80 FR 33009 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 111 (June 10, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 111 (June 10, 2015)
| Page Range | 33009-33011 | |
| FR Document | 2015-14179 |
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)] [Notices] [Pages 33009-33011] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14179] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA- 2000-8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA- 2005-20560; FMCSA-2006-25246; FMCSA-2007-27333] 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 20 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 26, 2015. Comments must be received on or before July 10, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998- 4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2000-8398; FMCSA-2001- 9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006- 25246; FMCSA-2007-27333], 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 [[Page 33010]] 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 20 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 20 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Gary A. Barrett (IA) Ivan L. Beal (NE) Johnny A. Beutler (SD) Brett L. Condon (MD) Christopher A. Deadman (MI) William K. Gullett (KY) Daryl A. Jester (DE) James P. Jones (ME) Clyde H. Kitzan (ND) Larry J. Lang (MI) Spencer E. Leonard (OH) William A. Moore, Jr. (NV) Richard S. Rehbein (MN) Bernard E. Roche (VA) Luis H. Sanchez (WI) David E. Sanders (NC) David B. Speller (MN) Lynn D. Veach (IA) Harry S. Warren (FL) Michael C. Wines (MD) 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 20 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 66226; 64 FR 16517; 65 FR 20245; 65 FR 45817; 65 FR 57230; 65 FR 77066; 65 FR 78256; 66 FR 16311; 66 FR 17743; 66 FR 17994; 66 FR 33990; 67 FR 57266; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR 35772; 70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 33937; 72 FR 180; 72 FR 9397; 72 FR 12666; 72 FR 25831; 72 FR 28093; 72 FR 32705; 74 FR 6211; 74 FR 15586; 74 FR 26464; 76 FR 21796; 76 FR 34135; 78 FR 34140). Each of these 20 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-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2000- 8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2005- 20560; FMCSA-25246; FMCSA-2007-27333), 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-1998-4334; FMCSA-2000-7006; FMCSA- 2000-7363; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA- 2005-20027; FMCSA-2005-20560; FMCSA-25246; FMCSA-2007-27333'' in the ``Keyword'' box, and click ``Search.'' When the new [[Page 33011]] 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-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-25246; FMCSA-2007-27333'' 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 21, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-14179 Filed 6-9-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 33009
level of safety that is equivalent to or optometrist or ophthalmologist stating DEPARTMENT OF TRANSPORTATION
greater than the level that would be that he was able to operate a commercial
achieved absent such an exemption.’’ vehicle from a vision standpoint: Federal Motor Carrier Safety
The procedures for requesting an Cesar A. Guridy, Jr. Administration
exemption are set forth in 49 CFR part Arthur L. Mabb [Docket No. FMCSA–1998–4334; FMCSA–
381. 2000–7006; FMCSA–2000–7363; FMCSA–
Accordingly, FMCSA evaluated 60 Winston Merrick
2000–8398; FMCSA–2001–9258; FMCSA–
individual exemption requests on their Barnett K. Moss, Sr. 2003–14504; FMCSA–2005–20027; FMCSA–
merit and made a determination that Donald J. Wilson 2005–20560; FMCSA–2006–25246; FMCSA–
these applicants do not satisfy the The following applicant, Larry 2007–27333]
criteria eligibility or meet the terms and Defrain, did not have stable vision for
conditions of the Federal exemption the entire three-year period. Qualification of Drivers; Exemption
program. Each applicant has, prior to The following two applicants did not Applications; Vision
this notice, received a letter of final meet the vision standard in their better AGENCY: Federal Motor Carrier Safety
disposition on the exemption request. eye: Administration (FMCSA), DOT.
Those decision letters fully outlined the Leonard Hixon ACTION: Notice of renewal of
basis for the denial and constitute final exemptions; request for comments.
Ryan R. Kepford
Agency action. The list published in
this notice summarizes the Agency’s The following nine applicants met the
SUMMARY: FMCSA announces its
recent denials as required under 49 current federal vision standards.
decision to renew the exemptions from
U.S.C. 31315(b)(4) by periodically Exemptions are not required for
the vision requirement in the Federal
publishing names and reasons for applicants who meet the current
Motor Carrier Safety Regulations for 20
denial. regulations for vision:
individuals. FMCSA has statutory
The following nine applicants had no John A. Ashworth authority to exempt individuals from
experience operating a CMV: Ronaldo A. M. Curva the vision requirement if the
Erica K. Boggs Robert L. Downs exemptions granted will not
Leslie L. Dana Harry J. Glynn compromise safety. The Agency has
George S. Ginder Julian Gonzales concluded that granting these
Destin R. Huerd exemption renewals will provide a level
Edison Joe Linda Jones-Hawkins
of safety that is equivalent to or greater
Miles K. Manross Frederik J. Koning
than the level of safety maintained
Paul R. Oja Pedro Torres without the exemptions for these
Brandon C. Shepard Robert M. Walls commercial motor vehicle (CMV)
Dontrell D. Williams The following 15 applicants were drivers.
The following nine applicants did not denied because they will not be driving
have three years of experience driving a DATES: This decision is effective June
interstate, interstate commerce, or are
CMV on public highways with their 26, 2015. Comments must be received
not required to carry a DOT medical
vision deficiencies: on or before July 10, 2015.
card:
Osman M. Adanalic ADDRESSES: You may submit comments
Everardo G. Cantu bearing the Federal Docket Management
William R. Bissell
David A. Crawford Gale D. Funke System (FDMS) numbers: Docket No.
Michael J. Floyd Jeffrey W. Graham [Docket No. FMCSA–1998–4334;
Carlson Koyukuk Dillon L. Hendren FMCSA–2000–7006; FMCSA–2000–
Abel D. Ordonez Noel C. Hill 7363; FMCSA–2000–8398; FMCSA–
Richard A. Paplow Edgar I. IzquierdoGarcia 2001–9258; FMCSA–2003–14504;
Stephen J. Smith Robert Jasniewicz FMCSA–2005–20027; FMCSA–2005–
Arlyn E. Witker 20560; FMCSA–2006–25246; FMCSA–
The following four applicants did not Eric J. Johnson
2007–27333], using any of the following
have three years of recent experience Marion D. Kellstadt
methods:
driving a CMV with the vision Jeffrey E. Leisenring, Sr. • Federal eRulemaking Portal: Go to
deficiency: Leonard B. Mulkey http://www.regulations.gov. Follow the
Carl Jones III Michael K. Preslar on-line instructions for submitting
Jim Pace Vernon D. Roberts comments.
Jeffrey G. Sherrill Barbara H. Smith • Mail: Docket Management Facility;
Veronica N. Washington Kyle O. Wrisley U.S. Department of Transportation, 1200
The following two applicants did not New Jersey Avenue SE., West Building
Finally, the following three applicants
have sufficient driving experience Ground Floor, Room W12–140,
perform transportation for the federal
during the past three years under Washington, DC 20590–0001.
government, state, or any political sub-
normal highway operating conditions:
division of the state. • Hand Delivery or Courier: West
William L. Bowers Building Ground Floor, Room W12–140,
Robert L. Bick
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Bridget Johnson 1200 New Jersey Avenue SE.,
The following applicant, Richard James L. Lockwood Washington, DC, between 9 a.m. and 5
Anthony, had his CDL suspended in Fredrick D. McCaskill p.m., Monday through Friday, except
relation to a moving violation during the Issued on: May 29, 2015. Federal Holidays.
three-year period. Applicants do not Larry W. Minor, • Fax: 1–202–493–2251.
qualify for an exemption with a Instructions: Each submission must
Associate Administrator for Policy.
suspension during the three-year period. include the Agency name and the
The following five applicants were [FR Doc. 2015–14173 Filed 6–9–15; 8:45 am] docket number for this notice. Note that
unable to obtain a statement from an BILLING CODE 4910–EX–P DOT posts all comments received
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![Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 33011
screen appears, click on ‘‘Comment various reasons. The exemptions will would likely achieve a level of safety
Now!’’ button and type your comment enable these individuals to operate that is equivalent to or greater than the
into the text box in the following screen. commercial motor vehicles (CMVs) in level that would be achieved absent
Choose whether you are submitting your interstate commerce without meeting such exemption.’’ The statute also
comment as an individual or on behalf the prescribed vision requirement in allows the Agency to renew exemptions
of a third party and then submit. If you one eye. The Agency has concluded that at the end of the 2-year period.
submit your comments by mail or hand granting these exemptions will provide Accordingly, FMCSA has evaluated the
delivery, submit them in an unbound a level of safety that is equivalent to or 28 applications on their merits and
format, no larger than 81⁄2 by 11 inches, greater than the level of safety made a determination to grant
suitable for copying and electronic maintained without the exemptions for exemptions to each of them.
filing. If you submit comments by mail these CMV drivers. III. Vision and Driving Experience of
and would like to know that they DATES: The exemptions were granted the Applicants
reached the facility, please enclose a April 18, 2015. The exemptions expire
stamped, self-addressed postcard or The vision requirement in the
on April 18, 2017.
envelope. FMCSA will consider all FMCSRs provides:
FOR FURTHER INFORMATION CONTACT: A person is physically qualified to
comments and material received during
Charles A. Horan, III, Director, Carrier, drive a commercial motor vehicle if that
the comment period and may change
Driver and Vehicle Safety Standards, person has distant visual acuity of at
this notice based on your comments.
(202) 366–4001, fmcsamedical@dot.gov, least 20/40 (Snellen) in each eye
Viewing Comments and Documents FMCSA, Department of Transportation, without corrective lenses or visual
To view comments, as well as any 1200 New Jersey Avenue SE., Room acuity separately corrected to 20/40
documents mentioned in this preamble W64–224, Washington, DC 20590–0001. (Snellen) or better with corrective
as being available in the docket, go to Office hours are from 8:30 a.m. to 5 lenses, distant binocular acuity of a least
http://www.regulations.gov and in the p.m., Monday through Friday, except 20/40 (Snellen) in both eyes with or
search box insert the docket number, Federal holidays. If you have questions without corrective lenses, field of vision
‘‘FMCSA–1998–4334; FMCSA–2000– on viewing or submitting material to the of at least 70° in the horizontal meridian
7006; FMCSA–2000–7363; FMCSA– docket, contact Docket Services, in each eye, and the ability to recognize
2000–8398; FMCSA–2001–9258; telephone (202) 366–9826. the colors of traffic signals and devices
FMCSA–2003–14504; FMCSA–2005– SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR
20027; FMCSA–2005–20560; FMCSA– 391.41(b)(10)).
I. Electronic Access FMCSA recognizes that some drivers
25246; FMCSA–2007–27333’’ in the
‘‘Keyword’’ box and click ‘‘Search.’’ You may see all the comments online do not meet the vision requirement but
Next, click ‘‘Open Docket Folder’’ through the Federal Document have adapted their driving to
button choose the document listed to Management System (FDMS) at http:// accommodate their vision limitation
review. If you do not have access to the www.regulations.gov. and demonstrated their ability to drive
Internet, you may view the docket Docket: For access to the docket to safely. The 28 exemption applicants
online by visiting the Docket read background documents or listed in this notice are in this category.
Management Facility in Room W12–140 comments, go to http:// They are unable to meet the vision
on the ground floor of the DOT West www.regulations.gov and/or Room requirement in one eye for various
Building, 1200 New Jersey Avenue SE., W12–140 on the ground level of the reasons, including retinal scar, complete
Washington, DC 20590, between 9 a.m. West Building, 1200 New Jersey Avenue loss of vision, branch retinal vein
and 5 p.m., e.t., Monday through Friday, SE., Washington, DC, between 9 a.m. occlusion, amblyopia, corneal scar,
except Federal holidays. and 5 p.m., Monday through Friday, refractive amblyopia, prosthetic eye,
Issued on: May 21, 2015.
except Federal holidays. branch vein occlusion, exotropia,
Privacy Act: In accordance with 5 glaucoma, histoplasmosis, retinal
Larry W. Minor,
U.S.C. 553(c), DOT solicits comments detachment, anisometropia, and
Associate Administrator for Policy. from the public to better inform its damaged cornea and retina. In most
[FR Doc. 2015–14179 Filed 6–9–15; 8:45 am] rulemaking process. DOT posts these cases, their eye conditions were not
BILLING CODE 4910–EX–P comments, without edit, including any recently developed. Fifteen of the
personal information the commenter applicants were either born with their
provides, to www.regulations.gov, as vision impairments or have had them
DEPARTMENT OF TRANSPORTATION described in the system of records since childhood.
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can The thirteen individuals that
Administration be reviewed at www.dot.gov/privacy. sustained their vision conditions as
adults have had it for a range of three
[Docket No. FMCSA–2014–0304] II. Background to 43 years.
On March 18, 2015, FMCSA Although each applicant has one eye
Qualification of Drivers; Exemption published a notice of receipt of which does not meet the vision
Applications; Vision exemption applications from certain requirement in 49 CFR 391.41(b)(10),
AGENCY: Federal Motor Carrier Safety individuals, and requested comments each has at least 20/40 corrected vision
from the public (80 FR 14223). That in the other eye, and in a doctor’s
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Administration (FMCSA), DOT.
ACTION: Notice of final disposition. notice listed 28 applicants’ case opinion, has sufficient vision to perform
histories. The 28 individuals applied for all the tasks necessary to operate a CMV.
SUMMARY: FMCSA announces its exemptions from the vision requirement Doctors’ opinions are supported by the
decision to exempt 28 individuals from in 49 CFR 391.41(b)(10), for drivers who applicants’ possession of valid
the vision requirement in the Federal operate CMVs in interstate commerce. commercial driver’s licenses (CDLs) or
Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, non-CDLs to operate CMVs. Before
(FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2- issuing CDLs, States subject drivers to
vision requirement in one eye for year period if it finds ‘‘such exemption knowledge and skills tests designed to
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Document Created: 2015-12-15 15:16:52
Document Modified: 2015-12-15 15:16:52
| 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 26, 2015. Comments must be received on or before July 10, 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 33009 |
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