80_FR_41683 80 FR 41548 - Qualification of Drivers; Exemption Applications; Vision

80 FR 41548 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 135 (July 15, 2015)

Page Range41548-41550
FR Document2015-17330

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 9 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 135 (Wednesday, July 15, 2015)
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41548-41550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17330]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0140]


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 
9 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

[[Page 41549]]

commercial motor vehicle (CMV) drivers.

DATES: This decision is effective August 12, 2015. Comments must be 
received on or before August 14, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0140], 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 9 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 9 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Danny F. Burnley (KY)
Ronald J. Claud (NY)
Sean R. Conorman (MI)
Jackie R. Frederick (AL)
Robert E. Graves (NE)
Terrence F. Ryan (FL)
Dennis W. Stubrich (PA)
Stephen W. Verrette (MI)
Leslie H. Wylie (ID)

    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 9 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (76 FR 37169; 76 FR 50318; 79 FR 4531). Each of these 9 
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-2011-0140), 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-2011-0140'' in the ``Keyword'' box, 
and click ``Search.'' When the new screen

[[Page 41550]]

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-2011-0140'' 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: July 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17330 Filed 7-14-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                  41548                        Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  I. Background                                            and may be renewed upon application                   of a third party and then submit. If you
                                                     Under 49 U.S.C. 31136(e) and 31315,                   for additional two year periods. In                   submit your comments by mail or hand
                                                  FMCSA may renew an exemption from                        accordance with 49 U.S.C. 31136(e) and                delivery, submit them in an unbound
                                                  the vision requirements in 49 CFR                        31315, each of the 5 applicants has                   format, no larger than 81⁄2 by 11 inches,
                                                  391.41(b)(10), which applies to drivers                  satisfied the entry conditions for                    suitable for copying and electronic
                                                  of CMVs in interstate commerce, for a                    obtaining an exemption from the vision                filing. If you submit comments by mail
                                                  two-year period if it finds ‘‘such                       requirements (66 FR 17743; 66 FR                      and would like to know that they
                                                  exemption would likely achieve a level                   33990; 68 FR 35772; 70 FR 30999; 70 FR                reached the facility, please enclose a
                                                  of safety that is equivalent to or greater               33937; 70 FR 46567; 72 FR 32705; 72 FR                stamped, self-addressed postcard or
                                                  than the level that would be achieved                    40359; 74 FR 26461; 74 FR 26464; 74 FR                envelope. FMCSA will consider all
                                                                                                           34074; 74 FR 34620; 76 FR 44653; 79 FR                comments and material received during
                                                  absent such exemption.’’ The
                                                                                                           4531). Each of these 5 applicants has                 the comment period and may change
                                                  procedures for requesting an exemption
                                                                                                           requested renewal of the exemption and                this notice based on your comments.
                                                  (including renewals) are set out in 49
                                                                                                           has submitted evidence showing that
                                                  CFR part 381.                                                                                                  Viewing Comments and Documents
                                                                                                           the vision in the better eye continues to
                                                  II. Exemption Decision                                   meet the requirement specified at 49                     To view comments, as well as any
                                                                                                           CFR 391.41(b)(10) and that the vision                 documents mentioned in this preamble
                                                     This notice addresses 5 individuals
                                                                                                           impairment is stable. In addition, a                  as being available in the docket, go to
                                                  who have requested renewal of their
                                                                                                           review of each record of safety while                 http://www.regulations.gov and in the
                                                  exemptions in accordance with FMCSA                                                                            search box insert the docket number,
                                                  procedures. FMCSA has evaluated these                    driving with the respective vision
                                                                                                           deficiencies over the past two years                  ‘‘FMCSA–2001–9258; FMCSA–2005–
                                                  5 applications for renewal on their                                                                            21254; FMCSA–2009–0121’’ in the
                                                  merits and decided to extend each                        indicates each applicant continues to
                                                                                                           meet the vision exemption                             ‘‘Keyword’’ box and click ‘‘Search.’’
                                                  exemption for a renewable two-year                                                                             Next, click ‘‘Open Docket Folder’’
                                                  period. They are:                                        requirements.
                                                                                                             These factors provide an adequate                   button choose the document listed to
                                                  Donald M. Jenson (SD)                                    basis for predicting each driver’s ability            review. If you do not have access to the
                                                  Dennis D. Lesperance (OR)                                to continue to drive safely in interstate             Internet, you may view the docket
                                                  Dean A. Maystead (MI)                                    commerce. Therefore, FMCSA                            online by visiting the Docket
                                                  Carl V. Murphy, Jr. (TX)                                                                                       Management Facility in Room W12–140
                                                                                                           concludes that extending the exemption
                                                  Mark A. Pirl (NC)                                                                                              on the ground floor of the DOT West
                                                                                                           for each renewal applicant for a period
                                                     The exemptions are extended subject                   of two years is likely to achieve a level             Building, 1200 New Jersey Avenue SE.,
                                                  to the following conditions: (1) That                    of safety equal to that existing without              Washington, DC 20590, between 9 a.m.
                                                  each individual has a physical                           the exemption.                                        and 5 p.m., e.t., Monday through Friday,
                                                  examination every year (a) by an                                                                               except Federal holidays.
                                                  ophthalmologist or optometrist who                       IV. Public Participation and Request for
                                                                                                           Comments                                                Issued on: July 7, 2015.
                                                  attests that the vision in the better eye
                                                                                                                                                                 Larry W. Minor,
                                                  continues to meet the requirements in                      FMCSA encourages you to participate
                                                  49 CFR 391.41(b)(10), and (b) by a                                                                             Associate Administrator for Policy.
                                                                                                           by submitting comments and related
                                                  medical examiner who attests that the                                                                          [FR Doc. 2015–17331 Filed 7–14–15; 8:45 am]
                                                                                                           materials.
                                                  individual is otherwise physically                                                                             BILLING CODE 4910–EX–P

                                                  qualified under 49 CFR 391.41; (2) that                  Submitting Comments
                                                  each individual provides a copy of the                      If you submit a comment, please
                                                  ophthalmologist’s or optometrist’s                       include the docket number for this                    DEPARTMENT OF TRANSPORTATION
                                                  report to the medical examiner at the                    notice (FMCSA–2001–9258; FMCSA–                       Federal Motor Carrier Safety
                                                  time of the annual medical examination;                  2005–21254; FMCSA–2009–0121),                         Administration
                                                  and (3) that each individual provide a                   indicate the specific section of this
                                                  copy of the annual medical certification                 document to which each comment                        [Docket No. FMCSA–2011–0140]
                                                  to the employer for retention in the                     applies, and provide a reason for each
                                                  driver’s qualification file and retains a                suggestion or recommendation. You                     Qualification of Drivers; Exemption
                                                  copy of the certification on his/her                     may submit your comments and                          Applications; Vision
                                                  person while driving for presentation to                 material online or by fax, mail, or hand              AGENCY: Federal Motor Carrier Safety
                                                  a duly authorized Federal, State, or local               delivery, but please use only one of                  Administration (FMCSA), DOT.
                                                  enforcement official. Each exemption                     these means. FMCSA recommends that                    ACTION: Notice of renewal of
                                                  will be valid for two years unless                       you include your name and a mailing                   exemptions; request for comments.
                                                  rescinded earlier by FMCSA. The                          address, an email address, or a phone
                                                  exemption will be rescinded if: (1) The                  number in the body of your document                   SUMMARY:   FMCSA announces its
                                                  person fails to comply with the terms                    so the Agency can contact you if it has               decision to renew the exemptions from
                                                  and conditions of the exemption; (2) the                 questions regarding your submission.                  the vision requirement in the Federal
                                                  exemption has resulted in a lower level                     To submit your comment online, got                 Motor Carrier Safety Regulations for 9
                                                  of safety than was maintained before it                  to http://www.regulations.gov and put                 individuals. FMCSA has statutory
                                                  was granted; or (3) continuation of the                  the docket number, ‘‘FMCSA–2001–                      authority to exempt individuals from
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  exemption would not be consistent with                   9258; FMCSA–2005–21254; FMCSA–                        the vision requirement if the
                                                  the goals and objectives of 49 U.S.C.                    2009–0121’’ in the ‘‘Keyword’’ box, and               exemptions granted will not
                                                  31136(e) and 31315.                                      click ‘‘Search.’’ When the new screen                 compromise safety. The Agency has
                                                                                                           appears, click on ‘‘Comment Now!’’                    concluded that granting these
                                                  III. Basis for Renewing Exemptions                       button and type your comment into the                 exemption renewals will provide a level
                                                    Under 49 U.S.C. 31315(b)(1), an                        text box in the following screen. Choose              of safety that is equivalent to or greater
                                                  exemption may be granted for no longer                   whether you are submitting your                       than the level of safety maintained
                                                  than two years from its approval date                    comment as an individual or on behalf                 without the exemptions for these


                                             VerDate Sep<11>2014   18:52 Jul 14, 2015   Jkt 235001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\15JYN1.SGM   15JYN1


                                                                               Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices                                            41549

                                                  commercial motor vehicle (CMV)                           1200 New Jersey Avenue SE., Room                      exemption has resulted in a lower level
                                                  drivers.                                                 W64–224, Washington, DC 20590–0001.                   of safety than was maintained before it
                                                  DATES: This decision is effective August                 Office hours are from 8:30 a.m. to 5 p.m.             was granted; or (3) continuation of the
                                                  12, 2015. Comments must be received                      Monday through Friday, except Federal                 exemption would not be consistent with
                                                  on or before August 14, 2015.                            holidays.                                             the goals and objectives of 49 U.S.C.
                                                                                                           SUPPLEMENTARY INFORMATION:                            31136(e) and 31315.
                                                  ADDRESSES: You may submit comments
                                                  bearing the Federal Docket Management                    I. Background                                         III. Basis for Renewing Exemptions
                                                  System (FDMS) numbers: Docket No.                                                                                 Under 49 U.S.C. 31315(b)(1), an
                                                  [Docket No. FMCSA–2011–0140], using                         Under 49 U.S.C. 31136(e) and 31315,
                                                                                                           FMCSA may renew an exemption from                     exemption may be granted for no longer
                                                  any of the following methods:                                                                                  than two years from its approval date
                                                    • Federal eRulemaking Portal: Go to                    the vision requirements in 49 CFR
                                                                                                           391.41(b)(10), which applies to drivers               and may be renewed upon application
                                                  http://www.regulations.gov. Follow the                                                                         for additional two year periods. In
                                                  on-line instructions for submitting                      of CMVs in interstate commerce, for a
                                                                                                           two-year period if it finds ‘‘such                    accordance with 49 U.S.C. 31136(e) and
                                                  comments.                                                                                                      31315, each of the 9 applicants has
                                                    • Mail: Docket Management Facility;                    exemption would likely achieve a level
                                                                                                           of safety that is equivalent to or greater            satisfied the entry conditions for
                                                  U.S. Department of Transportation, 1200                                                                        obtaining an exemption from the vision
                                                  New Jersey Avenue SE., West Building                     than the level that would be achieved
                                                                                                           absent such exemption.’’ The                          requirements (76 FR 37169; 76 FR
                                                  Ground Floor, Room W12–140,                                                                                    50318; 79 FR 4531). Each of these 9
                                                  Washington, DC 20590–0001.                               procedures for requesting an exemption
                                                                                                                                                                 applicants has requested renewal of the
                                                    • Hand Delivery or Courier: West                       (including renewals) are set out in 49
                                                                                                           CFR part 381.                                         exemption and has submitted evidence
                                                  Building Ground Floor, Room W12–140,
                                                                                                                                                                 showing that the vision in the better eye
                                                  1200 New Jersey Avenue SE.,                              II. Exemption Decision                                continues to meet the requirement
                                                  Washington, DC, between 9 a.m. and 5
                                                                                                              This notice addresses 9 individuals                specified at 49 CFR 391.41(b)(10) and
                                                  p.m., Monday through Friday, except
                                                                                                           who have requested renewal of their                   that the vision impairment is stable. In
                                                  Federal Holidays.
                                                                                                           exemptions in accordance with FMCSA                   addition, a review of each record of
                                                    • Fax: 1–202–493–2251.
                                                     Instructions: Each submission must                    procedures. FMCSA has evaluated these                 safety while driving with the respective
                                                  include the Agency name and the                          9 applications for renewal on their                   vision deficiencies over the past two
                                                  docket number for this notice. Note that                 merits and decided to extend each                     years indicates each applicant continues
                                                  DOT posts all comments received                          exemption for a renewable two-year                    to meet the vision exemption
                                                  without change to http://                                period. They are:                                     requirements.
                                                                                                           Danny F. Burnley (KY)                                    These factors provide an adequate
                                                  www.regulations.gov, including any
                                                                                                           Ronald J. Claud (NY)                                  basis for predicting each driver’s ability
                                                  personal information included in a
                                                                                                           Sean R. Conorman (MI)                                 to continue to drive safely in interstate
                                                  comment. Please see the Privacy Act
                                                                                                           Jackie R. Frederick (AL)                              commerce. Therefore, FMCSA
                                                  heading below.
                                                     Docket: For access to the docket to                   Robert E. Graves (NE)                                 concludes that extending the exemption
                                                  read background documents or                             Terrence F. Ryan (FL)                                 for each renewal applicant for a period
                                                  comments, go to http://                                  Dennis W. Stubrich (PA)                               of two years is likely to achieve a level
                                                  www.regulations.gov at any time or                       Stephen W. Verrette (MI)                              of safety equal to that existing without
                                                  Room W12–140 on the ground level of                      Leslie H. Wylie (ID)                                  the exemption.
                                                  the West Building, 1200 New Jersey                          The exemptions are extended subject                IV. Public Participation and Request for
                                                  Avenue SE., Washington, DC, between 9                    to the following conditions: (1) That                 Comments
                                                  a.m. and 5 p.m., Monday through                          each individual has a physical                          FMCSA encourages you to participate
                                                  Friday, except Federal holidays. The                     examination every year (a) by an                      by submitting comments and related
                                                  Federal Docket Management System                         ophthalmologist or optometrist who                    materials.
                                                  (FDMS) is available 24 hours each day,                   attests that the vision in the better eye
                                                  365 days each year. If you want                          continues to meet the requirements in                 Submitting Comments
                                                  acknowledgment that we received your                     49 CFR 391.41(b)(10), and (b) by a                       If you submit a comment, please
                                                  comments, please include a self-                         medical examiner who attests that the                 include the docket number for this
                                                  addressed, stamped envelope or                           individual is otherwise physically                    notice (FMCSA–2011–0140), indicate
                                                  postcard or print the acknowledgement                    qualified under 49 CFR 391.41; (2) that               the specific section of this document to
                                                  page that appears after submitting                       each individual provides a copy of the                which each comment applies, and
                                                  comments on-line.                                        ophthalmologist’s or optometrist’s                    provide a reason for each suggestion or
                                                     Privacy Act: In accordance with 5                     report to the medical examiner at the                 recommendation. You may submit your
                                                  U.S.C. 553(c), DOT solicits comments                     time of the annual medical examination;               comments and material online or by fax,
                                                  from the public to better inform its                     and (3) that each individual provide a                mail, or hand delivery, but please use
                                                  rulemaking process. DOT posts these                      copy of the annual medical certification              only one of these means. FMCSA
                                                  comments, without edit, including any                    to the employer for retention in the                  recommends that you include your
                                                  personal information the commenter                       driver’s qualification file and retains a             name and a mailing address, an email
                                                  provides, to www.regulations.gov, as                     copy of the certification on his/her                  address, or a phone number in the body
                                                  described in the system of records
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           person while driving for presentation to              of your document so the Agency can
                                                  notice (DOT/ALL–14 FDMS), which can                      a duly authorized Federal, State, or local            contact you if it has questions regarding
                                                  be reviewed at www.dot.gov/privacy.                      enforcement official. Each exemption                  your submission.
                                                  FOR FURTHER INFORMATION CONTACT:                         will be valid for two years unless                       To submit your comment online, got
                                                  Charles A. Horan, III, Director, Carrier,                rescinded earlier by FMCSA. The                       to http://www.regulations.gov and put
                                                  Driver and Vehicle Safety Standards,                     exemption will be rescinded if: (1) The               the docket number, ‘‘FMCSA–2011–
                                                  202–366–4001, fmcsamedical@dot.gov,                      person fails to comply with the terms                 0140’’ in the ‘‘Keyword’’ box, and click
                                                  FMCSA, Department of Transportation,                     and conditions of the exemption; (2) the              ‘‘Search.’’ When the new screen


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                                                  41550                        Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  appears, click on ‘‘Comment Now!’’                       DATES:  Comments must be received on                  p.m., Monday through Friday, except
                                                  button and type your comment into the                    or before August 14, 2015.                            Federal holidays.
                                                  text box in the following screen. Choose                 ADDRESSES: You may submit comments                    SUPPLEMENTARY INFORMATION:
                                                  whether you are submitting your                          bearing the Federal Docket Management
                                                  comment as an individual or on behalf                                                                          I. Background
                                                                                                           System (FDMS) Docket No. FMCSA–
                                                  of a third party and then submit. If you                 2015–0063 using any of the following                     Under 49 U.S.C. 31136(e) and 31315,
                                                  submit your comments by mail or hand                     methods:                                              FMCSA may grant an exemption from
                                                  delivery, submit them in an unbound                        • Federal eRulemaking Portal: Go to                 the Federal Motor Carrier Safety
                                                  format, no larger than 81⁄2 by 11 inches,                http://www.regulations.gov. Follow the                Regulations for a 2-year period if it finds
                                                  suitable for copying and electronic                      on-line instructions for submitting                   ‘‘such exemption would likely achieve a
                                                  filing. If you submit comments by mail                   comments.                                             level of safety that is equivalent to or
                                                  and would like to know that they                           • Mail: Docket Management Facility;                 greater than the level that would be
                                                  reached the facility, please enclose a                   U.S. Department of Transportation, 1200               achieved absent such exemption.’’ The
                                                  stamped, self-addressed postcard or                      New Jersey Avenue SE., West Building                  statute also allows the Agency to renew
                                                  envelope. FMCSA will consider all                        Ground Floor, Room W12–140,                           exemptions at the end of the 2-year
                                                  comments and material received during                    Washington, DC 20590–0001.                            period. The 58 individuals listed in this
                                                  the comment period and may change                          • Hand Delivery: West Building                      notice have recently requested such an
                                                  this notice based on your comments.                      Ground Floor, Room W12–140, 1200                      exemption from the diabetes prohibition
                                                  Viewing Comments and Documents                           New Jersey Avenue SE., Washington,                    in 49 CFR 391.41(b) (3), which applies
                                                                                                           DC, between 9 a.m. and 5 p.m., Monday                 to drivers of CMVs in interstate
                                                     To view comments, as well as any                                                                            commerce. Accordingly, the Agency
                                                                                                           through Friday, except Federal
                                                  documents mentioned in this preamble                                                                           will evaluate the qualifications of each
                                                                                                           Holidays.
                                                  as being available in the docket, go to
                                                                                                             • Fax: 1–202–493–2251.                              applicant to determine whether granting
                                                  http://www.regulations.gov and in the                                                                          the exemption will achieve the required
                                                                                                              Instructions: Each submission must
                                                  search box insert the docket number,                                                                           level of safety mandated by statute.
                                                                                                           include the Agency name and the
                                                  ‘‘FMCSA–2011–0140’’ in the
                                                                                                           docket numbers for this notice. Note                  II. Qualifications of Applicants
                                                  ‘‘Keyword’’ box and click ‘‘Search.’’
                                                                                                           that all comments received will be
                                                  Next, click ‘‘Open Docket Folder’’                                                                             James D. Acker
                                                                                                           posted without change to http://
                                                  button choose the document listed to
                                                                                                           www.regulations.gov, including any                      Mr. Acker, 43, has had ITDM since
                                                  review. If you do not have access to the
                                                                                                           personal information provided. Please                 2012. His endocrinologist examined him
                                                  Internet, you may view the docket
                                                                                                           see the Privacy Act heading below for                 in 2015 and certified that he has had no
                                                  online by visiting the Docket
                                                                                                           further information.                                  severe hypoglycemic reactions resulting
                                                  Management Facility in Room W12–140
                                                                                                              Docket: For access to the docket to                in loss of consciousness, requiring the
                                                  on the ground floor of the DOT West
                                                                                                           read background documents or                          assistance of another person, or
                                                  Building, 1200 New Jersey Avenue SE.,
                                                                                                           comments, go to http://                               resulting in impaired cognitive function
                                                  Washington, DC 20590, between 9 a.m.
                                                                                                           www.regulations.gov at any time or                    that occurred without warning in the
                                                  and 5 p.m., e.t., Monday through Friday,
                                                                                                           Room W12–140 on the ground level of                   past 12 months and no recurrent (2 or
                                                  except Federal holidays.
                                                                                                           the West Building, 1200 New Jersey                    more) severe hypoglycemic episodes in
                                                    Issued on: July 7, 2015.                               Avenue SE., Washington, DC, between 9                 the last 5 years. His endocrinologist
                                                  Larry W. Minor,                                          a.m. and 5 p.m., Monday through                       certifies that Mr. Acker understands
                                                  Associate Administrator for Policy.                      Friday, except Federal holidays. The                  diabetes management and monitoring,
                                                  [FR Doc. 2015–17330 Filed 7–14–15; 8:45 am]              Federal Docket Management System                      has stable control of his diabetes using
                                                  BILLING CODE 4910–EX–P                                   (FDMS) is available 24 hours each day,                insulin, and is able to drive a CMV
                                                                                                           365 days each year. If you want                       safely. Mr. Acker meets the
                                                                                                           acknowledgment that we received your                  requirements of the vision standard at
                                                  DEPARTMENT OF TRANSPORTATION                             comments, please include a self-                      49 CFR 391.41(b)(10). His optometrist
                                                                                                           addressed, stamped envelope or                        examined him in 2014 and certified that
                                                  Federal Motor Carrier Safety                             postcard or print the acknowledgement
                                                  Administration                                                                                                 he does not have diabetic retinopathy.
                                                                                                           page that appears after submitting                    He holds an operator’s license from
                                                  [Docket No. FMCSA–2015–0063]                             comments on-line.                                     Oregon.
                                                                                                              Privacy Act: In accordance with 5
                                                  Qualification of Drivers; Exemption                      U.S.C. 553(c), DOT solicits comments                  Henry Andreoli
                                                  Applications; Diabetes Mellitus                          from the public to better inform its                    Mr. Andreoli, 65, has had ITDM since
                                                  AGENCY: Federal Motor Carrier Safety                     rulemaking process. DOT posts these                   2010. His endocrinologist examined him
                                                  Administration (FMCSA), DOT.                             comments, without edit, including any                 in 2015 and certified that he has had no
                                                                                                           personal information the commenter                    severe hypoglycemic reactions resulting
                                                  ACTION: Notice of applications for
                                                                                                           provides, to www.regulations.gov, as                  in loss of consciousness, requiring the
                                                  exemptions; request for comments.                        described in the system of records                    assistance of another person, or
                                                  SUMMARY:   FMCSA announces receipt of                    notice (DOT/ALL–14 FDMS), which can                   resulting in impaired cognitive function
                                                  applications from 58 individuals for                     be reviewed at www.dot.gov/privacy.                   that occurred without warning in the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  exemption from the prohibition against                   FOR FURTHER INFORMATION CONTACT:                      past 12 months and no recurrent (2 or
                                                  persons with insulin-treated diabetes                    Charles A. Horan, III, Director, Carrier,             more) severe hypoglycemic episodes in
                                                  mellitus (ITDM) operating commercial                     Driver and Vehicle Safety Standards,                  the last 5 years. His endocrinologist
                                                  motor vehicles (CMVs) in interstate                      (202) 366–4001, fmcsamedical@dot.gov,                 certifies that Mr. Andreoli understands
                                                  commerce. If granted, the exemptions                     FMCSA, Department of Transportation,                  diabetes management and monitoring,
                                                  would enable these individuals with                      1200 New Jersey Avenue SE., Room                      has stable control of his diabetes using
                                                  ITDM to operate CMVs in interstate                       W64–224, Washington, DC 20590–0001.                   insulin, and is able to drive a CMV
                                                  commerce.                                                Office hours are from 8:30 a.m. to 5                  safely. Mr. Andreoli meets the


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Document Created: 2015-12-15 13:32:23
Document Modified: 2015-12-15 13:32:23
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 August 12, 2015. Comments must be received on or before August 14, 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 41548 

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