80_FR_59415 80 FR 59225 - Qualification of Drivers; Exemption Applications; Vision

80 FR 59225 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 190 (October 1, 2015)

Page Range59225-59227
FR Document2015-24933

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 65 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 190 (Thursday, October 1, 2015)
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59225-59227]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24933]



[[Page 59225]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-
2001-9561; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-
2006-26066; FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-
2009-0154; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-
2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165]


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 
65 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: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
November 2, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
5578; FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-2001-9561; FMCSA-2003-
15892; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2006-26066; FMCSA-
2007-27333; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA-
2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2013-0027; FMCSA-
2013-0029; FMCSA-2013-0030; FMCSA-2013-0165], 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: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

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: 

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.

Exemption Decision

    This notice addresses 65 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 65 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. Each 
individual is identified according to the renewal date.
    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.

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. The following group(s) of 
drivers will receive renewed exemptions effective in the month of 
October and are discussed below.
    As of October 3, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 21 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (66 FR 
30502; 66 FR 41654; 68 FR 44837; 70 FR 41811; 72 FR 12666; 72 FR 25831; 
72 FR 39879; 72 FR 40362; 72 FR 52419; 74 FR 34395;

[[Page 59226]]

74 FR 34632; 74 FR 37295; 74 FR 41971; 74 FR 48343; 76 FR 37169; 76 FR 
44652; 76 FR 49528; 76 FR 49531; 76 FR 50318; 76 FR 53708; 76 FR 54530; 
76 FR 61143; 78 FR 4531; 78 FR 24798; 78 FR 34143; 78 FR 41975; 78 FR 
46407; 78 FR 52602; 78 FR 56986; 78 FR 77782; 78 FR 78477; 79 FR 
53708):

Rocky B. Bentz (WI)
Edwin L. Bupp (PA)
Shaun E. Burnett (IA)
Kevin W. Cannon (TX)
Daryl Carpenter (MD)
Thomas W. Crouch (IN)
John A. Dilts (WI)
Steven A. Garrity (MA)
Mark E. Gessner (FL)
Michael L. Grogg (VA)
Dennis H. Heller (KS)
Michael L. Martin (OH)
Alex P. Makhanov (WA)
Phillip P. Mazza (WI)
John T. McWilliams (IA)
Jason W. Rupp (PA)
Kirby R. Sands (IA)
Leonard J. Sheehan (WI)
Robert N. Taylor (OR)
Victor H. Vera (TX)
John F. Zalar (NY)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-2001-9561; FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-2009-
0154; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2013-0027; FMCSA-2013-
0029; FMCSA-2013-0030. Their exemptions are effective as of October 3, 
2015 and will expire on October 3, 2017.
    As of October 23, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (78 FR 
47818; 78 FR 63307):

Larry E. Blakely (GA)
Britt A. Green (ND)
Arlene S. Kent (NH)
Willie L. Murphy (IN)
Joseph J. Pudlik (IL)
Daniel W. Schafer (PA)
Robert L. Spencer (CT)
Jeffrey R. Swett (SC)
Aaron M. Vernon (OH)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-2013-0165. Their exemptions are effective as of October 23, 
2015 and will expire on October 23, 2017.
    As of October 24, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 20 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (64 FR 
27027; 64 FR 40404; 64 FR 51568; 64 FR 66962; 66 FR 30502; 66 FR 41654; 
66 FR 48504; 67 FR 17102; 68 FR 44837; 68 FR 54775; 69 FR 51346; 70 FR 
30999; 70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 50799; 70 FR 53412; 
70 FR 61493; 71 FR 50970; 72 FR 39879; 72 FR 40359; 72 FR 52419; 72 FR 
52421; 72 FR 54971; 72 FR 62896; 73 FR 48269; 74 FR 11988; 74 FR 21427; 
74 FR 34074; 74 FR 37295; 74 FR 41971; 74 FR 43221; 74 FR 48343; 74 FR 
49069; 76 FR 21796; 76 FR 54530; 76 FR 55467; 76 FR 62143; 78 FR 
77782):

Calvin D. Atwood (NM)
Gregory W. Babington (MA)
Andrew B. Clayton (TN)
William P. Doolittle (MO)
Steve E. Duran (NM)
Richard L. Gagnebin (KS)
Jonathan M. Gentry (TN)
Vincent E. Hardin (AL)
Benny D. Hatton, Jr. (NY)
Robert W. Healey, Jr. (NJ)
Nathaniel H. Herbert, Jr. (PA)
Thomas W. Markham (MN)
Kevin L. Moody (OH)
Terry W. Moore (LA)
Charles W. Mullenix (GA)
Richard W. O'Neill (WA)
Eligio M. Ramirez (TX)
Garry L. Rogers (CO)
Gary M. Wolff (IL)
John C. Young (VA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9561; FMCSA-2005-
21254; FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2009-0154. Their 
exemptions are effective as of October 24, 2015 and will expire on 
October 24, 2017.
    As of October 30, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (64 FR 
68195; 65 FR 20251; 67 FR 17102; 68 FR 52811; 68 FR 61860; 70 FR 61165; 
71 FR 63379; 72 FR 1050; 74 FR 49069; 74 FR 53581; 76 FR 64171; 78 FR 
68137):

Tracy A. Ammons (NC)
James D. Davis (OH)
Edward J. Genovese (IN)
Dewayne E. Harms (IL)
David F. LeClerc (MN)
Jesse L. Townsend (LA)
Humberto A. Valles (TX)
James A. Welch (NH)
Michael E. Yount (ID)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-1999-6480; FMCSA-2003-15892; FMCSA-2006-26066. Their 
exemptions are effective as of October 30, 2015 and will expire on 
October 30, 2017.
    As of October 31, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 6 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (76 FR 
55465; 76 FR 67246; 78 FR 77782):

Darrell G. Anthony (TX)
Stacey J. Buckingham (ID)
James E. Knarr, Sr. (NY)
Harold L. Pearsall (PA)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2011-0189. Their exemptions are effective as of October 31, 
2015 and will expire on October 31, 2017.
    Each of these 65 applicants listed in the groups above 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.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by November 2, 2015.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 65 individuals from the vision 
requirement in 49 CFR 391.41(b)(10). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after

[[Page 59227]]

careful consideration of the comments received to its notices of 
applications. The notices of applications stated in detail the 
qualifications, experience, and medical condition of each applicant for 
an exemption from the vision requirements. That information is 
available by consulting the above cited Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

Submitting Comments

    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 that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-1999-5578; FMCSA-
1999-5748; FMCSA-1999-6480; FMCSA-2001-9561; FMCSA-2003-15892; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2006-26066; FMCSA-2007-27333; 
FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA-2011-0140; 
FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2013-0027; FMCSA-2013-0029; 
FMCSA-2013-0030; FMCSA-2013-0165 and click the search button. When the 
new screen appears, click on the blue ``Comment Now!'' button on the 
right hand side of the page. On the new page, enter information 
required including the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. 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.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-2001-9561; 
FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2006-26066; 
FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0154; 
FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2013-0027; 
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

    Issued on: September 14, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-24933 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices                                           59225

                                                   DEPARTMENT OF TRANSPORTATION                              • Hand Delivery or Courier: West                    absent such exemption.’’ The
                                                                                                           Building Ground Floor, Room W12–140,                  procedures for requesting an exemption
                                                   Federal Motor Carrier Safety                            1200 New Jersey Avenue SE.,                           (including renewals) are set out in 49
                                                   Administration                                          Washington, DC, between 9 a.m. and 5                  CFR part 381.
                                                   [Docket No. FMCSA–1999–5578; FMCSA–                     p.m., Monday through Friday, except
                                                                                                                                                                 Exemption Decision
                                                   1999–5748; FMCSA–1999–6480; FMCSA–                      Federal Holidays.
                                                   2001–9561; FMCSA–2003–15892; FMCSA–                       • Fax: 1–202–493–2251.                                 This notice addresses 65 individuals
                                                   2005–21254; FMCSA–2005–21711; FMCSA–                      Instructions: Each submission must                  who have requested renewal of their
                                                   2006–26066; FMCSA–2007–27333; FMCSA–                    include the Agency name and the                       exemptions in accordance with FMCSA
                                                   2007–27897; FMCSA–2009–0054; FMCSA–                     docket number for this notice. Note that              procedures. FMCSA has evaluated these
                                                   2009–0154; FMCSA–2011–0140; FMCSA–                      DOT posts all comments received                       65 applications for renewal on their
                                                   2011–0142; FMCSA–2011–0189; FMCSA–                      without change to http://                             merits and decided to extend each
                                                   2013–0027; FMCSA–2013–0029; FMCSA–                                                                            exemption for a renewable two-year
                                                                                                           www.regulations.gov, including any
                                                   2013–0030; FMCSA–2013–0165]                                                                                   period. Each individual is identified
                                                                                                           personal information included in a
                                                                                                           comment. Please see the Privacy Act                   according to the renewal date.
                                                   Qualification of Drivers; Exemption                                                                              The exemptions are extended subject
                                                   Applications; Vision                                    heading below.
                                                                                                             Docket: For access to the docket to                 to the following conditions: (1) That
                                                   AGENCY: Federal Motor Carrier Safety                    read background documents or                          each individual has a physical
                                                   Administration (FMCSA), DOT.                            comments, go to http://                               examination every year (a) by an
                                                   ACTION: Notice of renewal of                            www.regulations.gov at any time or                    ophthalmologist or optometrist who
                                                   exemptions; request for comments.                       Room W12–140 on the ground level of                   attests that the vision in the better eye
                                                                                                           the West Building, 1200 New Jersey                    continues to meet the requirements in
                                                   SUMMARY:   FMCSA announces its                          Avenue SE., Washington, DC, between 9                 49 CFR 391.41(b)(10), and (b) by a
                                                   decision to renew the exemptions from                   a.m. and 5 p.m., Monday through                       medical examiner who attests that the
                                                   the vision requirement in the Federal                   Friday, except Federal holidays. The                  individual is otherwise physically
                                                   Motor Carrier Safety Regulations for 65                 Federal Docket Management System                      qualified under 49 CFR 391.41; (2) that
                                                   individuals. FMCSA has statutory                        (FDMS) is available 24 hours each day,                each individual provides a copy of the
                                                   authority to exempt individuals from                    365 days each year. If you want                       ophthalmologist’s or optometrist’s
                                                   the vision requirement if the                                                                                 report to the medical examiner at the
                                                                                                           acknowledgment that we received your
                                                   exemptions granted will not                                                                                   time of the annual medical examination;
                                                                                                           comments, please include a self-
                                                   compromise safety. The Agency has                                                                             and (3) that each individual provide a
                                                                                                           addressed, stamped envelope or
                                                   concluded that granting these                                                                                 copy of the annual medical certification
                                                                                                           postcard or print the acknowledgement
                                                   exemption renewals will provide a level                                                                       to the employer for retention in the
                                                                                                           page that appears after submitting
                                                   of safety that is equivalent to or greater                                                                    driver’s qualification file and retains a
                                                                                                           comments on-line.
                                                   than the level of safety maintained                       Privacy Act: Anyone may search the                  copy of the certification on his/her
                                                   without the exemptions for these                        electronic form of all comments                       person while driving for presentation to
                                                   commercial motor vehicle (CMV)                          received into any of our dockets by the               a duly authorized Federal, State, or local
                                                   drivers.                                                name of the individual submitting the                 enforcement official. Each exemption
                                                                                                           comment (or of the person signing the                 will be valid for two years unless
                                                   DATES:  Each group of renewed                                                                                 rescinded earlier by FMCSA. The
                                                   exemptions are effective from the dates                 comment, if submitted on behalf of an
                                                                                                           association, business, labor union, etc.).            exemption will be rescinded if: (1) The
                                                   stated in the discussions below.                                                                              person fails to comply with the terms
                                                   Comments must be received on or                         You may review DOT’s Privacy Act
                                                                                                           Statement for the Federal Docket                      and conditions of the exemption; (2) the
                                                   before November 2, 2015.                                                                                      exemption has resulted in a lower level
                                                   ADDRESSES: You may submit comments                      Management System (FDMS) published
                                                                                                           in the Federal Register on January 17,                of safety than was maintained before it
                                                   bearing the Federal Docket Management                                                                         was granted; or (3) continuation of the
                                                   System (FDMS) numbers: Docket No.                       2008 (73 FR 3316).
                                                                                                                                                                 exemption would not be consistent with
                                                   [Docket No. FMCSA–1999–5578;                            FOR FURTHER INFORMATION CONTACT:                      the goals and objectives of 49 U.S.C.
                                                   FMCSA–1999–5748; FMCSA–1999–                            Charles A. Horan, III, Director, Carrier,             31136(e) and 31315.
                                                   6480; FMCSA–2001–9561; FMCSA–                           Driver and Vehicle Safety Standards,
                                                   2003–15892; FMCSA–2005–21254;                           202–366–4001, fmcsamedical@dot.gov,                   Basis for Renewing Exemptions
                                                   FMCSA–2005–21711; FMCSA–2006–                           FMCSA, Department of Transportation,                    Under 49 U.S.C. 31315(b)(1), an
                                                   26066; FMCSA–2007–27333; FMCSA–                         1200 New Jersey Avenue SE., Room                      exemption may be granted for no longer
                                                   2007–27897; FMCSA–2009–0054;                            W64–224, Washington, DC 20590–0001.                   than two years from its approval date
                                                   FMCSA–2009–0154; FMCSA–2011–                            Office hours are from 8:30 a.m. to 5 p.m.             and may be renewed upon application
                                                   0140; FMCSA–2011–0142; FMCSA–                           Monday through Friday, except Federal                 for additional two year periods. The
                                                   2011–0189; FMCSA–2013–0027;                             holidays.                                             following group(s) of drivers will
                                                   FMCSA–2013–0029; FMCSA–2013–                            SUPPLEMENTARY INFORMATION:                            receive renewed exemptions effective in
                                                   0030; FMCSA–2013–0165], using any of                                                                          the month of October and are discussed
                                                   the following methods:                                  Background
                                                                                                                                                                 below.
                                                     • Federal eRulemaking Portal: Go to                     Under 49 U.S.C. 31136(e) and 31315,                   As of October 3, 2015, and in
mstockstill on DSK4VPTVN1PROD with NOTICES6




                                                   http://www.regulations.gov. Follow the                  FMCSA may renew an exemption from                     accordance with 49 U.S.C. 31136(e) and
                                                   on-line instructions for submitting                     the vision requirements in 49 CFR                     31315, the following 21 individuals
                                                   comments.                                               391.41(b)(10), which applies to drivers               have satisfied the conditions for
                                                     • Mail: Docket Management Facility;                   of CMVs in interstate commerce, for a                 obtaining a renewed exemption from the
                                                   U.S. Department of Transportation, 1200                 two-year period if it finds ‘‘such                    vision requirements (66 FR 30502; 66
                                                   New Jersey Avenue SE., West Building                    exemption would likely achieve a level                FR 41654; 68 FR 44837; 70 FR 41811;
                                                   Ground Floor, Room W12–140,                             of safety that is equivalent to or greater            72 FR 12666; 72 FR 25831; 72 FR 39879;
                                                   Washington, DC 20590–0001.                              than the level that would be achieved                 72 FR 40362; 72 FR 52419; 74 FR 34395;


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                                                   59226                       Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices

                                                   74 FR 34632; 74 FR 37295; 74 FR 41971;                  67 FR 17102; 68 FR 44837; 68 FR 54775;                31315, the following 6 individuals have
                                                   74 FR 48343; 76 FR 37169; 76 FR 44652;                  69 FR 51346; 70 FR 30999; 70 FR 41811;                satisfied the conditions for obtaining a
                                                   76 FR 49528; 76 FR 49531; 76 FR 50318;                  70 FR 46567; 70 FR 48797; 70 FR 50799;                renewed exemption from the vision
                                                   76 FR 53708; 76 FR 54530; 76 FR 61143;                  70 FR 53412; 70 FR 61493; 71 FR 50970;                requirements (76 FR 55465; 76 FR
                                                   78 FR 4531; 78 FR 24798; 78 FR 34143;                   72 FR 39879; 72 FR 40359; 72 FR 52419;                67246; 78 FR 77782):
                                                   78 FR 41975; 78 FR 46407; 78 FR 52602;                  72 FR 52421; 72 FR 54971; 72 FR 62896;                Darrell G. Anthony (TX)
                                                   78 FR 56986; 78 FR 77782; 78 FR 78477;                  73 FR 48269; 74 FR 11988; 74 FR 21427;                Stacey J. Buckingham (ID)
                                                   79 FR 53708):                                           74 FR 34074; 74 FR 37295; 74 FR 41971;                James E. Knarr, Sr. (NY)
                                                   Rocky B. Bentz (WI)                                     74 FR 43221; 74 FR 48343; 74 FR 49069;                Harold L. Pearsall (PA)
                                                   Edwin L. Bupp (PA)                                      76 FR 21796; 76 FR 54530; 76 FR 55467;                Phillip M. Pridgen, Sr. (MD)
                                                   Shaun E. Burnett (IA)                                   76 FR 62143; 78 FR 77782):                            Gerald D. Stidham (CO)
                                                   Kevin W. Cannon (TX)                                    Calvin D. Atwood (NM)                                   The drivers were included in one of
                                                   Daryl Carpenter (MD)                                    Gregory W. Babington (MA)                             the following dockets: Docket No.
                                                   Thomas W. Crouch (IN)                                   Andrew B. Clayton (TN)                                FMCSA–2011–0189. Their exemptions
                                                   John A. Dilts (WI)                                      William P. Doolittle (MO)                             are effective as of October 31, 2015 and
                                                   Steven A. Garrity (MA)                                  Steve E. Duran (NM)                                   will expire on October 31, 2017.
                                                   Mark E. Gessner (FL)                                    Richard L. Gagnebin (KS)                                Each of these 65 applicants listed in
                                                   Michael L. Grogg (VA)                                   Jonathan M. Gentry (TN)                               the groups above has requested renewal
                                                   Dennis H. Heller (KS)                                   Vincent E. Hardin (AL)                                of the exemption and has submitted
                                                   Michael L. Martin (OH)                                  Benny D. Hatton, Jr. (NY)                             evidence showing that the vision in the
                                                   Alex P. Makhanov (WA)                                   Robert W. Healey, Jr. (NJ)                            better eye continues to meet the
                                                   Phillip P. Mazza (WI)                                   Nathaniel H. Herbert, Jr. (PA)                        requirement specified at 49 CFR
                                                   John T. McWilliams (IA)                                 Thomas W. Markham (MN)                                391.41(b)(10) and that the vision
                                                   Jason W. Rupp (PA)                                      Kevin L. Moody (OH)                                   impairment is stable. In addition, a
                                                   Kirby R. Sands (IA)                                     Terry W. Moore (LA)                                   review of each record of safety while
                                                   Leonard J. Sheehan (WI)                                 Charles W. Mullenix (GA)                              driving with the respective vision
                                                   Robert N. Taylor (OR)                                   Richard W. O’Neill (WA)                               deficiencies over the past two years
                                                   Victor H. Vera (TX)                                     Eligio M. Ramirez (TX)
                                                                                                                                                                 indicates each applicant continues to
                                                   John F. Zalar (NY)                                      Garry L. Rogers (CO)
                                                                                                                                                                 meet the vision exemption
                                                      The drivers were included in one of                  Gary M. Wolff (IL)
                                                                                                                                                                 requirements.
                                                   the following dockets: Docket Nos.                      John C. Young (VA)
                                                                                                                                                                   These factors provide an adequate
                                                   FMCSA–2001–9561; FMCSA–2007–                              The drivers were included in one of                 basis for predicting each driver’s ability
                                                   27333; FMCSA–2007–27897; FMCSA–                         the following dockets: Docket No.                     to continue to drive safely in interstate
                                                   2009–0154; FMCSA–2011–0140;                             FMCSA–1999–5578; FMCSA–1999–                          commerce. Therefore, FMCSA
                                                   FMCSA–2011–0142; FMCSA–2013–                            5748; FMCSA–2001–9561; FMCSA–                         concludes that extending the exemption
                                                   0027; FMCSA–2013–0029; FMCSA–                           2005–21254; FMCSA–2005–21711;                         for each renewal applicant for a period
                                                   2013–0030. Their exemptions are                         FMCSA–2007–27897; FMCSA–2009–                         of two years is likely to achieve a level
                                                   effective as of October 3, 2015 and will                0154. Their exemptions are effective as               of safety equal to that existing without
                                                   expire on October 3, 2017.                              of October 24, 2015 and will expire on                the exemption.
                                                      As of October 23, 2015, and in                       October 24, 2017.
                                                   accordance with 49 U.S.C. 31136(e) and                    As of October 30, 2015, and in                      Request for Comments
                                                   31315, the following 9 individuals have                 accordance with 49 U.S.C. 31136(e) and                   FMCSA will review comments
                                                   satisfied the conditions for obtaining a                31315, the following 9 individuals have               received at any time concerning a
                                                   renewed exemption from the vision                       satisfied the conditions for obtaining a              particular driver’s safety record and
                                                   requirements (78 FR 47818; 78 FR                        renewed exemption from the vision                     determine if the continuation of the
                                                   63307):                                                 requirements (64 FR 68195; 65 FR                      exemption is consistent with the
                                                   Larry E. Blakely (GA)                                   20251; 67 FR 17102; 68 FR 52811; 68 FR                requirements at 49 U.S.C. 31136(e) and
                                                   Britt A. Green (ND)                                     61860; 70 FR 61165; 71 FR 63379; 72 FR                31315. However, FMCSA requests that
                                                   Arlene S. Kent (NH)                                     1050; 74 FR 49069; 74 FR 53581; 76 FR                 interested parties with specific data
                                                   Willie L. Murphy (IN)                                   64171; 78 FR 68137):                                  concerning the safety records of these
                                                   Joseph J. Pudlik (IL)                                   Tracy A. Ammons (NC)                                  drivers submit comments by November
                                                   Daniel W. Schafer (PA)                                  James D. Davis (OH)                                   2, 2015.
                                                   Robert L. Spencer (CT)                                  Edward J. Genovese (IN)                                  FMCSA believes that the
                                                   Jeffrey R. Swett (SC)                                   Dewayne E. Harms (IL)                                 requirements for a renewal of an
                                                   Aaron M. Vernon (OH)                                    David F. LeClerc (MN)                                 exemption under 49 U.S.C. 31136(e) and
                                                      The drivers were included in one of                  Jesse L. Townsend (LA)                                31315 can be satisfied by initially
                                                   the following dockets: Docket Nos.                      Humberto A. Valles (TX)                               granting the renewal and then
                                                   FMCSA–2013–0165. Their exemptions                       James A. Welch (NH)                                   requesting and evaluating, if needed,
                                                   are effective as of October 23, 2015 and                Michael E. Yount (ID)                                 subsequent comments submitted by
                                                   will expire on October 23, 2017.                          The drivers were included in one of                 interested parties. As indicated above,
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                                                      As of October 24, 2015, and in                       the following dockets: Docket No.                     the Agency previously published
                                                   accordance with 49 U.S.C. 31136(e) and                  FMCSA–1999–6480; FMCSA–2003–                          notices of final disposition announcing
                                                   31315, the following 20 individuals                     15892; FMCSA–2006–26066. Their                        its decision to exempt these 65
                                                   have satisfied the conditions for                       exemptions are effective as of October                individuals from the vision requirement
                                                   obtaining a renewed exemption from the                  30, 2015 and will expire on October 30,               in 49 CFR 391.41(b)(10). The final
                                                   vision requirements (64 FR 27027; 64                    2017.                                                 decision to grant an exemption to each
                                                   FR 40404; 64 FR 51568; 64 FR 66962;                       As of October 31, 2015, and in                      of these individuals was made on the
                                                   66 FR 30502; 66 FR 41654; 66 FR 48504;                  accordance with 49 U.S.C. 31136(e) and                merits of each case and made only after


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                                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices                                           59227

                                                   careful consideration of the comments                   period and may change this proposed                   DATES:  Comments must be received on
                                                   received to its notices of applications.                rule based on your comments. FMCSA                    or before November 2, 2015.
                                                   The notices of applications stated in                   may issue a final rule at any time after              ADDRESSES: You may submit comments
                                                   detail the qualifications, experience,                  the close of the comment period.                      bearing the Federal Docket Management
                                                   and medical condition of each applicant                                                                       System (FDMS) Docket No. FMCSA–
                                                                                                           Viewing Comments and Documents
                                                   for an exemption from the vision                                                                              2015–0325 using any of the following
                                                   requirements. That information is                          To view comments, as well as any                   methods:
                                                   available by consulting the above cited                 documents mentioned in this preamble,                    • Federal eRulemaking Portal: Go to
                                                   Federal Register publications.                          To submit your comment online, go to                  www.regulations.gov. Follow the on-line
                                                     Interested parties or organizations                   http://www.regulations.gov and in the                 instructions for submitting comments.
                                                   possessing information that would                       search box insert the docket number
                                                   otherwise show that any, or all, of these                                                                        • Mail: Docket Management Facility;
                                                                                                           FMCSA–1999–5578; FMCSA–1999–
                                                   drivers are not currently achieving the                                                                       U.S. Department of Transportation, 1200
                                                                                                           5748; FMCSA–1999–6480; FMCSA–
                                                   statutory level of safety should                                                                              New Jersey Avenue SE., West Building
                                                                                                           2001–9561; FMCSA–2003–15892;
                                                   immediately notify FMCSA. The                                                                                 Ground Floor, Room W12–140,
                                                                                                           FMCSA–2005–21254; FMCSA–2005–
                                                   Agency will evaluate any adverse                                                                              Washington, DC 20590–0001.
                                                                                                           21711; FMCSA–2006–26066; FMCSA–
                                                   evidence submitted and, if safety is                                                                             • Hand Delivery or Courier: West
                                                                                                           2007–27333; FMCSA–2007–27897;
                                                   being compromised or if continuation of                                                                       Building Ground Floor, Room W12–140,
                                                                                                           FMCSA–2009–0054; FMCSA–2009–
                                                   the exemption would not be consistent                                                                         1200 New Jersey Avenue SE.,
                                                                                                           0154; FMCSA–2011–0140; FMCSA–
                                                   with the goals and objectives of 49                                                                           Washington, DC, between 9 a.m. and
                                                                                                           2011–0142; FMCSA–2011–0189;
                                                   U.S.C. 31136(e) and 31315, FMCSA will                                                                         5 p.m., ET, Monday through Friday,
                                                                                                           FMCSA–2013–0027; FMCSA–2013–
                                                   take immediate steps to revoke the                                                                            except Federal Holidays.
                                                                                                           0029; FMCSA–2013–0030; FMCSA–
                                                   exemption of a driver.                                  2013–0165 and click ‘‘Search.’’ Next,                    • Fax: 1–202–493–2251.
                                                                                                           click ‘‘Open Docket Folder’’ and you                     Each submission must include the
                                                   Submitting Comments                                                                                           Agency name and the docket numbers
                                                                                                           will find all documents and comments
                                                      You may submit your comments and                     related to the proposed rulemaking.                   for this notice. Note that all comments
                                                   material online or by fax, mail, or hand                                                                      received will be posted without change
                                                   delivery, but please use only one of                      Issued on: September 14, 2015.                      to www.regulations.gov, including any
                                                   these means. FMCSA recommends that                      Larry W. Minor,                                       personal information provided. Please
                                                   you include your name and a mailing                     Associate Administrator for Policy.                   see the Privacy Act heading below for
                                                   address, an email address, or a phone                   [FR Doc. 2015–24933 Filed 9–30–15; 8:45 am]           further information.
                                                   number in the body of your document                     BILLING CODE 4910–EX–P                                   Docket: For access to the docket to
                                                   so that FMCSA can contact you if there                                                                        read background documents or
                                                   are questions regarding your                                                                                  comments, go to www.regulations.gov at
                                                   submission.                                             DEPARTMENT OF TRANSPORTATION                          any time or Room W12–140 on the
                                                      To submit your comment online, go to                                                                       ground level of the West Building, 1200
                                                   http://www.regulations.gov and in the                   Federal Motor Carrier Safety                          New Jersey Avenue SE., Washington,
                                                   search box insert the docket numbers                    Administration                                        DC, between 9 a.m. and 5 p.m., ET,
                                                   FMCSA–1999–5578; FMCSA–1999–                                                                                  Monday through Friday, except Federal
                                                                                                           [Docket No. FMCSA–2015–0325]
                                                   5748; FMCSA–1999–6480; FMCSA–                                                                                 holidays. The FDMS is available 24
                                                   2001–9561; FMCSA–2003–15892;                            Qualification of Drivers; Application for             hours each day, 365 days each year. If
                                                   FMCSA–2005–21254; FMCSA–2005–                           Exemptions; Hearing                                   you want acknowledgment that we
                                                   21711; FMCSA–2006–26066; FMCSA–                                                                               received your comments, please include
                                                   2007–27333; FMCSA–2007–27897;                           AGENCY: Federal Motor Carrier Safety                  a self-addressed, stamped envelope or
                                                   FMCSA–2009–0054; FMCSA–2009–                            Administration (FMCSA), DOT.                          postcard or print the acknowledgement
                                                   0154; FMCSA–2011–0140; FMCSA–                           ACTION: Notice of applications for                    page that appears after submitting
                                                   2011–0142; FMCSA–2011–0189;                             exemptions; request for comments.                     comments on-line.
                                                   FMCSA–2013–0027; FMCSA–2013–                                                                                     Privacy Act: In accordance with 5
                                                   0029; FMCSA–2013–0030; FMCSA–                           SUMMARY:   FMCSA announces that 9
                                                                                                                                                                 U.S.C. 553(c), DOT solicits comments
                                                   2013–0165 and click the search button.                  individuals have applied for a medical
                                                                                                                                                                 from the public to better inform its
                                                   When the new screen appears, click on                   exemption from the hearing requirement
                                                                                                                                                                 rulemaking process. DOT posts these
                                                   the blue ‘‘Comment Now!’’ button on                     in the Federal Motor Carrier Safety
                                                                                                                                                                 comments, without edit, including any
                                                   the right hand side of the page. On the                 Regulations (FMCSRs). In accordance
                                                                                                                                                                 personal information the commenter
                                                   new page, enter information required                    with the statutory requirements
                                                                                                                                                                 provides, to www.regulations.gov, as
                                                   including the specific section of this                  concerning applications for exemptions,
                                                                                                                                                                 described in the system records notice
                                                   document to which each comment                          FMCSA requests public comments on
                                                                                                                                                                 (DOT/ALL–14 FDMS), which can be
                                                   applies, and provide a reason for each                  these requests. The statute and
                                                                                                                                                                 reviewed at www.dot.gov/privacy.
                                                   suggestion or recommendation. If you                    implementing regulations concerning
                                                   submit your comments by mail or hand                    exemptions require that exemptions                    FOR FURTHER INFORMATION CONTACT:
                                                   delivery, submit them in an unbound                     must provide an equivalent or greater                 Charles A. Horan, III, Director, Office of
                                                   format, no larger than 81⁄2 by 11 inches,               level of safety than if they were not                 Carrier, Driver and Vehicle Safety, (202)
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                                                   suitable for copying and electronic                     granted. If the Agency determines the                 366–4001, fmcsamedical@dot.gov,
                                                   filing. If you submit comments by mail                  exemptions would satisfy the statutory                FMCSA, Department of Transportation,
                                                   and would like to know that they                        requirements and decides to grant                     1200 New Jersey Avenue, SE., Room
                                                   reached the facility, please enclose a                  theses requests after reviewing the                   W64–224, Washington, DC 20590–0001.
                                                   stamped, self-addressed postcard or                     public comments submitted in response                 Office hours are from 8:30 a.m. to
                                                   envelope.                                               to this notice, the exemptions would                  5 p.m., Monday through Friday, except
                                                      We will consider all comments and                    enable these 9 individuals to operate                 Federal holidays.
                                                   material received during the comment                    CMVs in interstate commerce.                          SUPPLEMENTARY INFORMATION:



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Document Created: 2015-12-15 08:40:29
Document Modified: 2015-12-15 08:40:29
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.
DatesEach group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before November 2, 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 59225 

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