80 FR 53383 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range		53383-53384
FR Document		2015-21895

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.

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)

[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53383-53384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21895]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-2001-9561; FMCSA-
2003-14504; FMCSA-2003-15268; FMCSA-2005-20027; FMCSA-2005-21254; 
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 
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 September 23, 2015. Comments must be 
received on or before October 5, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998-
4334; FMCSA-1999-5578; FMCSA-2001-9561; FMCSA-2003-14504; FMCSA-2003-
15268; FMCSA-2005-20027; FMCSA-2005-21254; 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 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 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:

Linda L. Billings (NV)
Weldon R. Evans (OH)
Orasio Garcia (TX)
Leslie W. Good (OR)
Chester L. Gray (TX)
James P. Guth (PA)
Gregory K. Lilly (WV)
Kenneth A. Reddick (PA)
Leonard Rice, Jr. (GA)
Juan M. Rosas (AZ)
James T. Sullivan (KY)
Larry J. Waldner (SD)
Karl A. Weinert (NY)

    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 (63 FR 66226; 64 FR

[[Page 53384]]

16517; 64 FR 27027; 64 FR 51568; 66 FR 30502; 66 FR 41654; 66 FR 41656; 
66 FR 48504; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 44837; 68 FR 
48989; 68 FR 54775; 70 FR 2701; 70 FR 16887; 70 FR 30999; 70 FR 42615; 
70 FR 46567; 70 FR 53412; 72 FR 39879; 72 FR 52419; 72 FR 62896; 74 FR 
43221; 76 FR 53708; 78 FR 78477). 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-1998-4334; FMCSA-1999-5578; FMCSA-2001-9561; FMCSA-2003-
14504; FMCSA-2003-15268; FMCSA-2005-20027; FMCSA-2005-21254; 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-1999-5578; FMCSA-2001-
9561; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-20027; FMCSA-2005-
21254; 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-1999-5578; FMCSA-2001-9561; FMCSA-2003-14504; 
FMCSA-2003-15268; FMCSA-2005-20027; FMCSA-2005-21254; 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 24, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-21895 Filed 9-2-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices 53383

This determination shall be published Washington, DC, between 9 a.m. and 5 II. Exemption Decision
in the Federal Register. p.m., Monday through Friday, except This notice addresses 13 individuals
Dated: August 26, 2015. Federal Holidays. who have requested renewal of their
John F. Kerry, • Fax: 1–202–493–2251. exemptions in accordance with FMCSA
Secretary of State. Instructions: Each submission must procedures. FMCSA has evaluated these
[FR Doc. 2015–21931 Filed 9–2–15; 8:45 am] include the Agency name and the 13 applications for renewal on their
BILLING CODE 4710–AD–P
docket number for this notice. Note that merits and decided to extend each
DOT posts all comments received exemption for a renewable two-year
without change to http:// period. They are:
www.regulations.gov, including any Linda L. Billings (NV)
DEPARTMENT OF TRANSPORTATION
personal information included in a Weldon R. Evans (OH)
Federal Motor Carrier Safety comment. Please see the Privacy Act Orasio Garcia (TX)
Administration heading below. Leslie W. Good (OR)
Docket: For access to the docket to Chester L. Gray (TX)
[Docket No. FMCSA–1998–4334; FMCSA– read background documents or James P. Guth (PA)
1999–5578; FMCSA–2001–9561; FMCSA–
comments, go to http:// Gregory K. Lilly (WV)
2003–14504; FMCSA–2003–15268; FMCSA–
2005–20027; FMCSA–2005–21254; FMCSA– www.regulations.gov at any time or Kenneth A. Reddick (PA)
2007–27897] Room W12–140 on the ground level of Leonard Rice, Jr. (GA)
the West Building, 1200 New Jersey Juan M. Rosas (AZ)
Qualification of Drivers; Exemption Avenue SE., Washington, DC, between 9 James T. Sullivan (KY)
Applications; Vision a.m. and 5 p.m., Monday through Larry J. Waldner (SD)
Friday, except Federal holidays. The Karl A. Weinert (NY)
AGENCY: Federal Motor Carrier Safety Federal Docket Management System The exemptions are extended subject
Administration (FMCSA), DOT. (FDMS) is available 24 hours each day, to the following conditions: (1) That
ACTION: Notice of renewal of 365 days each year. If you want each individual has a physical
exemptions; request for comments. acknowledgment that we received your examination every year (a) by an
comments, please include a self- ophthalmologist or optometrist who
SUMMARY: FMCSA announces its
addressed, stamped envelope or attests that the vision in the better eye
decision to renew the exemptions from
postcard or print the acknowledgement continues to meet the requirements in
the vision requirement in the Federal
page that appears after submitting 49 CFR 391.41(b)(10), and (b) by a
Motor Carrier Safety Regulations for 13
comments on-line. medical examiner who attests that the
individuals. FMCSA has statutory
Privacy Act: In accordance with 5 individual is otherwise physically
authority to exempt individuals from
U.S.C. 553(c), DOT solicits comments qualified under 49 CFR 391.41; (2) that
the vision requirement if the
from the public to better inform its each individual provides a copy of the
exemptions granted will not
rulemaking process. DOT posts these ophthalmologist’s or optometrist’s
compromise safety. The Agency has
comments, without edit, including any report to the medical examiner at the
concluded that granting these
personal information the commenter time of the annual medical examination;
exemption renewals will provide a level
provides, to www.regulations.gov, as and (3) that each individual provide a
of safety that is equivalent to or greater
described in the system of records copy of the annual medical certification
than the level of safety maintained
notice (DOT/ALL–14 FDMS), which can to the employer for retention in the
without the exemptions for these
be reviewed at www.dot.gov/privacy. driver’s qualification file and retains a
commercial motor vehicle (CMV)
copy of the certification on his/her
drivers. FOR FURTHER INFORMATION CONTACT:
person while driving for presentation to
DATES: This decision is effective Charles A. Horan, III, Director, Carrier,
a duly authorized Federal, State, or local
September 23, 2015. Comments must be Driver and Vehicle Safety Standards,
enforcement official. Each exemption
received on or before October 5, 2015. 202–366–4001, fmcsamedical@dot.gov,
will be valid for two years unless
FMCSA, Department of Transportation,
ADDRESSES: You may submit comments rescinded earlier by FMCSA. The
1200 New Jersey Avenue SE., Room
bearing the Federal Docket Management exemption will be rescinded if: (1) The
W64–224, Washington, DC 20590–0001.
System (FDMS) numbers: Docket No. person fails to comply with the terms
Office hours are from 8:30 a.m. to 5 p.m.
[Docket No. FMCSA–1998–4334; and conditions of the exemption; (2) the
Monday through Friday, except Federal
FMCSA–1999–5578; FMCSA–2001– exemption has resulted in a lower level
holidays.
9561; FMCSA–2003–14504; FMCSA– of safety than was maintained before it
2003–15268; FMCSA–2005–20027; SUPPLEMENTARY INFORMATION: was granted; or (3) continuation of the
FMCSA–2005–21254; FMCSA–2007– I. Background exemption would not be consistent with
27897], using any of the following the goals and objectives of 49 U.S.C.
methods: Under 49 U.S.C. 31136(e) and 31315, 31136(e) and 31315.
• Federal eRulemaking Portal: Go to FMCSA may renew an exemption from
the vision requirements in 49 CFR III. Basis for Renewing Exemptions
http://www.regulations.gov. Follow the
on-line instructions for submitting 391.41(b)(10), which applies to drivers Under 49 U.S.C. 31315(b)(1), an
comments. of CMVs in interstate commerce, for a exemption may be granted for no longer
• Mail: Docket Management Facility; two-year period if it finds ‘‘such than two years from its approval date
tkelley on DSK3SPTVN1PROD with NOTICES

U.S. Department of Transportation, 1200 exemption would likely achieve a level and may be renewed upon application
New Jersey Avenue SE., West Building of safety that is equivalent to or greater for additional two year periods. In
Ground Floor, Room W12–140, than the level that would be achieved accordance with 49 U.S.C. 31136(e) and
Washington, DC 20590–0001. absent such exemption.’’ The 31315, each of the 13 applicants has
• Hand Delivery or Courier: West procedures for requesting an exemption satisfied the entry conditions for
Building Ground Floor, Room W12–140, (including renewals) are set out in 49 obtaining an exemption from the vision
1200 New Jersey Avenue SE., CFR part 381. requirements (63 FR 66226; 64 FR

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Document Created: 2015-12-15 09:56:36
Document Modified: 2015-12-15 09:56:36

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 23, 2015. Comments must be received on or before October 5, 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 53383

80 FR 53383 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 171 (September 3, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration