80 FR 44185 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 142 (July 24, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 142 (July 24, 2015)
| Page Range | 44185-44186 | |
| FR Document | 2015-18160 |
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)] [Notices] [Pages 44185-44186] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18160] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2003-15268] 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 13 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 August 15, 2015. Comments must be received on or before August 24, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2001- 9258; FMCSA-2001-9561; FMCSA-2003-15268], 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 13 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 13 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Domenic J. Carassai (NJ) Bruce E. Hemmer (WI) Steven P. Holden (MD) Christopher G. Jarvela (MI) Donald L. Jensen (SD) Brad L. Mathna (PA) [[Page 44186]] Vincent P. Miller (CA) Warren J. Nyland (MI) Dennis M. Prevas (WI) Greg L. Riles (IA) Wesley E. Turner (TX) Mona J. Van Krieken (OR) Paul S. Yocum (IN) The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 13 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (66 FR 17743; 66 FR 30502; 66 FR 33990; 66 FR 41654; 68 FR 35772; 68 FR 37197; 68 FR 44837; 68 FR 48989; 70 FR 33937; 70 FR 41811; 70 FR 42615; 72 FR 40360; 74 FR 34632; 76 FR 49531; 79 FR 4531). Each of these 13 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-2001-9561; FMCSA-2003-15268), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number, ``FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2003- 15268'' 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-2001-9561; FMCSA-2003-15268'' 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 13, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-18160 Filed 7-23-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices 44185
traffic volumes, and the overall DEPARTMENT OF TRANSPORTATION comments, go to http://
geometric layout, including 12 www.regulations.gov at any time or
interchange points, the I–20/I–26/I–126 Federal Motor Carrier Safety Room W12–140 on the ground level of
corridor has become one of the most Administration the West Building, 1200 New Jersey
congested interstate sections in South [Docket No. FMCSA–2001–9258; FMCSA– Avenue SE., Washington, DC, between 9
Carolina. Improvements to the corridor 2001–9561; FMCSA–2003–15268] a.m. and 5 p.m., Monday through
are considered necessary to provide for Friday, except Federal holidays. The
the existing and projected traffic Qualification of Drivers; Exemption Federal Docket Management System
demand and to address the existing and Applications; Vision (FDMS) is available 24 hours each day,
projected future congestion. In order to 365 days each year. If you want
AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
address the existing and anticipated Administration (FMCSA), DOT.
traffic volumes, SCDOT is developing comments, please include a self-
ACTION: Notice of renewal of addressed, stamped envelope or
an EIS that will promote informed exemptions; request for comments. postcard or print the acknowledgement
decision making in the development of
page that appears after submitting
a solution to reduce congestion, SUMMARY: FMCSA announces its comments on-line.
improve traffic operations, increase decision to renew the exemptions from Privacy Act: In accordance with 5
safety and increase capacity. the vision requirement in the Federal U.S.C. 553(c), DOT solicits comments
The FHWA and SCDOT are seeking Motor Carrier Safety Regulations for 13 from the public to better inform its
input as part of the scoping process to individuals. FMCSA has statutory rulemaking process. DOT posts these
assist in identifying issues relative to authority to exempt individuals from comments, without edit, including any
the vision requirement if the personal information the commenter
this project and potential solutions.
exemptions granted will not provides, to www.regulations.gov, as
Letters describing the proposed action
compromise safety. The Agency has described in the system of records
and soliciting comments will be sent to concluded that granting these
appropriate Federal, State, and local notice (DOT/ALL–14 FDMS), which can
exemption renewals will provide a level be reviewed at www.dot.gov/privacy.
agencies, and to private organizations of safety that is equivalent to or greater
and citizens who have previously FOR FURTHER INFORMATION CONTACT:
than the level of safety maintained
expressed an interest in this proposal. without the exemptions for these Charles A. Horan, III, Director, Carrier,
Formal public scoping meetings will be commercial motor vehicle (CMV) Driver and Vehicle Safety Standards,
held in Lexington and Richland drivers. 202–366–4001, fmcsamedical@dot.gov,
counties. In addition, public FMCSA, Department of Transportation,
DATES: This decision is effective August 1200 New Jersey Avenue SE., Room
information meetings will be held as the
15, 2015. Comments must be received W64–224, Washington, DC 20590–0001.
project is developed, and a public
on or before August 24, 2015. Office hours are from 8:30 a.m. to 5 p.m.
hearing will be conducted after the
ADDRESSES: You may submit comments Monday through Friday, except Federal
approval of the draft EIS. Public notice
bearing the Federal Docket Management holidays.
will be given of the time and place of
System (FDMS) numbers: Docket No. SUPPLEMENTARY INFORMATION:
the meetings and hearing. The draft EIS
[Docket No. FMCSA–2001–9258;
will be available for public and agency I. Background
FMCSA–2001–9561; FMCSA–2003–
review and comment prior to the public 15268], using any of the following Under 49 U.S.C. 31136(e) and 31315,
hearing. methods: FMCSA may renew an exemption from
To ensure that the full range of issues • Federal eRulemaking Portal: Go to the vision requirements in 49 CFR
related to this proposed action are http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers
addressed and all significant issues on-line instructions for submitting of CMVs in interstate commerce, for a
identified, comments, and suggestions comments. two-year period if it finds ‘‘such
are invited from all interested parties. • Mail: Docket Management Facility; exemption would likely achieve a level
Comments or questions concerning this U.S. Department of Transportation, 1200 of safety that is equivalent to or greater
proposed action and the EIS should be New Jersey Avenue SE., West Building than the level that would be achieved
directed to the FHWA at the address Ground Floor, Room W12–140, absent such exemption.’’ The
provided above. Washington, DC 20590–0001. procedures for requesting an exemption
• Hand Delivery or Courier: West (including renewals) are set out in 49
(Catalog of Federal Domestic Assistance Building Ground Floor, Room W12–140, CFR part 381.
Program Number 20.205, Highway Planning 1200 New Jersey Avenue SE.,
and Construction. The regulations II. Exemption Decision
Washington, DC, between 9 a.m. and 5
implementing Executive Order 12372 This notice addresses 13 individuals
p.m., Monday through Friday, except
regarding intergovernmental consultation on who have requested renewal of their
Federal Holidays.
Federal programs and activities apply to this
• Fax: 1–202–493–2251. exemptions in accordance with FMCSA
program.) procedures. FMCSA has evaluated these
Instructions: Each submission must
Dated: July 7, 2015. include the Agency name and the 13 applications for renewal on their
docket number for this notice. Note that merits and decided to extend each
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Robert D. Thomas, II,
Assistant Division Administrator, Columbia, DOT posts all comments received exemption for a renewable two-year
South Carolina. without change to http:// period. They are:
[FR Doc. 2015–17020 Filed 7–23–15; 8:45 am] www.regulations.gov, including any Domenic J. Carassai (NJ)
personal information included in a Bruce E. Hemmer (WI)
BILLING CODE 4910–22–P
comment. Please see the Privacy Act Steven P. Holden (MD)
heading below. Christopher G. Jarvela (MI)
Docket: For access to the docket to Donald L. Jensen (SD)
read background documents or Brad L. Mathna (PA)
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![44186 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices
Vincent P. Miller (CA) to meet the vision exemption ‘‘Keyword’’ box and click ‘‘Search.’’
Warren J. Nyland (MI) requirements. Next, click ‘‘Open Docket Folder’’
Dennis M. Prevas (WI) These factors provide an adequate button choose the document listed to
Greg L. Riles (IA) basis for predicting each driver’s ability review. If you do not have access to the
Wesley E. Turner (TX) to continue to drive safely in interstate Internet, you may view the docket
Mona J. Van Krieken (OR) commerce. Therefore, FMCSA online by visiting the Docket
Paul S. Yocum (IN) concludes that extending the exemption Management Facility in Room W12–140
The exemptions are extended subject for each renewal applicant for a period on the ground floor of the DOT West
to the following conditions: (1) That of two years is likely to achieve a level Building, 1200 New Jersey Avenue SE.,
each individual has a physical of safety equal to that existing without Washington, DC 20590, between 9 a.m.
examination every year (a) by an the exemption. and 5 p.m., e.t., Monday through Friday,
ophthalmologist or optometrist who IV. Public Participation and Request for except Federal holidays.
attests that the vision in the better eye Comments Issued on: July 13, 2015.
continues to meet the requirements in FMCSA encourages you to participate Larry W. Minor,
49 CFR 391.41(b)(10), and (b) by a by submitting comments and related Associate Administrator for Policy.
medical examiner who attests that the materials. [FR Doc. 2015–18160 Filed 7–23–15; 8:45 am]
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–
time of the annual medical examination; 2001–9561; FMCSA–2003–15268), Federal Motor Carrier Safety
and (3) that each individual provide a indicate the specific section of this Administration
copy of the annual medical certification document to which each comment
to the employer for retention in the applies, and provide a reason for each [Docket No. FMCSA–2015–0239]
driver’s qualification file and retains a suggestion or recommendation. You
copy of the certification on his/her may submit your comments and Parts and Accessories Necessary for
person while driving for presentation to material online or by fax, mail, or hand Safe Operation; Application for an
a duly authorized Federal, State, or local delivery, but please use only one of Exemption From Volvo Trucks of North
enforcement official. Each exemption these means. FMCSA recommends that America
will be valid for two years unless you include your name and a mailing
rescinded earlier by FMCSA. The AGENCY: Federal Motor Carrier Safety
address, an email address, or a phone Administration (FMCSA), DOT.
exemption will be rescinded if: (1) The number in the body of your document
person fails to comply with the terms ACTION: Notice of application for
so the Agency can contact you if it has
and conditions of the exemption; (2) the questions regarding your submission. exemption; request for comments.
exemption has resulted in a lower level To submit your comment online, go to SUMMARY: The Federal Motor Carrier
of safety than was maintained before it http://www.regulations.gov and put the Safety Administration (FMCSA)
was granted; or (3) continuation of the docket number, ‘‘FMCSA–2001–9258; requests public comment on an
exemption would not be consistent with FMCSA–2001–9561; FMCSA–2003– application for exemption from Volvo
the goals and objectives of 49 U.S.C. 15268’’ in the ‘‘Keyword’’ box, and click Trucks of North America (Volvo) to
31136(e) and 31315. ‘‘Search.’’ When the new screen allow the placement of rain and ambient
III. Basis for Renewing Exemptions appears, click on ‘‘Comment Now!’’ light detection sensors on Volvo
button and type your comment into the commercial motor vehicles (CMV) lower
Under 49 U.S.C. 31315(b)(1), an text box in the following screen. Choose
exemption may be granted for no longer in the windshield than is currently
whether you are submitting your permitted by the Agency’s regulations in
than two years from its approval date comment as an individual or on behalf
and may be renewed upon application order to utilize a mounting location that
of a third party and then submit. If you allows the sensor to function correctly.
for additional two year periods. In submit your comments by mail or hand
accordance with 49 U.S.C. 31136(e) and The Federal Motor Carrier Safety
delivery, submit them in an unbound Regulations (FMCSRs) currently require
31315, each of the 13 applicants has format, no larger than 81⁄2 by 11 inches,
satisfied the entry conditions for antennas, transponders, and similar
suitable for copying and electronic devices to be located not more than 6
obtaining an exemption from the vision filing. If you submit comments by mail
requirements (66 FR 17743; 66 FR inches below the upper edge of the
and would like to know that they windshield, outside the area swept by
30502; 66 FR 33990; 66 FR 41654; 68 FR reached the facility, please enclose a
35772; 68 FR 37197; 68 FR 44837; 68 FR the windshield wipers, and outside the
stamped, self-addressed postcard or driver’s sight lines to the road and
48989; 70 FR 33937; 70 FR 41811; 70 FR envelope. FMCSA will consider all
42615; 72 FR 40360; 74 FR 34632; 76 FR highway signs and signals. Volvo
comments and material received during believes that mounting the sensor lower
49531; 79 FR 4531). Each of these 13 the comment period and may change
applicants has requested renewal of the in the windshield will allow it to
this notice based on your comments. function properly while maximizing the
exemption and has submitted evidence
asabaliauskas on DSK5VPTVN1PROD with NOTICES
showing that the vision in the better eye Viewing Comments and Documents external view of the road and
continues to meet the requirement To view comments, as well as any maintaining an adequate forward facing
specified at 49 CFR 391.41(b)(10) and documents mentioned in this preamble field of view for the driver.
that the vision impairment is stable. In as being available in the docket, go to DATES: Comments must be received on
addition, a review of each record of http://www.regulations.gov and in the or before August 24, 2015.
safety while driving with the respective search box insert the docket number, ADDRESSES: You may submit comments
vision deficiencies over the past two ‘‘FMCSA–2001–9258; FMCSA–2001– bearing the Federal Docket Management
years indicates each applicant continues 9561; FMCSA–2003–15268’’ in the System (FDMS) Docket ID FMCSA–
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Document Created: 2018-02-23 09:24:59
Document Modified: 2018-02-23 09:24:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | This decision is effective August 15, 2015. Comments must be received on or before August 24, 2015. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 44185 |
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