9 a.m. CFRC seeks to shield reporting
and 5 p.m., Monday through Friday, employees and the railroad from
[Docket Number FRA–1999–5104] except Federal Holidays. mandatory punitive sanctions that
Communications received by July 20, would otherwise arise as provided in
Petition for Waiver of Compliance 49 CFR 240.117(e)(1) through (4);
2015 will be considered by FRA before
In accordance with part 211 of title 49 final action is taken. Comments received 240.305(a)(l) through (4) and (a)(6);
of the Code of Federal Regulations after that date will be considered as far 240.307; and 242.403(b), (c), (e)(l)
(CFR), this provides the public notice as practicable. through (4), (e)(6) through (11), (f)(l) and
that by a document dated May 6, 2015, Anyone is able to search the (2). The C3RS pilot project encourages
the Association of American Railroads electronic form of any written certified operating crew members to
(AAR) has petitioned the Federal communications and comments report close calls and protect the
Railroad Administration (FRA) for an received into any of our dockets by the employees and the railroad from
extension of a waiver of compliance name of the individual submitting the discipline or sanctions arising from the
from certain provisions of the Federal comment (or signing the document, if incidents reported per the C3RS
railroad safety regulations contained at submitted on behalf of an association, Implementing Memorandum of
49 CFR part 213. FRA assigned the business, labor union, etc.). In Understanding (IMOU).
petition docket number FRA–1999– accordance with 5 U.S.C. 553(c), DOT A copy of the petition, as well as any
5104. solicits comments from the public to written communications concerning the
AAR, on behalf of its member better inform its processes. DOT posts petition, is available for review online at
railroads, received permission from FRA these comments, without edit, including www.regulations.gov and in person at
to install flange bearing frogs on June any personal information the the U.S. Department of Transportation’s
27, 2000. AAR requested and was commenter provides, to (DOT) Docket Operations Facility,
granted two extensions, dated July 28, www.regulations.gov, as described in 1200 New Jersey Avenue SE., W12–140,
2009 and October 5, 2010. The current the system of records notice (DOT/ALL– Washington, DC 20590. The Docket
waiver, which will expire on October 5, 14 FDMS), which can be reviewed at Operations Facility is open from 9 a.m.
2015, grants AAR relief from the www.dot.gov/privacy. See also http:// to 5 p.m., Monday through Friday,
flangeway depth requirements of 49 www.regulations.gov/#!privacyNotice except Federal Holidays. If you do not
CFR 213.137(a), and the track class and for the privacy notice of regulations.gov have access to the Internet, please
speed restrictions of 213.137(d) in order or interested parties may review DOT’s contact FRA’s docket clerk at 202–493–
to install flange bearing frog crossing complete Privacy Act Statement in the 6030 who will provide necessary
diamonds in any track class up to Class Federal Register published on April 11, information concerning the contents of
5. 2000 (65 FR 19477). the petition.
A copy of the petition, as well as any Interested parties are invited to
written communications concerning the Issued in Washington, DC, on May 28, participate in these proceedings by
petition, is available for review online at 2015. submitting written views, data, or
www.regulations.gov and in person at Ron Hynes, comments. FRA does not anticipate
the U.S. Department of Transportation’s Director, Office of Technical Oversight. scheduling a public hearing in
(DOT) Docket Operations Facility, 1200 [FR Doc. 2015–13638 Filed 6–3–15; 8:45 am] connection with these proceedings since
New Jersey Ave. SE., W12–140, BILLING CODE 4910–06–P the facts do not appear to warrant a
Washington, DC 20590. The Docket hearing. If any interested party desires
Operations Facility is open from 9 a.m. an opportunity for oral comment, they
to 5 p.m., Monday through Friday, DEPARTMENT OF TRANSPORTATION should notify FRA, in writing, before
except Federal Holidays. the end of the comment period and
Interested parties are invited to Federal Railroad Administration specify the basis for their request.
participate in these proceedings by All communications concerning these
[Docket Number FRA–2015–0041]
submitting written views, data, or proceedings should identify the
comments. FRA does not anticipate Petition for Waiver of Compliance appropriate docket number and may be
scheduling a public hearing in submitted by any of the following
connection with these proceedings since In accordance with Part 211 of Title methods:
wreier-aviles on DSK5TPTVN1PROD with NOTICES
the facts do not appear to warrant a 49 Code of Federal Regulations (CFR), • Web site: http://
hearing. If any interested party desires this provides the public notice that by www.regulations.gov. Follow the online
an opportunity for oral comment, they a document dated April 28, 2015, the instructions for submitting comments.
should notify FRA, in writing, before Central Florida Rail Corridor (CFRC) • Fax: 202–493–2251.
the end of the comment period and also known as SunRail, has petitioned • Mail: Docket Operations Facility,
specify the basis for their request. the Federal Railroad Administration U.S. Department of Transportation, 1200
All communications concerning these (FRA) for a waiver of compliance from New Jersey Avenue SE., W12–140,
proceedings should identify the several provisions of the Federal Washington, DC 20590.
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Document Created: 2015-12-15 15:23:43
Document Modified: 2015-12-15 15:23:43
| 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 30, 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 31962 |
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