80_FR_64072 80 FR 63869 - Qualification of Drivers; Exemption Applications; Vision

80 FR 63869 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range63869-63871
FR Document2015-26699

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 64 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 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63869-63871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26699]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2002-12844; FMCSA-
2003-15268; FMCSA-2003-15892; FMCSA-2004-17984; FMCSA-2005-20560; 
FMCSA-2005-21711; FMCSA-2006-26653; FMCSA-2007-27515; FMCSA-2007-27897; 
FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; 
FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0028; 
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166]


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 
64 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 20, 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-2002-12844; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21711; FMCSA-
2006-26653; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-29019; 
FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0057; 
FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0028; FMCSA-2013-0029; 
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166], 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, 
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.

[[Page 63870]]

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 64 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 64 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 
November and are discussed below.
    As of November 6, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 31 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (68 FR 
37197; 68 FR 48989; 70 FR 17504; 70 FR 30997; 70 FR 42615; 70 FR 48797; 
70 FR 61493; 72 FR 8417; 72 FR 21313; 72 FR 32703; 72 FR 36099; 72 FR 
39879; 72 FR 40360; 72 FR 40362; 72 FR 52419; 72 FR 54971; 74 FR 26461; 
74 FR 26464; 74 FR 34394; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 
43217; 74 FR 48343; 74 FR 49069; 74 FR 57551; 76 FR 18824; 76 FR 29024; 
76 FR 34136; 76 FR 37168; 76 FR 37173; 76 FR 53708; 76 FR 54530; 76 FR 
55463; 76 FR 55465; 76 FR 62143; 76 FR 66123; 76 FR 67246; 78 FR 27281; 
78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 47818; 78 FR 52602; 78 FR 
56986; 78 FR 57679; 78 FR 63307; 78 FR 77782; 78 FR 78477; 79 FR 24298; 
79 FR 53708):

Martin R. Anaya (NM)
Kevan M. Burke (PA)
Thomas F. Caithamer (IL)
Juan Carranco (TX)
Westcott Clarke (MA)
James J. Doan (PA)
Kenneth J. Fisk (MI)
James E. Fix (SC)
James E. Goodman (AL)
James P. Greene (NY)
Bradley O. Hart (UT)
Randy L. Huelster (OK)
Jesus J. Huerta (NV)
Roger D. Kloss (IL)
Michael A. Lawson (KY)
Steven R. Lechtenberg (NE)
Joseph L. Mast (OR)
David Matos (NY)
Jesse R. McClary, Sr. (MO)
Roy L. Morgan (IL)
Earl R. Neugerbauer (CO)
Steven D. O'Donnell (NJ)
Robert M. Pickett II (MI)
Gerald J. Shamla (MN)
Steven C. Sheeder (IA)
Halman Smith (DE)
Jerry W. Stanfill (AR)
Brian C. Tate (OH)
Scott C. Teich (MN)
Bruce E. Thulin (NE)
Virgil E. Walker (TX)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-2003-15268; FMCSA-2005-20560; FMCSA-2005-21711; FMCSA-2006-
26653; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-
0154; FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-
0189; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-
0165. Their exemptions are effective as of November 6, 2015 and will 
expire on November 6, 2017.
    As of November 25, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Dennis E. White (PA), has 
satisfied the conditions for obtaining a renewed exemption from the 
vision requirements (78 FR 62935; 78 FR 76395):
    The driver is included in the following docket: Docket Nos. FMCSA-
2013-0166. Their exemption is effective as of November 25, 2015 and 
will expire on November 25, 2017.
    As of November 26, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Albert M. Divella (NV), has 
satisfied the conditions for obtaining a renewed exemption from the 
vision requirements (78 FR 62935; 78 FR 76395).
    The driver is included in the following docket: Docket No. FMCSA-
2013-0166. Their exemption is effective as of November 26, 2015 and 
will expire on November 26, 2017.
    As of November 28, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (69 FR 
33997; 69 FR 61292; 70 FR 48797; 70 FR 61493; 71 FR 55820; 72 FR 39879; 
72 FR 52421; 72 FR 54971; 72 FR 58362; 72 FR 67344; 73 FR 65009; 74 FR 
41971; 74 FR 49069; 74 FR 57553; 76 FR 4413; 76 FR 62143; 76 FR 70212):

Robert W. Bequeaith (IA)
Lloyd K. Brown (WY)
Kecia D. Clark-Welch (NC)
Charles A. DeKnikker, Sr. (NV)
Clarence N. Florey, Jr. (PA)
Loren H. Geiken (SD)
John N. Guilford (AL)
John E. Halcomb (GA)
Michael A. Hershberger (OH)
Patrick J. Hogan, Jr. (DE)
Raul Martinez (FL)
Robert A. Miller (KY)
Amilton T. Monteiro (MA)
David G. Oakley (SC)
John S. Olsen (PA)
Thomas J. Prusik (NJ)
Brent L. Seaux (LA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2004-17984; FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2007-
29019. Their exemptions are effective as of November 28, 2015 and will 
expire on November 28, 2017.
    As of November 30, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 14 individuals

[[Page 63871]]

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 63289; 67 FR 68719; 68 FR 2629; 68 FR 52811; 68 FR 61860; 
68 FR 64944; 70 FR 48797; 70 FR 61165; 70 FR 61493; 70 FR 67776; 72 FR 
64273; 74 FR 62632; 76 FR 70215; 78 FR 64280):

Thomas E. Adams (IN)
Terry J. Aldridge (MS)
Lennie D. Baker, Jr. (NC)
Jerry D. Bridges (TX)
William J. Corder (NC)
Gary R. Gutschow (WI)
James J. Hewitt (WI)
Rodney M. Mimbs (GA)
Walter F. Moniowczak (MI)
James R. Murphy (NY)
Chris A. Ritenour (MI)
Ronald L. Roy (IL)
Thomas E. Walsh (CA)
Kevin P. Weinhold (MA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2002-12844; FMCSA-2003-
15892; FMCSA-2005-21711. Their exemptions are effective as of November 
30, 2015 and will expire on November 30, 2017.
    Each of the 64 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 20, 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 64 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 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-2002-12844; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2004-17984; FMCSA-2005-20560; FMCSA-2005-21711; FMCSA-2006-26653; 
FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0121; 
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; 
FMCSA-2011-0189; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; 
FMCSA-2013-0165; FMCSA-2013-0166 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-2002-12844; FMCSA-2003-15268; 
FMCSA-2003-15892; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21711; 
FMCSA-2006-26653; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-29019; 
FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0057; 
FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0028; FMCSA-2013-0029; 
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

    Issued on: October 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-26699 Filed 10-20-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                           63869

                                              required of all exemptions granted                      comments related to the proposed                      0189; FMCSA–2013–0028; FMCSA–
                                              under 49 U.S.C. 31136(e).                               rulemaking.                                           2013–0029; FMCSA–2013–0030;
                                                Section 4129(d) also directed FMCSA                     Issued on: October 8, 2015.                         FMCSA–2013–0165; FMCSA–2013–
                                              to ensure that drivers of CMVs with                     Larry W. Minor,
                                                                                                                                                            0166], using any of the following
                                              ITDM are not held to a higher standard                                                                        methods:
                                                                                                      Associate Administrator for Policy.
                                              than other drivers, with the exception of                                                                       • Federal eRulemaking Portal: Go to
                                                                                                      [FR Doc. 2015–26700 Filed 10–20–15; 8:45 am]
                                              limited operating, monitoring and                                                                             http://www.regulations.gov. Follow the
                                                                                                      BILLING CODE 4910–EX–P                                on-line instructions for submitting
                                              medical requirements that are deemed
                                              medically necessary.                                                                                          comments.
                                                The FMCSA concluded that all of the                                                                           • Mail: Docket Management Facility;
                                                                                                      DEPARTMENT OF TRANSPORTATION
                                              operating, monitoring and medical                                                                             U.S. Department of Transportation, 1200
                                              requirements set out in the September 3,                Federal Motor Carrier Safety                          New Jersey Avenue SE., West Building
                                              2003 notice, except as modified, were in                Administration                                        Ground Floor, Room W12–140,
                                              compliance with section 4129(d).                                                                              Washington, DC 20590–0001.
                                              Therefore, all of the requirements set                  [Docket No. FMCSA–1999–5578; FMCSA–                     • Hand Delivery or Courier: West
                                                                                                      1999–5748; FMCSA–2002–12844; FMCSA–                   Building Ground Floor, Room W12–140,
                                              out in the September 3, 2003 notice,                    2003–15268; FMCSA–2003–15892; FMCSA–
                                              except as modified by the notice in the                                                                       1200 New Jersey Avenue SE.,
                                                                                                      2004–17984; FMCSA–2005–20560; FMCSA–
                                              Federal Register on November 8, 2005                    2005–21711; FMCSA–2006–26653; FMCSA–                  Washington, DC, between 9 a.m. and 5
                                              (70 FR 67777), remain in effect.                        2007–27515; FMCSA–2007–27897; FMCSA–                  p.m., Monday through Friday, except
                                                                                                      2007–29019; FMCSA–2009–0121; FMCSA–                   Federal Holidays.
                                              IV. Submitting Comments                                 2009–0154; FMCSA–2009–0206; FMCSA–                      • Fax: 1–202–493–2251.
                                                 You may submit your comments and                     2011–0057; FMCSA–2011–0124; FMCSA–                      Instructions: Each submission must
                                              material online or by fax, mail, or hand                2011–0189; FMCSA–2013–0028; FMCSA–                    include the Agency name and the
                                              delivery, but please use only one of                    2013–0029; FMCSA–2013–0030; FMCSA–                    docket number for this notice. Note that
                                                                                                      2013–0165; FMCSA–2013–0166]                           DOT posts all comments received
                                              these means. FMCSA recommends that
                                              you include your name and a mailing                                                                           without change to http://
                                                                                                      Qualification of Drivers; Exemption
                                              address, an email address, or a phone                                                                         www.regulations.gov, including any
                                                                                                      Applications; Vision
                                              number in the body of your document                                                                           personal information included in a
                                              so that FMCSA can contact you if there                  AGENCY: Federal Motor Carrier Safety                  comment. Please see the Privacy Act
                                              are questions regarding your                            Administration (FMCSA), DOT.                          heading below.
                                              submission.                                             ACTION: Notice of renewal of                            Docket: For access to the docket to
                                                 To submit your comment online, go to                 exemptions; request for comments.                     read background documents or
                                              http://www.regulations.gov and in the                                                                         comments, go to http://
                                              search box insert the docket number                     SUMMARY:   FMCSA announces its                        www.regulations.gov at any time or
                                              FMCSA–2015–0068 and click the search                    decision to renew the exemptions from                 Room W12–140 on the ground level of
                                              button. When the new screen appears,                    the vision requirement in the Federal                 the West Building, 1200 New Jersey
                                              click on the blue ‘‘Comment Now!’’                      Motor Carrier Safety Regulations for 64               Avenue SE., Washington, DC, between 9
                                              button on the right hand side of the                    individuals. FMCSA has statutory                      a.m. and 5 p.m., Monday through
                                              page. On the new page, enter                            authority to exempt individuals from                  Friday, except Federal holidays. The
                                              information required including the                      the vision requirement if the                         Federal Docket Management System
                                              specific section of this document to                    exemptions granted will not                           (FDMS) is available 24 hours each day,
                                              which each comment applies, and                         compromise safety. The Agency has                     365 days each year. If you want
                                              provide a reason for each suggestion or                 concluded that granting these                         acknowledgment that we received your
                                              recommendation. If you submit your                      exemption renewals will provide a level               comments, please include a self-
                                              comments by mail or hand delivery,                      of safety that is equivalent to or greater            addressed, stamped envelope or
                                              submit them in an unbound format, no                    than the level of safety maintained                   postcard or print the acknowledgement
                                              larger than 81⁄2 by 11 inches, suitable for             without the exemptions for these                      page that appears after submitting
                                              copying and electronic filing. If you                   commercial motor vehicle (CMV)                        comments on-line.
                                              submit comments by mail and would                       drivers.                                                Privacy Act: Anyone may search the
                                              like to know that they reached the                      DATES: Each group of renewed                          electronic form of all comments
                                              facility, please enclose a stamped, self-               exemptions are effective from the dates               received into any of our dockets by the
                                              addressed postcard or envelope.                         stated in the discussions below.                      name of the individual submitting the
                                                 We will consider all comments and                    Comments must be received on or                       comment (or of the person signing the
                                              material received during the comment                    before November 20, 2015.                             comment, if submitted on behalf of an
                                              period and may change this proposed                     ADDRESSES: You may submit comments                    association, business, labor union, etc.).
                                              rule based on your comments. FMCSA                      bearing the Federal Docket Management                 You may review DOT’s Privacy Act
                                              may issue a final rule at any time after                System (FDMS) numbers: Docket No.                     Statement for the Federal Docket
                                              the close of the comment period.                        [Docket No. FMCSA–1999–5578;                          Management System (FDMS) published
                                                                                                      FMCSA–1999–5748; FMCSA–2002–                          in the Federal Register on January 17,
                                              V. Viewing Comments and Documents                                                                             2008 (73 FR 3316).
                                                                                                      12844; FMCSA–2003–15268; FMCSA–
                                                To view comments, as well as any                      2003–15892; FMCSA–2004–17984;                         FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with NOTICES




                                              documents mentioned in this preamble,                   FMCSA–2005–20560; FMCSA–2005–                         Charles A. Horan, III, Director, Carrier,
                                              To submit your comment online, go to                    21711; FMCSA–2006–26653; FMCSA–                       Driver and Vehicle Safety Standards,
                                              http://www.regulations.gov and in the                   2007–27515; FMCSA–2007–27897;                         202–366–4001, fmcsamedical@dot.gov,
                                              search box insert the docket number                     FMCSA–2007–29019; FMCSA–2009–                         FMCSA, Department of Transportation,
                                              FMCSA–2015–0068 and click ‘‘Search.’’                   0121; FMCSA–2009–0154; FMCSA–                         1200 New Jersey Avenue SE., Room
                                              Next, click ‘‘Open Docket Folder’’ and                  2009–0206; FMCSA–2011–0057;                           W64–224, Washington, DC 20590–0001.
                                              you will find all documents and                         FMCSA–2011–0124; FMCSA–2011–                          Office hours are from 8:30 a.m. to 5 p.m.


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                                              63870                     Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

                                              Monday through Friday, except Federal                   for additional two year periods. The                  0189; FMCSA–2013–0028; FMCSA–
                                              holidays.                                               following group(s) of drivers will                    2013–0029; FMCSA–2013–0030;
                                              SUPPLEMENTARY INFORMATION:                              receive renewed exemptions effective in               FMCSA–2013–0165. Their exemptions
                                                                                                      the month of November and are                         are effective as of November 6, 2015 and
                                              Background                                              discussed below.                                      will expire on November 6, 2017.
                                                 Under 49 U.S.C. 31136(e) and 31315,                    As of November 6, 2015, and in                         As of November 25, 2015, and in
                                              FMCSA may renew an exemption from                       accordance with 49 U.S.C. 31136(e) and                accordance with 49 U.S.C. 31136(e) and
                                              the vision requirements in 49 CFR                       31315, the following 31 individuals                   31315, the following individual, Dennis
                                              391.41(b)(10), which applies to drivers                 have satisfied the conditions for                     E. White (PA), has satisfied the
                                              of CMVs in interstate commerce, for a                   obtaining a renewed exemption from the                conditions for obtaining a renewed
                                              two-year period if it finds ‘‘such                      vision requirements (68 FR 37197; 68                  exemption from the vision requirements
                                              exemption would likely achieve a level                  FR 48989; 70 FR 17504; 70 FR 30997;                   (78 FR 62935; 78 FR 76395):
                                              of safety that is equivalent to or greater              70 FR 42615; 70 FR 48797; 70 FR 61493;                   The driver is included in the
                                              than the level that would be achieved                   72 FR 8417; 72 FR 21313; 72 FR 32703;                 following docket: Docket Nos. FMCSA–
                                              absent such exemption.’’ The                            72 FR 36099; 72 FR 39879; 72 FR 40360;                2013–0166. Their exemption is effective
                                              procedures for requesting an exemption                  72 FR 40362; 72 FR 52419; 72 FR 54971;                as of November 25, 2015 and will expire
                                              (including renewals) are set out in 49                  74 FR 26461; 74 FR 26464; 74 FR 34394;                on November 25, 2017.
                                              CFR part 381.                                           74 FR 34630; 74 FR 37295; 74 FR 41971;                   As of November 26, 2015, and in
                                              Exemption Decision                                      74 FR 43217; 74 FR 48343; 74 FR 49069;                accordance with 49 U.S.C. 31136(e) and
                                                                                                      74 FR 57551; 76 FR 18824; 76 FR 29024;                31315, the following individual, Albert
                                                 This notice addresses 64 individuals                 76 FR 34136; 76 FR 37168; 76 FR 37173;                M. Divella (NV), has satisfied the
                                              who have requested renewal of their                     76 FR 53708; 76 FR 54530; 76 FR 55463;                conditions for obtaining a renewed
                                              exemptions in accordance with FMCSA                     76 FR 55465; 76 FR 62143; 76 FR 66123;                exemption from the vision requirements
                                              procedures. FMCSA has evaluated these                   76 FR 67246; 78 FR 27281; 78 FR 34143;                (78 FR 62935; 78 FR 76395).
                                              64 applications for renewal on their                    78 FR 41188; 78 FR 41975; 78 FR 47818;                   The driver is included in the
                                              merits and decided to extend each                       78 FR 52602; 78 FR 56986; 78 FR 57679;                following docket: Docket No. FMCSA–
                                              exemption for a renewable two-year                                                                            2013–0166. Their exemption is effective
                                                                                                      78 FR 63307; 78 FR 77782; 78 FR 78477;
                                              period. Each individual is identified                                                                         as of November 26, 2015 and will expire
                                                                                                      79 FR 24298; 79 FR 53708):
                                              according to the renewal date.                                                                                on November 26, 2017.
                                                 The exemptions are extended subject                  Martin R. Anaya (NM)
                                                                                                      Kevan M. Burke (PA)                                      As of November 28, 2015, and in
                                              to the following conditions: (1) That
                                                                                                      Thomas F. Caithamer (IL)                              accordance with 49 U.S.C. 31136(e) and
                                              each individual has a physical
                                                                                                      Juan Carranco (TX)                                    31315, the following 17 individuals
                                              examination every year (a) by an
                                                                                                      Westcott Clarke (MA)                                  have satisfied the conditions for
                                              ophthalmologist or optometrist who
                                                                                                      James J. Doan (PA)                                    obtaining a renewed exemption from the
                                              attests that the vision in the better eye
                                                                                                      Kenneth J. Fisk (MI)                                  vision requirements (69 FR 33997; 69
                                              continues to meet the requirements in
                                                                                                      James E. Fix (SC)                                     FR 61292; 70 FR 48797; 70 FR 61493;
                                              49 CFR 391.41(b)(10), and (b) by a
                                                                                                      James E. Goodman (AL)                                 71 FR 55820; 72 FR 39879; 72 FR 52421;
                                              medical examiner who attests that the
                                                                                                      James P. Greene (NY)                                  72 FR 54971; 72 FR 58362; 72 FR 67344;
                                              individual is otherwise physically
                                                                                                      Bradley O. Hart (UT)                                  73 FR 65009; 74 FR 41971; 74 FR 49069;
                                              qualified under 49 CFR 391.41; (2) that
                                                                                                      Randy L. Huelster (OK)                                74 FR 57553; 76 FR 4413; 76 FR 62143;
                                              each individual provides a copy of the
                                                                                                      Jesus J. Huerta (NV)                                  76 FR 70212):
                                              ophthalmologist’s or optometrist’s
                                              report to the medical examiner at the                   Roger D. Kloss (IL)                                   Robert W. Bequeaith (IA)
                                              time of the annual medical examination;                 Michael A. Lawson (KY)                                Lloyd K. Brown (WY)
                                              and (3) that each individual provide a                  Steven R. Lechtenberg (NE)                            Kecia D. Clark-Welch (NC)
                                              copy of the annual medical certification                Joseph L. Mast (OR)                                   Charles A. DeKnikker, Sr. (NV)
                                              to the employer for retention in the                    David Matos (NY)                                      Clarence N. Florey, Jr. (PA)
                                              driver’s qualification file and retains a               Jesse R. McClary, Sr. (MO)                            Loren H. Geiken (SD)
                                              copy of the certification on his/her                    Roy L. Morgan (IL)                                    John N. Guilford (AL)
                                              person while driving for presentation to                Earl R. Neugerbauer (CO)                              John E. Halcomb (GA)
                                              a duly authorized Federal, State, or local              Steven D. O’Donnell (NJ)                              Michael A. Hershberger (OH)
                                              enforcement official. Each exemption                    Robert M. Pickett II (MI)                             Patrick J. Hogan, Jr. (DE)
                                              will be valid for two years unless                      Gerald J. Shamla (MN)                                 Raul Martinez (FL)
                                              rescinded earlier by FMCSA. The                         Steven C. Sheeder (IA)                                Robert A. Miller (KY)
                                              exemption will be rescinded if: (1) The                 Halman Smith (DE)                                     Amilton T. Monteiro (MA)
                                              person fails to comply with the terms                   Jerry W. Stanfill (AR)                                David G. Oakley (SC)
                                              and conditions of the exemption; (2) the                Brian C. Tate (OH)                                    John S. Olsen (PA)
                                              exemption has resulted in a lower level                 Scott C. Teich (MN)                                   Thomas J. Prusik (NJ)
                                              of safety than was maintained before it                 Bruce E. Thulin (NE)                                  Brent L. Seaux (LA)
                                              was granted; or (3) continuation of the                 Virgil E. Walker (TX)                                    The drivers were included in one of
                                              exemption would not be consistent with                    The drivers were included in one of                 the following dockets: Docket No.
                                              the goals and objectives of 49 U.S.C.                   the following dockets: Docket Nos.                    FMCSA–2004–17984; FMCSA–2005–
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                                              31136(e) and 31315.                                     FMCSA–2003–15268; FMCSA–2005–                         21711; FMCSA–2007–27897; FMCSA–
                                                                                                      20560; FMCSA–2005–21711; FMCSA–                       2007–29019. Their exemptions are
                                              Basis for Renewing Exemptions                           2006–26653; FMCSA–2007–27515;                         effective as of November 28, 2015 and
                                                Under 49 U.S.C. 31315(b)(1), an                       FMCSA–2007–27897; FMCSA–2009–                         will expire on November 28, 2017.
                                              exemption may be granted for no longer                  0121; FMCSA–2009–0154; FMCSA–                            As of November 30, 2015, and in
                                              than two years from its approval date                   2009–0206; FMCSA–2011–0057;                           accordance with 49 U.S.C. 31136(e) and
                                              and may be renewed upon application                     FMCSA–2011–0124; FMCSA–2011–                          31315, the following 14 individuals


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                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                                63871

                                              have satisfied the conditions for                       exemption under 49 U.S.C. 31136(e) and                the page. On the new page, enter
                                              obtaining a renewed exemption from the                  31315 can be satisfied by initially                   information required including the
                                              vision requirements (64 FR 27027; 64                    granting the renewal and then                         specific section of this document to
                                              FR 40404; 64 FR 51568; 64 FR 66962;                     requesting and evaluating, if needed,                 which each comment applies, and
                                              66 FR 63289; 67 FR 68719; 68 FR 2629;                   subsequent comments submitted by                      provide a reason for each suggestion or
                                              68 FR 52811; 68 FR 61860; 68 FR 64944;                  interested parties. As indicated above,               recommendation. If you submit your
                                              70 FR 48797; 70 FR 61165; 70 FR 61493;                  the Agency previously published                       comments by mail or hand delivery,
                                              70 FR 67776; 72 FR 64273; 74 FR 62632;                  notices of final disposition announcing               submit them in an unbound format, no
                                              76 FR 70215; 78 FR 64280):                              its decision to exempt these 64                       larger than 81⁄2 by 11 inches, suitable for
                                              Thomas E. Adams (IN)                                    individuals from the vision requirement               copying and electronic filing. If you
                                              Terry J. Aldridge (MS)                                  in 49 CFR 391.41(b)(10). The final                    submit comments by mail and would
                                              Lennie D. Baker, Jr. (NC)                               decision to grant an exemption to each                like to know that they reached the
                                              Jerry D. Bridges (TX)                                   of these individuals was made on the                  facility, please enclose a stamped, self-
                                              William J. Corder (NC)                                  merits of each case and made only after               addressed postcard or envelope.
                                              Gary R. Gutschow (WI)                                   careful consideration of the comments                    We will consider all comments and
                                              James J. Hewitt (WI)                                    received to its notices of applications.              material received during the comment
                                              Rodney M. Mimbs (GA)                                    The notices of applications stated in                 period and may change this proposed
                                              Walter F. Moniowczak (MI)                               detail the qualifications, experience,                rule based on your comments. FMCSA
                                              James R. Murphy (NY)                                    and medical condition of each applicant               may issue a final rule at any time after
                                              Chris A. Ritenour (MI)                                  for an exemption from the vision                      the close of the comment period.
                                              Ronald L. Roy (IL)                                      requirements. That information is
                                              Thomas E. Walsh (CA)                                    available by consulting the above cited               Viewing Comments and Documents
                                              Kevin P. Weinhold (MA)                                  Federal Register publications.                           To view comments, as well as any
                                                The drivers were included in one of                      Interested parties or organizations                documents mentioned in this preamble,
                                              the following dockets: Docket No.                       possessing information that would                     To submit your comment online, go to
                                              FMCSA–1999–5578; FMCSA–1999–                            otherwise show that any, or all, of these             http://www.regulations.gov and in the
                                              5748; FMCSA–2002–12844; FMCSA–                          drivers are not currently achieving the               search box insert the docket number
                                              2003–15892; FMCSA–2005–21711.                           statutory level of safety should                      FMCSA–1999–5578; FMCSA–1999–
                                              Their exemptions are effective as of                    immediately notify FMCSA. The                         5748; FMCSA–2002–12844; FMCSA–
                                              November 30, 2015 and will expire on                    Agency will evaluate any adverse                      2003–15268; FMCSA–2003–15892;
                                              November 30, 2017.                                      evidence submitted and, if safety is                  FMCSA–2004–17984; FMCSA–2005–
                                                Each of the 64 applicants listed in the               being compromised or if continuation of               20560; FMCSA–2005–21711; FMCSA–
                                              groups above has requested renewal of                   the exemption would not be consistent                 2006–26653; FMCSA–2007–27515;
                                              the exemption and has submitted                         with the goals and objectives of 49                   FMCSA–2007–27897; FMCSA–2007–
                                              evidence showing that the vision in the                 U.S.C. 31136(e) and 31315, FMCSA will                 29019; FMCSA–2009–0121; FMCSA–
                                              better eye continues to meet the                        take immediate steps to revoke the                    2009–0154; FMCSA–2009–0206;
                                              requirement specified at 49 CFR                         exemption of a driver.                                FMCSA–2011–0057; FMCSA–2011–
                                              391.41(b)(10) and that the vision
                                                                                                      Submitting Comments                                   0124; FMCSA–2011–0189; FMCSA–
                                              impairment is stable. In addition, a
                                                                                                                                                            2013–0028; FMCSA–2013–0029;
                                              review of each record of safety while                     You may submit your comments and
                                                                                                                                                            FMCSA–2013–0030; FMCSA–2013–
                                              driving with the respective vision                      material online or by fax, mail, or hand
                                                                                                      delivery, but please use only one of                  0165; FMCSA–2013–0166 and click
                                              deficiencies over the past two years
                                                                                                      these means. FMCSA recommends that                    ‘‘Search.’’ Next, click ‘‘Open Docket
                                              indicates each applicant continues to
                                                                                                      you include your name and a mailing                   Folder’’ and you will find all documents
                                              meet the vision exemption
                                                                                                      address, an email address, or a phone                 and comments related to the proposed
                                              requirements.
                                                                                                      number in the body of your document                   rulemaking.
                                                These factors provide an adequate
                                              basis for predicting each driver’s ability              so that FMCSA can contact you if there                  Issued on: October 8, 2015.
                                              to continue to drive safely in interstate               are questions regarding your                          Larry W. Minor,
                                              commerce. Therefore, FMCSA                              submission.                                           Associate Administrator for Policy.
                                              concludes that extending the exemption                    To submit your comment online, go to                [FR Doc. 2015–26699 Filed 10–20–15; 8:45 am]
                                              for each renewal applicant for a period                 http://www.regulations.gov and in the                 BILLING CODE 4910–EX–P
                                              of two years is likely to achieve a level               search box insert the docket numbers
                                              of safety equal to that existing without                FMCSA–1999–5578; FMCSA–1999–
                                              the exemption.                                          5748; FMCSA–2002–12844; FMCSA–                        DEPARTMENT OF TRANSPORTATION
                                                                                                      2003–15268; FMCSA–2003–15892;
                                              Request for Comments                                    FMCSA–2004–17984; FMCSA–2005–                         Surface Transportation Board
                                                FMCSA will review comments                            20560; FMCSA–2005–21711; FMCSA–
                                                                                                      2006–26653; FMCSA–2007–27515;                         [Docket No. FD 35965]
                                              received at any time concerning a
                                              particular driver’s safety record and                   FMCSA–2007–27897; FMCSA–2007–                         Indiana Southern Railroad, LLC—
                                              determine if the continuation of the                    29019; FMCSA–2009–0121; FMCSA–                        Temporary Trackage Rights
                                              exemption is consistent with the                        2009–0154; FMCSA–2009–0206;                           Exemption—Norfolk Southern Railway
                                              requirements at 49 U.S.C. 31136(e) and                  FMCSA–2011–0057; FMCSA–2011–                          Company
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                                              31315. However, FMCSA requests that                     0124; FMCSA–2011–0189; FMCSA–
                                              interested parties with specific data                   2013–0028; FMCSA–2013–0029;                              Pursuant to a written trackage rights
                                              concerning the safety records of these                  FMCSA–2013–0030; FMCSA–2013–                          agreement dated June 29, 2015, Norfolk
                                              drivers submit comments by November                     0165; FMCSA–2013–0166 and click the                   Southern Railway Company (NSR) has
                                              20, 2015.                                               search button. When the new screen                    agreed to grant overhead temporary
                                                FMCSA believes that the                               appears, click on the blue ‘‘Comment                  trackage rights to Indiana Southern
                                              requirements for a renewal of an                        Now!’’ button on the right hand side of               Railroad, LLC (ISRR), over NSR’s line of


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Document Created: 2018-02-27 08:54:33
Document Modified: 2018-02-27 08:54:33
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 20, 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 63869 

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