80 FR 67481 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 211 (November 2, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 211 (November 2, 2015)
| Page Range | 67481-67483 | |
| FR Document | 2015-27884 |
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)] [Notices] [Pages 67481-67483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27884] [[Page 67481]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-5578; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA- 2002-11426; FMCSA-2003-14223; FMCSA-2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0022; FMCSA-2013-0166; FMCSA-2013-0169] 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 99 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 December 2, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999- 5578; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2003- 14223; FMCSA-2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA- 2005-22194; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA- 2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0142; FMCSA- 2011-0275; FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0022; FMCSA- 2013-0166; FMCSA-2013-0169], 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: Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: 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 99 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 99 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 December and are discussed below. As of December 5, 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 (66 FR 17743; 66 [[Page 67482]] FR 33990; 68 FR 10301; 68 FR 19596; 68 FR 35772; 68 FR 52811; 68 FR 61860; 70 FR 25878; 70 FR 33937; 70 FR 61165; 72 FR 32705; 72 FR 46261; 72 FR 54972; 72 FR 58359; 72 FR 58362; 72 FR 67344; 74 FR 26461; 74 FR 26464; 74 FR 34630; 74 FR 43217; 74 FR 53581; 74 FR 57551; 74 FR 57553; 76 FR 25766; 76 FR 34135; 76 FR 37168; 76 FR 37885; 76 FR 54530; 76 FR 64169; 76 FR 64171; 76 FR 66123; 76 FR 70212; 76 FR 75943; 78 FR 12815; 78 FR 22602; 78 FR 62935; 78 FR 65032; 78 FR 68137; 78 FR 76395; 78 FR 77782; 78 FR 78477): Daniel F. Albers (CA) Keith Bell (FL) Kevin G. Clem (SD) David N. Cleveland (ME) David J. Comeaux (LA) Tommy R. Crouse (LA) Albion C. Doe, Sr. (NH) Mark D. Kraft (IL) Rocky J. Lachney (LA) Chase L. Larson (WA) Herman G. Lovell (OR) Danny C. Pope (IL) James B. Prunty (WV) Rick E. Smith (IL) Robert E. Smith (CT) Fred L. Stotts (OK) Randell K. Tyler (AL) The drivers were included in one of the following dockets: Docket Nos. FMCSA-2001-9258; FMCSA-2003-14223; FMCSA-2003-15892; FMCSA-2007- 27897; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0206; FMCSA-2011- 0092; FMCSA-2011-26690; FMCSA-2013-0022; FMCSA-2013-0166. Their exemptions are effective as of December 5, 2015 and will expire on December 5, 2017. As of December 6, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 7 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (70 FR 57353; 70 FR 72689; 72 FR 62897; 74 FR 43217; 74 FR 57551; 74 FR 60021; 76 FR 70210; 78 FR 66099): John E. Bell (AZ) Henry L. Chastain (GA) Thomas R. Crocker (SC) Thomas C. Meadows (NC) David A. Morris (TX) Richard P. Stanley (MA) Scott A. Tetter (IL) The drivers were included in one of the following dockets: Docket No. FMSCA-2005-22194; FMCSA-2009-0206. Their exemptions are effective as of December 6, 2015 and will expire on December 6, 2017. As of December 13, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Bernard T. Gillette (PA), has satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 62935; 78 FR 76395). The driver was included in the following docket: Docket No. FMCSA- 2013-0166. The exemption is effective as of December 13, 2015 and will expire on December 13, 2017. As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 8 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 62935; 78 FR 76395): Herbert R. Benner (ME) Steven M. Hoover (IL) Lewis J. Johnson (PA) Michael E. Miles (IL) Carlos A. Osollo (NM) Henry D. Smith (NC) Kolby W. Strickland (WA) Cesar Villa (NM) The drivers were included in one of the following dockets: Docket No. FMCSA-2013-0166. Their exemptions are effective as of December 17, 2015 and will expire on December 17, 2017. As of December 22, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 5 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (72 FR 58362; 72 FR 67344; 74 FR 57553; 76 FR 49528; 76 FR 61143; 76 FR 64164; 76 FR 67248; 76 FR 70212; 76 FR 75940; 76 FR 79761; 78 FR 67460): Frank E. Johnson, Jr. (FL) Todd A. McBrain (OK) Robert E. Morgan, Jr. (GA) David M. Taylor (MO) James D. Zimmer (OH) The drivers were included in one of the following dockets: Docket No. FMCSA-2007-29019; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011- 0276. Their exemptions are effective as of December 22, 2015 and will expire on December 22, 2017. As of December 24, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 38 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 64274; 78 FR 77778): Lawrence A. Angle (MO) Ernest J. Bachman (PA) Wayne Barker (OK) Eugene R. Briggs (MI) Matthew S. Burns (OH) Ryan J. Burnworth (MO) Michael D. Champion (VT) Kevin J. Cobb (PA) Lee A. DeHaan (SD) Bradley R. Dishman (KY) Matthew Eck (PA) Christopher T. Faber (FL) Gregory K. Frazier (GA) John E. Gannon, Jr. (NV) Thomas G. Gholston (MS) David B. Jones (FL) Thomas L. Kitchen (VA) David G. Lamborn (ND) Luther D. Long (GA) George Malivuk (WI) Stephen R. Marshall (MS) Edgar H. Meraz (NM) Chad A. Miller (IA) William L. Paschall (MD) Kerry R. Powers (IN) Glennis R. Reynolds (KY) Noel S. Robbins (PA) Joseph Saladino (FL) Raymond C. Schultz (OH) Eugene D. Self, Jr., James A. Shepard (NY) Darren B. Shields (NV) Roye T. Skelton (MS) Mark P. Thiboutot (NH) Robert Thomas (PA) Herman D. Truewell (FL) Donald L. Urmston (OH) Janusz K. Wis (IL) The drivers were included in one of the following dockets: Docket No. FMCSA-2013-0169. Their exemptions are effective as of December 24, 2015 and will expire on December 24, 2017. As of December 27, 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 (64 FR 27027; 64 FR 51568; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 67 FR 19798; 68 FR 64944; 68 FR 69434; 69 FR 19611; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR 61493; 70 FR 67776; 70 FR 72689; 70 FR 74102; 72 FR 39879; 72 FR 52422; 74 FR 37295; 74 FR 48343; 74 FR 49069; 74 FR 60021; 76 FR 75942; 78 FR 67452): Anthony Brandano (MA) Stanley E. Elliott (UT) Elmer E. Gockley (PA) Danny R. Gray (OK) Glenn T. Hehner (KY) Vladmir M. Kats (NC) Alfred Keehn (AZ) Randall B. Laminack (TX) Robert W. Lantis (MT) Jerry J. Lord (PA) Ronald S. Mallory (OK) Eldon Miles (IN) Neal A. Richard (LA) Rene R. Trachsel (OR) Stanley W. Tyler, Jr. (NC) Kendle F. Waggle, Jr. (IN) DeWayne Washington (NC) The drivers were included in one of the following dockets: Docket No. FMCSA-1999-5578; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA- [[Page 67483]] 2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2009-0154. Their exemptions are effective as of December 27, 2015 and will expire on December 27, 2017. As of December 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 (66 FR 53826; 66 FR 66966; 68 FR 61857; 68 FR 69434; 68 FR 75715; 70 FR 74102; 71 FR 646; 72 FR 71993; 72 FR 71998; 74 FR 65846; 76 FR 78729; 78 FR 67454; 78 FR 67462; 79 FR 4803): Martiniano L. Espinosa (FL) Dustin K. Heimbach (PA) James G. LaBair (MI) Lonnie Lomax, Jr. (IL) Eugene C. Murphy (FL) John H. Voigts (AZ). The drivers were included in one of the following dockets: Docket No. FMCSA-2001-10578; FMCSA-2003-16241. Their exemptions are effective as of December 31, 2015 and will expire on December 31, 2017. Each of the 99 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 December 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 99 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- 2001-9258; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2003-14223; FMCSA- 2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0022; FMCSA-2013-0166; FMCSA-2013-0169 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-2001-9258; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2003-14223; FMCSA-2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0022; FMCSA-2013-0166; FMCSA-2013-0169 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Issued on: October 21, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-27884 Filed 10-30-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices 67481
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., West Building exemption would likely achieve a level
Ground Floor, Room W12–140, of safety that is equivalent to or greater
Federal Motor Carrier Safety Washington, DC 20590–0001. than the level that would be achieved
Administration • Hand Delivery or Courier: West absent such exemption.’’ The
[Docket No. FMCSA–1999–5578; FMCSA– Building Ground Floor, Room W12–140, procedures for requesting an exemption
2001–9258; FMCSA–2001–10578; FMCSA– 1200 New Jersey Avenue SE., (including renewals) are set out in 49
2002–11426; FMCSA–2003–14223; FMCSA– Washington, DC, between 9 a.m. and 5 CFR part 381.
2003–15892; FMCSA–2003–16241; FMCSA– p.m., Monday through Friday, except Exemption Decision
2005–21711; FMCSA–2005–22194; FMCSA– Federal Holidays.
2007–27897; FMCSA–2007–29019; FMCSA– • Fax: 1–202–493–2251. This notice addresses 99 individuals
2009–0121; FMCSA–2009–0154; FMCSA– Instructions: Each submission must who have requested renewal of their
2009–0206; FMCSA–2011–0092; FMCSA– exemptions in accordance with FMCSA
2011–0142; FMCSA–2011–0275; FMCSA–
include the Agency name and the
docket number for this notice. Note that procedures. FMCSA has evaluated these
2011–0276; FMCSA–2011–26690; FMCSA–
2013–0022; FMCSA–2013–0166; FMCSA– DOT posts all comments received 99 applications for renewal on their
2013–0169] without change to http:// merits and decided to extend each
www.regulations.gov, including any exemption for a renewable two-year
Qualification of Drivers; Exemption personal information included in a period. Each individual is identified
Applications; Vision comment. Please see the Privacy Act according to the renewal date.
heading below. The exemptions are extended subject
AGENCY: Federal Motor Carrier Safety to the following conditions: (1) That
Administration (FMCSA), DOT. Docket: For access to the docket to
read background documents or each individual has a physical
ACTION: Notice of renewal of examination every year (a) by an
exemptions; request for comments. comments, go to http://
www.regulations.gov at any time or ophthalmologist or optometrist who
Room W12–140 on the ground level of attests that the vision in the better eye
SUMMARY: FMCSA announces its
the West Building, 1200 New Jersey continues to meet the requirements in
decision to renew the exemptions from
Avenue SE., Washington, DC, between 9 49 CFR 391.41(b)(10), and (b) by a
the vision requirement in the Federal
a.m. and 5 p.m., Monday through medical examiner who attests that the
Motor Carrier Safety Regulations for 99
Friday, except Federal holidays. The individual is otherwise physically
individuals. FMCSA has statutory
qualified under 49 CFR 391.41; (2) that
authority to exempt individuals from Federal Docket Management System
each individual provides a copy of the
the vision requirement if the (FDMS) is available 24 hours each day,
ophthalmologist’s or optometrist’s
exemptions granted will not 365 days each year. If you want
report to the medical examiner at the
compromise safety. The Agency has acknowledgment that we received your
concluded that granting these time of the annual medical examination;
comments, please include a self-
exemption renewals will provide a level and (3) that each individual provide a
addressed, stamped envelope or
of safety that is equivalent to or greater copy of the annual medical certification
postcard or print the acknowledgement
than the level of safety maintained to the employer for retention in the
page that appears after submitting
without the exemptions for these driver’s qualification file and retains a
comments on-line.
commercial motor vehicle (CMV) Privacy Act: Anyone may search the copy of the certification on his/her
drivers. electronic form of all comments person while driving for presentation to
received into any of our dockets by the a duly authorized Federal, State, or local
DATES: Each group of renewed enforcement official. Each exemption
exemptions are effective from the dates name of the individual submitting the
comment (or of the person signing the will be valid for two years unless
stated in the discussions below. rescinded earlier by FMCSA. The
Comments must be received on or comment, if submitted on behalf of an
association, business, labor union, etc.). exemption will be rescinded if: (1) The
before December 2, 2015. person fails to comply with the terms
ADDRESSES: You may submit comments
You may review DOT’s Privacy Act
Statement for the Federal Docket and conditions of the exemption; (2) the
bearing the Federal Docket Management exemption has resulted in a lower level
System (FDMS) numbers: Docket No. Management System (FDMS) published
in the Federal Register on January 17, of safety than was maintained before it
[Docket No. FMCSA–1999–5578; was granted; or (3) continuation of the
FMCSA–2001–9258; FMCSA–2001– 2008 (73 FR 3316).
exemption would not be consistent with
10578; FMCSA–2002–11426; FMCSA– FOR FURTHER INFORMATION CONTACT: the goals and objectives of 49 U.S.C.
2003–14223; FMCSA–2003–15892; Christine A. Hydock, Chief, Medical 31136(e) and 31315.
FMCSA–2003–16241; FMCSA–2005– Programs Division, 202–366–4001,
21711; FMCSA–2005–22194; FMCSA– fmcsamedical@dot.gov, FMCSA, Basis for Renewing Exemptions
2007–27897; FMCSA–2007–29019; Department of Transportation, 1200 Under 49 U.S.C. 31315(b)(1), an
FMCSA–2009–0121; FMCSA–2009– New Jersey Avenue SE., Room W64– exemption may be granted for no longer
0154; FMCSA–2009–0206; FMCSA– 224, Washington, DC 20590–0001. than two years from its approval date
2011–0092; FMCSA–2011–0142; Office hours are from 8:30 a.m. to 5 p.m. and may be renewed upon application
FMCSA–2011–0275; FMCSA–2011– Monday through Friday, except Federal for additional two year periods. The
0276; FMCSA–2011–26690; FMCSA– holidays. following group(s) of drivers will
receive renewed exemptions effective in
asabaliauskas on DSK5VPTVN1PROD with NOTICES
2013–0022; FMCSA–2013–0166; SUPPLEMENTARY INFORMATION:
FMCSA–2013–0169], using any of the the month of December and are
Background
following methods: discussed below.
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, As of December 5, 2015, and in
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 17 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 17743; 66
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2005–21711; FMCSA–2005–22194; granting the renewal and then document to which each comment
FMCSA–2007–27897; FMCSA–2009– requesting and evaluating, if needed, applies, and provide a reason for each
0154. Their exemptions are effective as subsequent comments submitted by suggestion or recommendation. If you
of December 27, 2015 and will expire on interested parties. As indicated above, submit your comments by mail or hand
December 27, 2017. the Agency previously published delivery, submit them in an unbound
As of December 31, 2015, and in notices of final disposition announcing format, no larger than 81⁄2 by 11 inches,
accordance with 49 U.S.C. 31136(e) and its decision to exempt these 99 suitable for copying and electronic
31315, the following 6 individuals have individuals from the vision requirement filing. If you submit comments by mail
satisfied the conditions for obtaining a in 49 CFR 391.41(b)(10). The final and would like to know that they
renewed exemption from the vision decision to grant an exemption to each reached the facility, please enclose a
requirements (66 FR 53826; 66 FR of these individuals was made on the stamped, self-addressed postcard or
66966; 68 FR 61857; 68 FR 69434; 68 FR merits of each case and made only after envelope.
75715; 70 FR 74102; 71 FR 646; 72 FR careful consideration of the comments We will consider all comments and
71993; 72 FR 71998; 74 FR 65846; 76 FR received to its notices of applications. material received during the comment
78729; 78 FR 67454; 78 FR 67462; 79 FR The notices of applications stated in period and may change this proposed
4803): detail the qualifications, experience, rule based on your comments. FMCSA
Martiniano L. Espinosa (FL) and medical condition of each applicant may issue a final rule at any time after
Dustin K. Heimbach (PA) for an exemption from the vision the close of the comment period.
James G. LaBair (MI) requirements. That information is Viewing Comments and Documents
Lonnie Lomax, Jr. (IL) available by consulting the above cited
Federal Register publications. To view comments, as well as any
Eugene C. Murphy (FL) documents mentioned in this preamble,
John H. Voigts (AZ). Interested parties or organizations
possessing information that would To submit your comment online, go to
The drivers were included in one of otherwise show that any, or all, of these http://www.regulations.gov and in the
the following dockets: Docket No. drivers are not currently achieving the search box insert the docket number
FMCSA–2001–10578; FMCSA–2003– statutory level of safety should FMCSA–1999–5578; FMCSA–2001–
16241. Their exemptions are effective as immediately notify FMCSA. The 9258; FMCSA–2001–10578; FMCSA–
of December 31, 2015 and will expire on Agency will evaluate any adverse 2002–11426; FMCSA–2003–14223;
December 31, 2017. evidence submitted and, if safety is FMCSA–2003–15892; FMCSA–2003–
Each of the 99 applicants listed in the being compromised or if continuation of 16241; FMCSA–2005–21711; FMCSA–
groups above has requested renewal of the exemption would not be consistent 2005–22194; FMCSA–2007–27897;
the exemption and has submitted with the goals and objectives of 49 FMCSA–2007–29019; FMCSA–2009–
evidence showing that the vision in the U.S.C. 31136(e) and 31315, FMCSA will 0121; FMCSA–2009–0154; FMCSA–
better eye continues to meet the take immediate steps to revoke the 2009–0206; FMCSA–2011–0092;
requirement specified at 49 CFR exemption of a driver. FMCSA–2011–0142; FMCSA–2011–
391.41(b)(10) and that the vision 0275; FMCSA–2011–0276; FMCSA–
impairment is stable. In addition, a Submitting Comments 2011–26690; FMCSA–2013–0022;
review of each record of safety while You may submit your comments and FMCSA–2013–0166; FMCSA–2013–
driving with the respective vision material online or by fax, mail, or hand 0169 and click ‘‘Search.’’ Next, click
deficiencies over the past two years delivery, but please use only one of ‘‘Open Docket Folder’’ and you will find
indicates each applicant continues to these means. FMCSA recommends that all documents and comments related to
meet the vision exemption you include your name and a mailing the proposed rulemaking.
requirements. address, an email address, or a phone Issued on: October 21, 2015.
These factors provide an adequate number in the body of your document
Larry W. Minor,
basis for predicting each driver’s ability so that FMCSA can contact you if there
to continue to drive safely in interstate are questions regarding your Associate Administrator for Policy.
commerce. Therefore, FMCSA submission. [FR Doc. 2015–27884 Filed 10–30–15; 8:45 am]
concludes that extending the exemption To submit your comment online, go to BILLING CODE 4910–EX–P
for each renewal applicant for a period http://www.regulations.gov and in the
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–2001– DEPARTMENT OF TRANSPORTATION
the exemption. 9258; FMCSA–2001–10578; FMCSA–
National Highway Traffic Safety
2002–11426; FMCSA–2003–14223;
Request for Comments Administration
FMCSA–2003–15892; FMCSA–2003–
FMCSA will review comments 16241; FMCSA–2005–21711; FMCSA– [Docket No. NHTSA–2015–0081; Notice 1]
received at any time concerning a 2005–22194; FMCSA–2007–27897;
particular driver’s safety record and FMCSA–2007–29019; FMCSA–2009– Notice of Receipt of Petition for
determine if the continuation of the 0121; FMCSA–2009–0154; FMCSA– Decision That Nonconforming 2006
exemption is consistent with the 2009–0206; FMCSA–2011–0092; Mercedes-Benz SL Passenger Cars
requirements at 49 U.S.C. 31136(e) and FMCSA–2011–0142; FMCSA–2011– (Manufactured Before September 1,
31315. However, FMCSA requests that 0275; FMCSA–2011–0276; FMCSA– 2006) Are Eligible for Importation
asabaliauskas on DSK5VPTVN1PROD with NOTICES
interested parties with specific data 2011–26690; FMCSA–2013–0022; AGENCY: National Highway Traffic
concerning the safety records of these FMCSA–2013–0166; FMCSA–2013– Safety Administration, DOT.
drivers submit comments by December 0169 and click the search button. When ACTION: Receipt of petition.
2, 2015. the new screen appears, click on the
FMCSA believes that the blue ‘‘Comment Now!’’ button on the SUMMARY: This document announces
requirements for a renewal of an right hand side of the page. On the new receipt by the National Highway Traffic
exemption under 49 U.S.C. 31136(e) and page, enter information required Safety Administration (NHTSA) of a
31315 can be satisfied by initially including the specific section of this petition for a decision that
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Document Created: 2018-03-01 11:30:06
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| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before December 2, 2015. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 67481 |
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