80_FR_48557 80 FR 48402 - Qualification of Drivers; Exemption Applications; Vision

80 FR 48402 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48402-48403
FR Document2015-19792

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 15 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 155 (Wednesday, August 12, 2015) 
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48402-48403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19792]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2007-27897]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
15 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 September 13, 2015. Comments must be 
received on or before September 11, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998-
4334; FMCSA-2007-27897], 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

[[Page 48403]]

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 15 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 15 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

John A. Bridges (GA)
Duane C. Conway (NV)
Brian W. Curtis (IL)
Robin C. Duckett (SC)
Marco A. Esquivel (CA)
Tomie L. Estes (MO)
Ray C. Johnson (AR)
Terry R. Jones (MO)
James J. Mithcell (NC)
Andrew M. Nurnberg (GA)
Joshua R. Perkins (ID)
Craig R. Saari (MN)
Jerry L. Schroder (IL)
William C. Smith (FL)
Larry D. Steiner (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 15 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 66226; 64 FR 16517; 66 FR 41656; 68 FR 44837; 70 FR 
41811; 72 FR 39879; 72 FR 40362; 72 FR 52419; 74 FR 41971; 76 FR 54530; 
78 FR 78477). Each of these 15 applicants has requested renewal of the 
exemption and has submitted evidence showing that the vision in the 
better eye continues to meet the requirement specified at 49 CFR 
391.41(b)(10) and that the vision impairment is stable. In addition, a 
review of each record of safety while driving with the respective 
vision deficiencies over the past two years indicates each applicant 
continues to meet the vision exemption requirements.
    These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each 
renewal applicant for a period of two years is likely to achieve a 
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-1998-4334; FMCSA-2007-27897), 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-1998-4334; FMCSA-2007-27897'' 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-1998-4334; FMCSA-2007-27897'' 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 August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-19792 Filed 8-11-15; 8:45 am]
BILLING CODE 4910-EX-P

48402 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices this notice. We will consider all are questions regarding your the vision requirement if the comments received before the close of submission. exemptions granted will not business on the closing date indicated To submit your comment online, go to compromise safety. The Agency has in the date section of the notice. http://www.regulations.gov and in the concluded that granting these FMCSA notes that section 4129 of the search box insert the docket number exemption renewals will provide a level Safe, Accountable, Flexible and FMCSA–2015–0065 and click the search of safety that is equivalent to or greater Efficient Transportation Equity Act: A button. When the new screen appears, than the level of safety maintained Legacy for Users requires the Secretary click on the blue ‘‘Comment Now!’’ without the exemptions for these to revise its diabetes exemption program button on the right hand side of the commercial motor vehicle (CMV) established on September 3, 2003 (68 FR page. On the new page, enter drivers. 52441).1 The revision must provide for information required including the DATES: This decision is effective individual assessment of drivers with specific section of this document to September 13, 2015. Comments must be diabetes mellitus, and be consistent which each comment applies, and received on or before September 11, with the criteria described in section provide a reason for each suggestion or 2015. 4018 of the Transportation Equity Act recommendation. If you submit your for the 21st Century (49 U.S.C. 31305). comments by mail or hand delivery, ADDRESSES: You may submit comments Section 4129 requires: (1) Elimination submit them in an unbound format, no bearing the Federal Docket Management of the requirement for 3 years of larger than 81⁄2 by 11 inches, suitable for System (FDMS) numbers: Docket No. experience operating CMVs while being copying and electronic filing. If you [Docket No. FMCSA–1998–4334; treated with insulin; and (2) submit comments by mail and would FMCSA–2007–27897], using any of the establishment of a specified minimum like to know that they reached the following methods: period of insulin use to demonstrate facility, please enclose a stamped, self- • Federal eRulemaking Portal: Go to stable control of diabetes before being addressed postcard or envelope. http://www.regulations.gov. Follow the allowed to operate a CMV. We will consider all comments and on-line instructions for submitting In response to section 4129, FMCSA material received during the comment comments. period and may change this proposed • Mail: Docket Management Facility; made immediate revisions to the rule based on your comments. FMCSA U.S. Department of Transportation, 1200 diabetes exemption program established may issue a final rule at any time after New Jersey Avenue SE., West Building by the September 3, 2003 notice. the close of the comment period. Ground Floor, Room W12–140, FMCSA discontinued use of the 3-year Washington, DC 20590–0001. driving experience and fulfilled the V. Viewing Comments and Documents • Hand Delivery or Courier: West requirements of section 4129 while Building Ground Floor, Room W12–140, continuing to ensure that operation of To view comments, as well as any documents mentioned in this preamble, 1200 New Jersey Avenue SE., CMVs by drivers with ITDM will Washington, DC, between 9 a.m. and 5 achieve the requisite level of safety to submit your comment online, go to http://www.regulations.gov and in the p.m., Monday through Friday, except required of all exemptions granted Federal Holidays. under 49 U.S.C.. 31136(e). search box insert the docket number FMCSA–2015–0065 and click ‘‘Search.’’ • Fax: 1–202–493–2251. Section 4129(d) also directed FMCSA Instructions: Each submission must to ensure that drivers of CMVs with Next, click ‘‘Open Docket Folder’’ and you will find all documents and include the Agency name and the ITDM are not held to a higher standard docket number for this notice. Note that than other drivers, with the exception of comments related to the proposed rulemaking. DOT posts all comments received limited operating, monitoring and without change to http:// medical requirements that are deemed Issued on: July 28, 2015. www.regulations.gov, including any medically necessary. Larry W. Minor, personal information included in a The FMCSA concluded that all of the Associate Administrator for Policy. comment. Please see the Privacy Act operating, monitoring and medical [FR Doc. 2015–19795 Filed 8–11–15; 8:45 am] heading below. requirements set out in the September 3, BILLING CODE 4910–EX–P Docket: For access to the docket to 2003 notice, except as modified, were in read background documents or compliance with section 4129(d). comments, go to http:// Therefore, all of the requirements set DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or out in the September 3, 2003 notice, Room W12–140 on the ground level of except as modified by the notice in the Federal Motor Carrier Safety the West Building, 1200 New Jersey Federal Register on November 8, 2005 Administration Avenue SE., Washington, DC, between 9 (70 FR 67777), remain in effect. [Docket No. FMCSA–1998–4334; FMCSA– a.m. and 5 p.m., Monday through IV. Submitting Comments 2007–27897] Friday, except Federal holidays. The Federal Docket Management System You may submit your comments and Qualification of Drivers; Exemption (FDMS) is available 24 hours each day, material online or by fax, mail, or hand Applications; Vision 365 days each year. If you want delivery, but please use only one of acknowledgment that we received your these means. FMCSA recommends that AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. comments, please include a self- you include your name and a mailing addressed, stamped envelope or address, an email address, or a phone ACTION: Notice of renewal of mstockstill on DSK4VPTVN1PROD with NOTICES exemptions; request for comments. postcard or print the acknowledgement number in the body of your document page that appears after submitting so that FMCSA can contact you if there SUMMARY: FMCSA announces its comments on-line. decision to renew the exemptions from Privacy Act: In accordance with 5 1 Section 4129(a) refers to the 2003 notice as a the vision requirement in the Federal U.S.C. 553(c), DOT solicits comments ‘‘final rule.’’ However, the 2003 notice did not issue a ‘‘final rule’’ but did establish the procedures and Motor Carrier Safety Regulations for 15 from the public to better inform its standards for issuing exemptions for drivers with individuals. FMCSA has statutory rulemaking process. DOT posts these ITDM. authority to exempt individuals from comments, without edit, including any VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48403 personal information the commenter ophthalmologist’s or optometrist’s notice (FMCSA–1998–4334; FMCSA– provides, to www.regulations.gov, as report to the medical examiner at the 2007–27897), indicate the specific described in the system of records time of the annual medical examination; section of this document to which each notice (DOT/ALL–14 FDMS), which can and (3) that each individual provide a comment applies, and provide a reason be reviewed at www.dot.gov/privacy. copy of the annual medical certification for each suggestion or recommendation. FOR FURTHER INFORMATION CONTACT: to the employer for retention in the You may submit your comments and Charles A. Horan, III, Director, Carrier, driver’s qualification file and retains a material online or by fax, mail, or hand Driver and Vehicle Safety Standards, copy of the certification on his/her delivery, but please use only one of 202–366–4001, fmcsamedical@dot.gov, person while driving for presentation to these means. FMCSA recommends that FMCSA, Department of Transportation, a duly authorized Federal, State, or local you include your name and a mailing 1200 New Jersey Avenue SE., Room enforcement official. Each exemption address, an email address, or a phone W64–224, Washington, DC 20590–0001. will be valid for two years unless rescinded earlier by FMCSA. The number in the body of your document Office hours are from 8:30 a.m. to 5 p.m. so the Agency can contact you if it has Monday through Friday, except Federal exemption will be rescinded if: (1) The person fails to comply with the terms questions regarding your submission. holidays. and conditions of the exemption; (2) the To submit your comment online, go to SUPPLEMENTARY INFORMATION: exemption has resulted in a lower level http://www.regulations.gov and put the I. Background of safety than was maintained before it docket number, ‘‘FMCSA–1998–4334; Under 49 U.S.C. 31136(e) and 31315, was granted; or (3) continuation of the FMCSA–2007–27897’’ in the FMCSA may renew an exemption from exemption would not be consistent with ‘‘Keyword’’ box, and click ‘‘Search.’’ the vision requirements in 49 CFR the goals and objectives of 49 U.S.C. When the new screen appears, click on 391.41(b)(10), which applies to drivers 31136(e) and 31315. ‘‘Comment Now!’’ button and type your of CMVs in interstate commerce, for a III. Basis for Renewing Exemptions comment into the text box in the two-year period if it finds ‘‘such following screen. Choose whether you Under 49 U.S.C. 31315(b)(1), an exemption would likely achieve a level are submitting your comment as an exemption may be granted for no longer of safety that is equivalent to or greater than two years from its approval date individual or on behalf of a third party than the level that would be achieved and may be renewed upon application and then submit. If you submit your absent such exemption.’’ The for additional two year periods. In comments by mail or hand delivery, procedures for requesting an exemption accordance with 49 U.S.C. 31136(e) and submit them in an unbound format, no (including renewals) are set out in 49 31315, each of the 15 applicants has larger than 81⁄2 by 11 inches, suitable for CFR part 381. satisfied the entry conditions for copying and electronic filing. If you II. Exemption Decision obtaining an exemption from the vision submit comments by mail and would requirements (63 FR 66226; 64 FR like to know that they reached the This notice addresses 15 individuals facility, please enclose a stamped, self- who have requested renewal of their 16517; 66 FR 41656; 68 FR 44837; 70 FR 41811; 72 FR 39879; 72 FR 40362; 72 FR addressed postcard or envelope. FMCSA exemptions in accordance with FMCSA 52419; 74 FR 41971; 76 FR 54530; 78 FR will consider all comments and material procedures. FMCSA has evaluated these 15 applications for renewal on their 78477). Each of these 15 applicants has received during the comment period merits and decided to extend each requested renewal of the exemption and and may change this notice based on exemption for a renewable two-year has submitted evidence showing that your comments. period. They are: the vision in the better eye continues to meet the requirement specified at 49 Viewing Comments and Documents John A. Bridges (GA) CFR 391.41(b)(10) and that the vision Duane C. Conway (NV) To view comments, as well as any impairment is stable. In addition, a documents mentioned in this preamble Brian W. Curtis (IL) review of each record of safety while Robin C. Duckett (SC) as being available in the docket, go to driving with the respective vision Marco A. Esquivel (CA) http://www.regulations.gov and in the deficiencies over the past two years Tomie L. Estes (MO) search box insert the docket number, indicates each applicant continues to Ray C. Johnson (AR) ‘‘FMCSA–1998–4334; FMCSA–2007– meet the vision exemption Terry R. Jones (MO) 27897’’ in the ‘‘Keyword’’ box and click requirements. James J. Mithcell (NC) ‘‘Search.’’ Next, click ‘‘Open Docket These factors provide an adequate Andrew M. Nurnberg (GA) Folder’’ button choose the document basis for predicting each driver’s ability Joshua R. Perkins (ID) listed to review. If you do not have to continue to drive safely in interstate Craig R. Saari (MN) access to the Internet, you may view the commerce. Therefore, FMCSA Jerry L. Schroder (IL) docket online by visiting the Docket William C. Smith (FL) concludes that extending the exemption for each renewal applicant for a period Management Facility in Room W12–140 Larry D. Steiner (MN) of two years is likely to achieve a level on the ground floor of the DOT West The exemptions are extended subject of safety equal to that existing without Building, 1200 New Jersey Avenue SE., to the following conditions: (1) That the exemption. Washington, DC 20590, between 9 a.m. each individual has a physical IV. Public Participation and Request for and 5 p.m., e.t., Monday through Friday, examination every year (a) by an Comments except Federal holidays. mstockstill on DSK4VPTVN1PROD with NOTICES ophthalmologist or optometrist who attests that the vision in the better eye FMCSA encourages you to participate Issued on August 6, 2015. continues to meet the requirements in by submitting comments and related Larry W. Minor, 49 CFR 391.41(b)(10), and (b) by a materials. Associate Administrator for Policy. medical examiner who attests that the [FR Doc. 2015–19792 Filed 8–11–15; 8:45 am] individual is otherwise physically Submitting Comments BILLING CODE 4910–EX–P qualified under 49 CFR 391.41; (2) that If you submit a comment, please each individual provides a copy of the include the docket number for this VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00117 Fmt 4703 Sfmt 9990 E:\FR\FM\12AUN1.SGM 12AUN1


Document Created: 2016-09-27 22:27:28
Document Modified: 2016-09-27 22:27:28
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 September 13, 2015. Comments must be received on or before September 11, 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 48402 
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