80_FR_36519 80 FR 36398 - Qualification of Drivers; Exemption Applications; Vision

80 FR 36398 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range36398-36399
FR Document2015-15509

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 23 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 121 (Wednesday, June 24, 2015)
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36398-36399]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15509]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9258; FMCSA-2005-20560; FMCSA-2006-24015; FMCSA-
2007-27333; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-
2011-0092; FMCSA-2011-0102; FMCSA-2013-0021]


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 
23 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 22, 2015. Comments must be 
received on or before July 24, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2001-
9258; FMCSA-2005-20560; FMCSA-2006-24015; FMCSA-2007-27333; FMCSA-2009-
0121; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-
0102; FMCSA-2013-0021], 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 23 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 23 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

 Juan D. Adame, Jr. (TX), Stanley C. Anders (SD), David W. Bennett 
(NC), Joel A. Cabrera (FL), Sherman W. Clapper (ID), John L. Elder, III 
(DE), Eric Esplin (UT), Ronald R. Fournier (NY), Anthony Hall (LA), 
Ronald D. Jackman II (NV), Thomas W. Kent (IN), Gerald Kortesmaki (MN), 
John W. Locke (TX), Robert J. MacInnis (MA), Steve J. Morrison (ID), 
Ellie L. Murphree (AL), Steven A. Proctor (TX), Adolph L. Romero (FL), 
Jose Sanchez-Sanchez (KS), Robert B. Steinmetz (OR), Rodney W. Sukalski 
(MN), Larry D. Warneke (WA), Lonnie D. Wendinger (MN).

    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 23 applicants has

[[Page 36399]]

satisfied the entry conditions for obtaining an exemption from the 
vision requirements (66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 
17504; 70 FR 30997; 70 FR 33937; 71 FR 14566; 71 FR 30227; 72 FR 12666; 
72 FR 25831; 72 FR 27624; 72 FR 32705; 73 FR 27014; 74 FR 19270; 74 FR 
26461; 74 FR 26464; 74 FR 34630; 75 FR 50799; 75 FR 72863; 76 FR 2190; 
76 FR 17481; 76 FR 25766; 76 FR 28125; 76 FR 29022; 76 FR 34135; 76 FR 
37168; 76 FR 37173; 76 FR 37885; 76 FR 44082; 78 FR 10251; 78 FR 20379; 
78 FR 24300; 78 FR 34140; 78 FR 37270; 78 FR 51268; 78 FR 51269; 78 FR 
57679). Each of these 23 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-2001-9258; FMCSA-2005-20560; FMCSA-2006-24015; FMCSA-
2007-27333; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-
2011-0092; FMCSA-2011-0102; FMCSA-2013-0021), 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-2001-9258; FMCSA-2005-20560; FMCSA-
2006-24015; FMCSA-2007-27333; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-
2011-0024; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2013-0021'' 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-2001-9258; FMCSA-2005-20560; FMCSA-2006-24015; FMCSA-2007-
27333; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2011-0024; FMCSA-2011-
0092; FMCSA-2011-0102; FMCSA-2013-0021'' 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: June 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15509 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                              36398                        Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

                                              copy of the denial letter is in the docket              1200 New Jersey Avenue SE.,                            II. Exemption Decision
                                              of this matter.                                         Washington, DC, between 9 a.m. and 5                      This notice addresses 23 individuals
                                                Issued on: June 17, 2015.                             p.m., Monday through Friday, except                    who have requested renewal of their
                                              Larry W. Minor,                                         Federal Holidays.                                      exemptions in accordance with FMCSA
                                                                                                        • Fax: 1–202–493–2251.                               procedures. FMCSA has evaluated these
                                              Associate Administrator for Policy.
                                                                                                         Instructions: Each submission must                  23 applications for renewal on their
                                              [FR Doc. 2015–15519 Filed 6–23–15; 8:45 am]
                                                                                                      include the Agency name and the                        merits and decided to extend each
                                              BILLING CODE 4910–EX–P
                                                                                                      docket number for this notice. Note that               exemption for a renewable two-year
                                                                                                      DOT posts all comments received                        period. They are:
                                                                                                      without change to http://                              Juan D. Adame, Jr. (TX), Stanley C.
                                              DEPARTMENT OF TRANSPORTATION
                                                                                                      www.regulations.gov, including any                        Anders (SD), David W. Bennett (NC),
                                              Federal Motor Carrier Safety                            personal information included in a                        Joel A. Cabrera (FL), Sherman W.
                                              Administration                                          comment. Please see the Privacy Act                       Clapper (ID), John L. Elder, III (DE),
                                                                                                      heading below.                                            Eric Esplin (UT), Ronald R. Fournier
                                              [Docket No. FMCSA–2001–9258; FMCSA–                        Docket: For access to the docket to
                                              2005–20560; FMCSA–2006–24015; FMCSA–                                                                              (NY), Anthony Hall (LA), Ronald D.
                                                                                                      read background documents or                              Jackman II (NV), Thomas W. Kent
                                              2007–27333; FMCSA–2009–0121; FMCSA–
                                              2010–0354; FMCSA–2011–0024; FMCSA–                      comments, go to http://                                   (IN), Gerald Kortesmaki (MN), John
                                              2011–0092; FMCSA–2011–0102; FMCSA–                      www.regulations.gov at any time or                        W. Locke (TX), Robert J. MacInnis
                                              2013–0021]                                              Room W12–140 on the ground level of                       (MA), Steve J. Morrison (ID), Ellie L.
                                                                                                      the West Building, 1200 New Jersey                        Murphree (AL), Steven A. Proctor
                                              Qualification of Drivers; Exemption                     Avenue, SE. Washington, DC, between 9                     (TX), Adolph L. Romero (FL), Jose
                                              Applications; Vision                                    a.m. and 5 p.m., Monday through                           Sanchez-Sanchez (KS), Robert B.
                                              AGENCY: Federal Motor Carrier Safety                    Friday, except Federal holidays. The                      Steinmetz (OR), Rodney W. Sukalski
                                              Administration (FMCSA), DOT.                            Federal Docket Management System                          (MN), Larry D. Warneke (WA), Lonnie
                                                                                                      (FDMS) is available 24 hours each day,                    D. Wendinger (MN).
                                              ACTION: Notice of renewal of
                                                                                                      365 days each year. If you want
                                              exemptions; request for comments.                                                                                 The exemptions are extended subject
                                                                                                      acknowledgment that we received your
                                                                                                                                                             to the following conditions: (1) That
                                              SUMMARY:   FMCSA announces its                          comments, please include a self-
                                                                                                                                                             each individual has a physical
                                              decision to renew the exemptions from                   addressed, stamped envelope or
                                                                                                                                                             examination every year (a) by an
                                              the vision requirement in the Federal                   postcard or print the acknowledgement
                                                                                                                                                             ophthalmologist or optometrist who
                                              Motor Carrier Safety Regulations for 23                 page that appears after submitting
                                                                                                                                                             attests that the vision in the better eye
                                              individuals. FMCSA has statutory                        comments on-line.
                                                                                                                                                             continues to meet the requirements in
                                              authority to exempt individuals from                       Privacy Act: In accordance with 5
                                                                                                                                                             49 CFR 391.41(b)(10), and (b) by a
                                              the vision requirement if the                           U.S.C. 553(c), DOT solicits comments
                                                                                                                                                             medical examiner who attests that the
                                              exemptions granted will not                             from the public to better inform its
                                                                                                                                                             individual is otherwise physically
                                              compromise safety. The Agency has                       rulemaking process. DOT posts these
                                                                                                                                                             qualified under 49 CFR 391.41; (2) that
                                              concluded that granting these                           comments, without edit, including any
                                                                                                                                                             each individual provides a copy of the
                                              exemption renewals will provide a level                 personal information the commenter
                                                                                                                                                             ophthalmologist’s or optometrist’s
                                              of safety that is equivalent to or greater              provides, to www.regulations.gov, as
                                                                                                                                                             report to the medical examiner at the
                                              than the level of safety maintained                     described in the system of records
                                                                                                                                                             time of the annual medical examination;
                                              without the exemptions for these                        notice (DOT/ALL–14 FDMS), which can
                                                                                                                                                             and (3) that each individual provide a
                                              commercial motor vehicle (CMV)                          be reviewed at www.dot.gov/privacy.
                                                                                                                                                             copy of the annual medical certification
                                              drivers.                                                FOR FURTHER INFORMATION CONTACT:                       to the employer for retention in the
                                              DATES: This decision is effective July 22,              Charles A. Horan, III, Director, Carrier,              driver’s qualification file and retains a
                                              2015. Comments must be received on or                   Driver and Vehicle Safety Standards,                   copy of the certification on his/her
                                              before July 24, 2015.                                   202–366–4001, fmcsamedical@dot.gov,                    person while driving for presentation to
                                              ADDRESSES: You may submit comments                      FMCSA, Department of Transportation,                   a duly authorized Federal, State, or local
                                              bearing the Federal Docket Management                   1200 New Jersey Avenue, SE., Room                      enforcement official. Each exemption
                                              System (FDMS) numbers: Docket No.                       W64–224, Washington, DC 20590–0001.                    will be valid for two years unless
                                              [Docket No. FMCSA–2001–9258;                            Office hours are from 8:30 a.m. to 5 p.m.              rescinded earlier by FMCSA. The
                                              FMCSA–2005–20560; FMCSA–2006–                           Monday through Friday, except Federal                  exemption will be rescinded if: (1) The
                                              24015; FMCSA–2007–27333; FMCSA–                         holidays.                                              person fails to comply with the terms
                                              2009–0121; FMCSA–2010–0354;                             SUPPLEMENTARY INFORMATION:                             and conditions of the exemption; (2) the
                                              FMCSA–2011–0024; FMCSA–2011–                            I. Background                                          exemption has resulted in a lower level
                                              0092; FMCSA–2011–0102; FMCSA–                                                                                  of safety than was maintained before it
                                              2013–0021], using any of the following                     Under 49 U.S.C. 31136(e) and 31315,                 was granted; or (3) continuation of the
                                              methods:                                                FMCSA may renew an exemption from                      exemption would not be consistent with
                                                • Federal eRulemaking Portal: Go to                   the vision requirements in 49 CFR                      the goals and objectives of 49 U.S.C.
                                              http://www.regulations.gov. Follow the                  391.41(b)(10), which applies to drivers                31136(e) and 31315.
                                              on-line instructions for submitting                     of CMVs in interstate commerce, for a
                                                                                                      two-year period if it finds ‘‘such                     III. Basis for Renewing Exemptions
                                              comments.
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                                                • Mail: Docket Management Facility;                   exemption would likely achieve a level                    Under 49 U.S.C. 31315(b)(1), an
                                              U.S. Department of Transportation, 1200                 of safety that is equivalent to or greater             exemption may be granted for no longer
                                              New Jersey Avenue SE., West Building                    than the level that would be achieved                  than two years from its approval date
                                              Ground Floor, Room W12–140,                             absent such exemption.’’ The                           and may be renewed upon application
                                              Washington, DC 20590–0001.                              procedures for requesting an exemption                 for additional two year periods. In
                                                • Hand Delivery or Courier: West                      (including renewals) are set out in 49                 accordance with 49 U.S.C. 31136(e) and
                                              Building Ground Floor, Room W12–140,                    CFR part 381.                                          31315, each of the 23 applicants has


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                                                                           Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices                                             36399

                                              satisfied the entry conditions for                      9258; FMCSA–2005–20560; FMCSA–                         ACTION:  Notice of denial of applications
                                              obtaining an exemption from the vision                  2006–24015; FMCSA–2007–27333;                          for seizure exemptions.
                                              requirements (66 FR 17743; 66 FR                        FMCSA–2009–0121; FMCSA–2010–
                                              33990; 68 FR 35772; 70 FR 17504; 70 FR                  0354; FMCSA–2011–0024; FMCSA–                          SUMMARY:    FMCSA announces the denial
                                              30997; 70 FR 33937; 71 FR 14566; 71 FR                  2011–0092; FMCSA–2011–0102;                            of 8 individuals’ applications for
                                              30227; 72 FR 12666; 72 FR 25831; 72 FR                  FMCSA–2013–0021’’ in the ‘‘Keyword’’                   exemptions from the rule prohibiting
                                              27624; 72 FR 32705; 73 FR 27014; 74 FR                  box, and click ‘‘Search.’’ When the new                persons with a clinical diagnosis of
                                              19270; 74 FR 26461; 74 FR 26464; 74 FR                  screen appears, click on ‘‘Comment                     epilepsy or any other condition that is
                                              34630; 75 FR 50799; 75 FR 72863; 76 FR                  Now!’’ button and type your comment                    likely to cause a loss of consciousness
                                              2190; 76 FR 17481; 76 FR 25766; 76 FR                   into the text box in the following screen.             or any loss of ability to operate a
                                              28125; 76 FR 29022; 76 FR 34135; 76 FR                  Choose whether you are submitting your                 commercial motor vehicle (CMV) from
                                              37168; 76 FR 37173; 76 FR 37885; 76 FR                                                                         operating CMVs in interstate commerce.
                                                                                                      comment as an individual or on behalf
                                              44082; 78 FR 10251; 78 FR 20379; 78 FR                                                                         The reason for each of the denials is
                                                                                                      of a third party and then submit. If you
                                              24300; 78 FR 34140; 78 FR 37270; 78 FR                                                                         listed after the individual’s name.
                                                                                                      submit your comments by mail or hand
                                              51268; 78 FR 51269; 78 FR 57679). Each                  delivery, submit them in an unbound                    FOR FURTHER INFORMATION CONTACT:
                                              of these 23 applicants has requested                    format, no larger than 81⁄2 by 11 inches,              Charles A. Horan, III, Director, Office of
                                              renewal of the exemption and has                        suitable for copying and electronic                    Carrier, Driver and Vehicle Safety, (202)
                                              submitted evidence showing that the                     filing. If you submit comments by mail                 366–4001, or via email at
                                              vision in the better eye continues to                   and would like to know that they                       fmcsamedical@dot.gov, or by letter to
                                              meet the requirement specified at 49                    reached the facility, please enclose a                 FMCSA, Room W64–113, Department of
                                              CFR 391.41(b)(10) and that the vision                   stamped, self-addressed postcard or                    Transportation, 1200 New Jersey
                                              impairment is stable. In addition, a                    envelope. FMCSA will consider all                      Avenue SE., Washington, DC 20590–
                                              review of each record of safety while                   comments and material received during                  0001. Office hours are from 8:30 a.m. to
                                              driving with the respective vision                      the comment period and may change                      5 p.m., Monday through Friday, except
                                              deficiencies over the past two years                                                                           Federal holidays.
                                                                                                      this notice based on your comments.
                                              indicates each applicant continues to                                                                          SUPPLEMENTARY INFORMATION:
                                              meet the vision exemption                               Viewing Comments and Documents
                                                                                                                                                             Background
                                              requirements.                                              To view comments, as well as any
                                                These factors provide an adequate                     documents mentioned in this preamble                      Under 49 U.S.C. 31315 and 31136(e),
                                              basis for predicting each driver’s ability              as being available in the docket, go to                FMCSA may grant an exemption for a 2-
                                              to continue to drive safely in interstate                                                                      year period if it finds ‘‘such exemption
                                                                                                      http://www.regulations.gov and in the
                                              commerce. Therefore, FMCSA                                                                                     would likely achieve a level of safety
                                                                                                      search box insert the docket number,
                                              concludes that extending the exemption                                                                         that is equivalent to, or greater than, the
                                                                                                      ‘‘FMCSA–2001–9258; FMCSA–2005–
                                              for each renewal applicant for a period                                                                        level that would be achieved absent
                                                                                                      20560; FMCSA–2006–24015; FMCSA–
                                              of two years is likely to achieve a level                                                                      such exemption.’’ The statutes allow the
                                                                                                      2007–27333; FMCSA–2009–0121;
                                              of safety equal to that existing without                                                                       Agency to renew exemptions at the end
                                                                                                      FMCSA–2010–0354; FMCSA–2011–
                                              the exemption.                                                                                                 of the 2-year period. The 8 individuals
                                                                                                      0024; FMCSA–2011–0092; FMCSA–
                                                                                                                                                             listed in this notice have requested an
                                              IV. Public Participation and Request for                2011–0102; FMCSA–2013–0021’’ in the
                                                                                                                                                             exemption from the epilepsy and
                                              Comments                                                ‘‘Keyword’’ box and click ‘‘Search.’’
                                                                                                                                                             seizure disorder standard in 49 CFR
                                                                                                      Next, click ‘‘Open Docket Folder’’                     391.41(b)(8), which applies to drivers
                                                FMCSA encourages you to participate                   button choose the document listed to
                                              by submitting comments and related                                                                             who operate CMVs as defined in 49 CFR
                                                                                                      review. If you do not have access to the               390.5, in interstate commerce. Section
                                              materials.                                              Internet, you may view the docket                      391.41(b)(8) states that a person is
                                              Submitting Comments                                     online by visiting the Docket                          qualified physically to drive a CMV if
                                                If you submit a comment, please                       Management Facility in Room W12–140                    that person has no established medical
                                              include the docket number for this                      on the ground floor of the DOT West                    history or clinical diagnosis of epilepsy
                                              notice (FMCSA–2001–9258; FMCSA–                         Building, 1200 New Jersey Avenue SE.,                  or any other condition which is likely
                                              2005–20560; FMCSA–2006–24015;                           Washington, DC 20590, between 9 a.m.                   to cause the loss of consciousness or any
                                              FMCSA–2007–27333; FMCSA–2009–                           and 5 p.m., e.t., Monday through Friday,               loss of ability to control a CMV.
                                              0121; FMCSA–2010–0354; FMCSA–                           except Federal holidays.                                  In order to make an evidence-based
                                              2011–0024; FMCSA–2011–0092;                               Issued on: June 17, 2015.                            decision, FMCSA conducted a
                                              FMCSA–2011–0102; FMCSA–2013–                            Larry W. Minor,                                        comprehensive review of scientific
                                              0021), indicate the specific section of                 Associate Administrator for Policy.                    literature and convened a panel of
                                              this document to which each comment                     [FR Doc. 2015–15509 Filed 6–23–15; 8:45 am]            medical experts in the field of neurology
                                              applies, and provide a reason for each                  BILLING CODE 4910–EX–P
                                                                                                                                                             to evaluate key questions regarding
                                              suggestion or recommendation. You                                                                              seizure and anti-seizure medication
                                              may submit your comments and                                                                                   related to the safe operation of a CMV.
                                              material online or by fax, mail, or hand                DEPARTMENT OF TRANSPORTATION                           Previously, the Agency gathered
                                              delivery, but please use only one of                                                                           evidence for decision making
                                              these means. FMCSA recommends that                      Federal Motor Carrier Safety                           concerning potential changes to the
                                              you include your name and a mailing                     Administration                                         regulation by conducting a
tkelley on DSK3SPTVN1PROD with NOTICES




                                              address, an email address, or a phone                                                                          comprehensive review of scientific
                                                                                                      [Docket No. FMCSA–2015–0115]                           literature that was compiled into a
                                              number in the body of your document
                                              so the Agency can contact you if it has                 Denial of Exemption Applications;                      report entitled, ‘‘Evidence Report on
                                              questions regarding your submission.                    Epilepsy and Seizure Disorders                         Seizure Disorders and Commercial
                                                To submit your comment online, got                                                                           Vehicle Driving’’ (Evidence Report) [CD–
                                              to http://www.regulations.gov and put                   AGENCY:Federal Motor Carrier Safety                    ROM HD TL230.3 .E95 2007]. The
                                              the docket number, ‘‘FMCSA–2001–                        Administration (FMCSA), DOT.                           Agency then convened a MEP in the


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Document Created: 2015-12-15 14:09:10
Document Modified: 2015-12-15 14:09:10
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 July 22, 2015. Comments must be received on or before July 24, 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 36398 

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