80 FR 50915 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range		50915-50917
FR Document		2015-20682

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 162 (Friday, August 21, 2015)

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50915-50917]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-20682]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0124; 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
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective September 7, 2015. Comments must be
received on or before September 21, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0124; 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

[[Page 50916]]

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,
fmcsamedical@dot.gov, 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:

Charles E. Carter (MI), James A. Ellis (NY), Michael R. Gartin (OH),
Dale L. Giardine (PA), Richard A. McGuire (KY), Dennis L. Morgan (WA),
Peter M. Shirk (PA), Thomas C. Stromwall (MN), Joseph A. Wells (IL).

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 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR
78477). 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-2011-0124; 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-2011-0124; FMCSA-2011-0140'' 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-2011-0124; FMCSA-2011-0140'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket

[[Page 50917]]

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 3, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20682 Filed 8-20-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 50915

want us to notify you that we received On May 13, 2002, the agency published Issued under the authority of 49 CFR 1.87
your comments, please include a self- an IFR entitled, ‘‘New Entrant Safety on: August 14, 2015.
addressed, stamped envelope or Assurance Process’’ (67 FR 31978). G. Kelly Regal,
postcard, or print the acknowledgement On August, 23, 2013, the agency Associate Administrator for Office of
page that appears after submitting published a Final Rule titled, ‘‘Unified Research and Information Technology.
comments online. Comments received Registration System,’’ (URS) which [FR Doc. 2015–20683 Filed 8–20–15; 8:45 am]
after the comment closing date will be requires interstate motor carriers, freight BILLING CODE 4910–EX–P
included in the docket and will be forwarders, brokers, intermodal
considered to the extent practicable. equipment providers, hazardous
FOR FURTHER INFORMATION CONTACT: Mr. materials safety permit applicants, and DEPARTMENT OF TRANSPORTATION
Jeff Secrist, Office of Registration and cargo tank facilities to file for
Safety Information, Department of Federal Motor Carrier Safety
registration via a new online Form
Transportation, Federal Motor Carrier Administration
MCSA–1. The Form MCSA–1 will
Safety Administration, West Building replace the existing Forms MCS–150B [Docket No. FMCSA–2011–0124; FMCSA–
6th Floor, 1200 New Jersey Avenue SE., and MCS–150C in this ICR. However, 2011–0140]
Washington, DC 20590–0001. the Form MCS–150 will be retained for
Telephone: 202–385–2367; email the small number of Mexico-domiciled Qualification of Drivers; Exemption
jeff.secrist@dot.gov. carriers that seek authority to operate Applications; Vision
SUPPLEMENTARY INFORMATION: beyond the United States municipalities AGENCY: Federal Motor Carrier Safety
Background: Title 49, United States on the United States-Mexico border and Administration (FMCSA), DOT.
Code Section 504(b)(2) provides the their commercial zones because they are
ACTION: Notice of renewal of
Secretary of Transportation (Secretary) not included within the scope of the
exemptions; request for comments.
with authority to require carriers, URS Final Rule. This revised ICR
lessors, associations, or classes of these captures the burden on the Mexico- SUMMARY: FMCSA announces its
entities to file annual, periodic, and domiciled carriers that will continue to decision to renew the exemptions from
special reports containing answers to use Form MCS–150 after the vision requirement in the Federal
questions asked by the Secretary. The implementation of the URS Final Rule Motor Carrier Safety Regulations for 9
Secretary may also prescribe the form of effective October, 23 2015. individuals. FMCSA has statutory
records required to be prepared or Title: Motor Carrier Identification authority to exempt individuals from
compiled and the time period during Report. the vision requirement if the
which records must be preserved (See OMB Control Number: 2126–0013. exemptions granted will not
section 504(b) (1) and (d)). The FMCSA compromise safety. The Agency has
Type of Request: Revision of a
will use this data to administer its safety concluded that granting these
currently-approved information
programs by establishing a database of exemption renewals will provide a level
collection.
entities that are subject to its of safety that is equivalent to or greater
regulations. This database necessitates Respondents: Mexico domiciled than the level of safety maintained
that these entities notify the FMCSA of motor carriers and commercial motor without the exemptions for these
their existence. For example, under 49 vehicle drivers. commercial motor vehicle (CMV)
CFR 390.19(a), FMCSA requires all Estimated Number of Respondents: drivers.
motor carriers beginning operations to 15,291.
file a Form MCS–150 entitled, Motor DATES: This decision is effective
Estimated Time per Response: 20 September 7, 2015. Comments must be
Carrier Identification Report. This report minutes for new filings and 7.5 minutes
is filed by all motor carriers conducting received on or before September 21,
for biennial updates and changes to 2015.
operations in interstate or international complete the Form MCS–150.
commerce before beginning operations. Expiration Date: December 31, 2015. ADDRESSES: You may submit comments
It asks the respondent to provide the bearing the Federal Docket Management
Frequency of Response: On occasion System (FDMS) numbers: Docket No.
name of the business entity that owns
and biennially. [Docket No. FMCSA–2011–0124;
and controls the motor carrier operation,
address and telephone of principal Estimated Total Annual Burden: 386 FMCSA–2011–0140], using any of the
place of business, assigned hours [(396 new filings × 20 minutes ÷ following methods:
identification number(s), type of 60 minutes) + (2,030 biennial updates • Federal eRulemaking Portal: Go to
operation, types of cargo usually and changes × 7.5 minutes ÷ 60 http://www.regulations.gov. Follow the
transported, number of vehicles owned, minutes)]. on-line instructions for submitting
term leased and trip leased, driver Public Comments Invited: You are comments.
information, and certification statement asked to comment on any aspect of this • Mail: Docket Management Facility;
signed by an individual authorized to information collection, including: (1) U.S. Department of Transportation, 1200
sign documents on behalf of the Whether the proposed collection is New Jersey Avenue SE., West Building
business entity. necessary for the performance of Ground Floor, Room W12–140,
The Department of Transportation FMCSA’s functions; (2) the accuracy of Washington, DC 20590–0001.
and Related Agencies Appropriations the estimated burden; (3) ways for the • Hand Delivery or Courier: West
Act for fiscal year 2002, Public Law FMCSA to enhance the quality, Building Ground Floor, Room W12–140,
rmajette on DSK7SPTVN1PROD with NOTICES

107–87, 115 Stat. 833, dated December usefulness, and clarity of the collected 1200 New Jersey Avenue SE.,
18, 2001 (see Attachment B), directed information; and (4) ways that the Washington, DC, between 9 a.m. and 5
the agency to issue an interim final rule burden could be minimized without p.m., Monday through Friday, except
(IFR) to ensure that new entrant motor reducing the quality of the information Federal Holidays.
carriers are knowledgeable about the collected. The Agency will summarize • Fax: 1–202–493–2251.
Federal Motor Carrier Safety or include your comments in the request Instructions: Each submission must
Regulations (FMCSRs) and standards. for OMB’s clearance of this ICR. include the Agency name and the

VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

Document Created: 2018-02-23 11:01:04
Document Modified: 2018-02-23 11:01:04

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 September 7, 2015. Comments must be received on or before September 21, 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 50915

80 FR 50915 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration