80_FR_80690 80 FR 80443 - Qualification of Drivers; Exemption Applications; Vision

80 FR 80443 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80443-80446
FR Document2015-32362

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 120 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 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80443-80446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32362]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-
2003-15268; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; 
FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017; 
FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303; 
FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275; 
FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027; 
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; 
FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170]


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 
120 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 
January 25, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-
2006-24783; FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653; FMCSA-
2007-27897; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-
2011-0142; FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-
2011-0299; FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-
2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-
2013-0168; FMCSA-2013-0169; FMCSA-2013-0170], 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).

[[Page 80444]]


FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, 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.

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 120 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 120 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 
January and are discussed below.
    As of January 3, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 41 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (64 FR 
54948; 65 FR 159; 66 FR 53826; 66 FR 66966; 66 FR 66969; 68 FR 69432; 
68 FR 69434; 70 FR 53412; 70 FR 57353; 70 FR 72689; 70 FR 74102; 71 FR 
32183; 71 FR 41310; 71 FR 644; 72 FR 180; 72 FR 8417; 72 FR 9397; 72 FR 
36099; 72 FR 39879; 72 FR 52419; 72 FR 62897; 72 FR 71995; 73 FR 60398; 
74 FR 8302; 74 FR 34394; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR 
60021; 74 FR 65847; 75 FR 25917; 75 FR 39727; 76 FR 12216; 76 FR 34135; 
76 FR 49528; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 61143; 76 FR 
64169; 76 FR 64171; 76 FR 67246; 76 FR 70210; 76 FR 70212; 76 FR 75942; 
76 FR 75943; 76 FR 79760; 78 FR 24798; 78 FR 34143; 78 FR 41975; 78 FR 
46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 
78 FR 63307; 78 FR 64274; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 
67460; 78 FR 76395; 78 FR 76705; 78 FR 77778; 78 FR 77780; 78 FR 77782; 
78 FR 78477):

Terry L. Baker (KY)
Woodrow E. Bohley (MO)
Jason W. Bowers (OR)
Scott Brady (FL)
Kenneth E. Bross (MO)
Junior Chavarria (NM)
William Chisley (MD)
Walter F. Crean, III (CT)
Terry D. Elliott (TN)
Ronnie J. Fieck (WI)
Frederick E. Foster (VA)
Gerald W. Fox (PA)
Raymond L. Herman (NY)
Wesley V. Holland (NC)
Darryl H. Johnson (WV)
Carol Kelly (IN)
Martin D. Keough (NY)
Richard H. Kind (WA)
Eric L. Kinner (NY)
Volga Kirkwood (MO)
Richard L. Loeffelholz (WI)
Stanley B. Marshall (GA)
Herman C. Mash (NC)
James McCleary (OH)
Humberto Mendoza (TX)
Marvin L. Motes (FL)
Gerald L. Pagan (NC)
Daniel F. Perez (CA)
Robert G. Rascicot (FL)
Michael J. Robinson (WV)
Glen M. Schulz (IA)
Levi A. Shetler (OH)
Herbert W. Smith (WV)
Juan E. Sotero (FL)
James A. Spell (MD)
Timothy R. Steckman (IL)
Paul D. Stoddard (NY)
Harry J. Stoever, Jr. (NJ)
Eric Taniguchi (HI)
Benny R. Toothman (PA)
Stephen H. Ward (MO)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-1999-6156; FMCSA-2001-10578; FMCSA-2005-22194; FMCSA-2006-
24783; FMCSA-2006-25246; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-
2009-0154; FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-
2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169. Their 
exemptions are effective as of January 3, 2016 and will expire on 
January 3, 2018.
    As of January 5, 2016 and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 3 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (76 FR 
70213; 77 FR 541; 78 FR 74223):

Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2011-0298. Their exemptions are effective as of January 5, 
2016 and will expire on January 5, 2018.
    As of January 8, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (72 FR 
67340; 73 FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704):

Richard D. Becotte (NH)
Wayne A. Burnett (NC)
Boleslaw Makowski (WI)
Charles M. Moore (TX)
Gary T. Murray (GA)
Anthony D. Ovitt (VT)
Martin Postma (IL)
Steven S. Reinsvold (WI)
George E. Todd (WV)
Bradley A. Weiser (OH)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2007-0017. Their exemptions are effective as of January 8, 
2016 and will expire on January 8, 2018.

[[Page 80445]]

    As of January 9, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Juan R. Andrade (TX), has 
satisfied the conditions for obtaining a renewed exemption from the 
vision requirements (78 FR 64271; 79 FR 2748).
    The driver was included in the following docket: Docket No. FMCSA-
2013-0167. The exemption is effective as of January 9, 2016 and will 
expire on January 9, 2018.
    As of January 15, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 15 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (78 FR 
64271; 79 FR 2748):

Ronald C. Ashley (GA)
Miguel A. Calderon (CA)
Terry L. Cliffe (IL)
Andrew S. Durward (IL)
James P. Fitzgerald (MA)
Louis E. Henry, Jr. (KY)
Adam S. Larson (CO)
Sally A. Leavitt (NV)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Larry P. Magrath (MN)
Richard J. Pauxtis (OR)
Johnny L. Powell (MD)
Roy A. Whitaker (TX)
Sammy D. Wynn (GA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2013-0167. Their exemptions are effective as of January 15, 
2016 and will expire on January 15, 2018.
    As of January 24, 2016, 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 (76 FR 
64164; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR 3547; 79 FR 2247):

Adam O. Carson (MS)
Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)
Roger W. Hammack (AL)
Herman Martinez (NM)
Gilford J. Whittle (GA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299. Their exemptions 
are effective as of January 24, 2016 and will expire on January 24, 
2018.
    As of January 27, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (65 FR 
66286; 66 FR 13825; 68 FR 10300; 68 FR 37197; 68 FR 52811; 68 FR 61860; 
70 FR 41811; 70 FR 48797; 70 FR 48798; 70 FR 48799; 70 FR 48800; 70 FR 
48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 71 FR 4632; 
72 FR 52422; 72 FR 58359; 72 FR 62897; 73 FR 1395; 73 FR 5259; 74 FR 
60021; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR 78475):

Arthur L. Bousema (CA)
Norman E. Braden (CO)
Matthew W. Daggs (MO)
Donald R. Date, Jr. (MD)
Gordon R. Fritz (WI)
Ronald K. Fultz (KY)
John E. Kimmet, Jr. (WA)
Robert C. Leathers (MO)
Jason L. Light (ID)
Kenneth R. Murphy (WA)
Michael J. Richard (LA)
Robert E. Sanders (PA)
Robert A. Sherry (PA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2000-7918; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-
21711; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions are 
effective as of January 27, 2016 and will expire on January 27, 2018.
    As of January 28, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (74 FR 
60022; 75 FR 4623; 77 FR 543; 78 FR 76707):

James J. Coffield (NM)
Roy E. Crayne (WA)
James A. Dubay (MI)
Donald E. Halvorson (NM)
Roger D. Kool (IA)
Phillip J.C. Locke (CO)
Brian T. Nelson (MN)
Christopher M. Rivera (NM)
Robert E. Whitney (IL)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2009-0303. Their exemptions are effective as of January 28, 
2016 and will expire on January 28, 2018.
    As of January 29, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 21 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (78 FR 
67454; 79 FR 4803):

Calvin J. Barbour (NY)
Martin D. Bellcour (WI)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Mark A. Farnsley (IN)
Michael L. Fiamingo (PA)
Kenric J. Fields (DE)
Randall Hjelmtveit (MN)
Randy G. Kinney (IL)
Hector Marquez (TX)
Dennis R. Martinez (NM)
Fred A. Miller, Jr. (CA)
Joseph K. Parley (WI)
Robert L. Pearson (GA)
Ryan R. Ross (SC)
Troy M. Ruhlman (PA)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
David R. Webb, Jr. (IL)
Wesley A. Willis (NJ)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2013-0170. Their exemptions are effective as of January 29, 
2016 and will expire on January 29, 2018.
    Each of the 120 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 January 25, 2016.
    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 120 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.

[[Page 80446]]

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-1999-6156; FMCSA-
2000-7918; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24783; 
FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653; FMCSA-2007-27897; 
FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2011-0142; 
FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299; 
FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; 
FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; 
FMCSA-2013-0169; FMCSA-2013-0170 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-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-2003-15268; 
FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; 
FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653; 
FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082; 
FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298; 
FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; 
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; 
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

    Issued on: December 17, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-32362 Filed 12-23-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                           80443

                                                  Airports Development Office, ASW–                       under FOR FURTHER INFORMATION                         2006–25246; FMCSA–2007–0017;
                                                  630J, 10101 Hillwood Parkway, Fort                      CONTACT.                                              FMCSA–2007–26653; FMCSA–2007–
                                                  Worth, Texas 76177.                                       Issued in Fort Worth, Texas on October 27,          27897; FMCSA–2009–0154; FMCSA–
                                                    The request to release this airport may               2015.                                                 2009–0303; FMCSA–2010–0082;
                                                  be reviewed in person at this same                      Ignacio Flores,                                       FMCSA–2011–0142; FMCSA–2011–
                                                  location.                                               Manager, Airports Division, Southwest                 0189; FMCSA–2011–0275; FMCSA–
                                                  SUPPLEMENTARY INFORMATION: The FAA                      Region.                                               2011–0298; FMCSA–2011–0299;
                                                  invites public comment on the request                   [FR Doc. 2015–32459 Filed 12–23–15; 8:45 am]
                                                                                                                                                                FMCSA–2011–26690; FMCSA–2013–
                                                  to release Lake Murray State Park                                                                             0027; FMCSA–2013–0029; FMCSA–
                                                                                                          BILLING CODE 4910–13–P
                                                  Airport at Lake Murray State Park in                                                                          2013–0030; FMCSA–2013–0165;
                                                  Ardmore, Oklahoma, from all federal                                                                           FMCSA–2013–0166; FMCSA–2013–
                                                  obligations for the purposes of closing                 DEPARTMENT OF TRANSPORTATION                          0167; FMCSA–2013–0168; FMCSA–
                                                  this airport under the provisions of                                                                          2013–0169; FMCSA–2013–0170], using
                                                  Section 125 of the Wendell H. Ford                      Federal Motor Carrier Safety                          any of the following methods:
                                                  Aviation Investment and Reform Act for                  Administration                                          • Federal eRulemaking Portal: Go to
                                                  the 21st Century (AIR 21).                                                                                    http://www.regulations.gov. Follow the
                                                                                                          [Docket No. FMCSA–1999–6156; FMCSA–                   on-line instructions for submitting
                                                    The following is a brief overview of                  2000–7918; FMCSA–2001–10578; FMCSA–
                                                  the request:                                            2003–15268; FMCSA–2003–15892; FMCSA–
                                                                                                                                                                comments.
                                                                                                                                                                  • Mail: Docket Management Facility;
                                                    The Oklahoma Department of                            2005–21711; FMCSA–2005–22194; FMCSA–
                                                                                                          2005–22727; FMCSA–2006–24783; FMCSA–                  U.S. Department of Transportation, 1200
                                                  Tourism and the Oklahoma Aeronautics
                                                                                                          2006–25246; FMCSA–2007–0017; FMCSA–                   New Jersey Avenue SE., West Building
                                                  Commission (co-sponsors) requested the
                                                                                                          2007–26653; FMCSA–2007–27897; FMCSA–                  Ground Floor, Room W12–140,
                                                  release of the airport which consists of
                                                                                                          2009–0154; FMCSA–2009–0303; FMCSA–                    Washington, DC 20590–0001.
                                                  61.53 acres, paved runway (2,500 feet ×                 2010–0082; FMCSA–2011–0142; FMCSA–                      • Hand Delivery or Courier: West
                                                  48 feet), connecting taxiway (160 feet ×                2011–0189; FMCSA–2011–0275; FMCSA–                    Building Ground Floor, Room W12–140,
                                                  35 feet) and apron (300 feet × 115 feet).               2011–0298; FMCSA–2011–0299; FMCSA–                    1200 New Jersey Avenue SE.,
                                                  The land was acquired by the State of                   2011–26690; FMCSA–2013–0027; FMCSA–                   Washington, DC, between 9 a.m. and 5
                                                  Oklahoma for use as the Lake Murray                     2013–0029; FMCSA–2013–0030; FMCSA–
                                                                                                                                                                p.m., Monday through Friday, except
                                                  State Park through an appropriation of                  2013–0165; FMCSA–2013–0166; FMCSA–
                                                                                                          2013–0167; FMCSA–2013–0168; FMCSA–                    Federal Holidays.
                                                  state funds to the Planning and                                                                                 • Fax: 1–202–493–2251.
                                                  Resources Board in the 1930’s. The                      2013–0169; FMCSA–2013–0170]
                                                                                                                                                                  Instructions: Each submission must
                                                  airport was constructed in 1963 with an                 Qualification of Drivers; Exemption                   include the Agency name and the
                                                  FAA Grant in the amount of $45,823.76.                  Applications; Vision                                  docket number for this notice. Note that
                                                  The airport has very low demand with                                                                          DOT posts all comments received
                                                  only 50 operations for the 12 months                    AGENCY: Federal Motor Carrier Safety                  without change to http://
                                                  ending Sept 20, 2013, has no based                      Administration (FMCSA), DOT.                          www.regulations.gov, including any
                                                  aircraft, and has been designated as                    ACTION: Notice of renewal of                          personal information included in a
                                                  ‘unclassified’ by the FAA ASSET report.                 exemptions; request for comments.                     comment. Please see the Privacy Act
                                                  There are four other NPIAS airports                                                                           heading below.
                                                  within a 25 mile radius which better                    SUMMARY:   FMCSA announces its
                                                                                                                                                                  Docket: For access to the docket to
                                                  meet aviation needs of this area. Lake                  decision to renew the exemptions from
                                                                                                                                                                read background documents or
                                                  Murray State Park Airport’s pavements                   the vision requirement in the Federal
                                                                                                                                                                comments, go to http://
                                                  are in fair condition; however, within                  Motor Carrier Safety Regulations for 120
                                                                                                                                                                www.regulations.gov at any time or
                                                  the next five years, the runway will                    individuals. FMCSA has statutory
                                                                                                                                                                Room W12–140 on the ground level of
                                                  need to be reconstructed with an                        authority to exempt individuals from
                                                                                                                                                                the West Building, 1200 New Jersey
                                                  estimated cost to rehabilitate and                      the vision requirement if the
                                                                                                                                                                Avenue SE., Washington, DC, between 9
                                                  improve to FAA standards of                             exemptions granted will not
                                                                                                                                                                a.m. and 5 p.m., Monday through
                                                  $1,083,000. The State has concluded                     compromise safety. The Agency has
                                                                                                                                                                Friday, except Federal holidays. The
                                                  this is not a prudent expenditure and                   concluded that granting these
                                                                                                                                                                Federal Docket Management System
                                                  that these limited funds would be better                exemption renewals will provide a level
                                                                                                                                                                (FDMS) is available 24 hours each day,
                                                  invested in other public use airports in                of safety that is equivalent to or greater
                                                                                                                                                                365 days each year. If you want
                                                  Oklahoma. As the airport owners, the                    than the level of safety maintained
                                                                                                                                                                acknowledgment that we received your
                                                  Oklahoma Department of Tourism and                      without the exemptions for these
                                                                                                                                                                comments, please include a self-
                                                  the Oklahoma Aeronautics Commission                     commercial motor vehicle (CMV)
                                                                                                                                                                addressed, stamped envelope or
                                                  (OAC) have requested a full release of                  drivers.
                                                                                                                                                                postcard or print the acknowledgement
                                                  their airport obligations. If released, the             DATES: Each group of renewed                          page that appears after submitting
                                                  airport property will return to being part              exemptions are effective from the dates               comments on-line.
                                                  of Lake Murray State Park, and the                      stated in the discussions below.                        Privacy Act: Anyone may search the
                                                  property will be allowed to become part                 Comments must be received on or                       electronic form of all comments
                                                  of the natural grassland. The OAC plans                 before January 25, 2016.                              received into any of our dockets by the
                                                  to invest state funds equal to or in                    ADDRESSES: You may submit comments                    name of the individual submitting the
                                                  excess of the sum of the amount of the
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                                                                                                          bearing the Federal Docket Management                 comment (or of the person signing the
                                                  four AIP grants received ($183,999.00)                  System (FDMS) numbers: Docket No.                     comment, if submitted on behalf of an
                                                  and the appraised value for the land                    [Docket No. FMCSA–1999–6156;                          association, business, labor union, etc.).
                                                  ($136,896) in NPIAS Airports in the                     FMCSA–2000–7918; FMCSA–2001–                          You may review DOT’s Privacy Act
                                                  Oklahoma Airport System during the                      10578; FMCSA–2003–15268; FMCSA–                       Statement for the Federal Docket
                                                  federal fiscal year 2016.                               2003–15892; FMCSA–2005–21711;                         Management System (FDMS) published
                                                    Any person may inspect the request                    FMCSA–2005–22194; FMCSA–2005–                         in the Federal Register on January 17,
                                                  in person at the FAA office listed above                22727; FMCSA–2006–24783; FMCSA–                       2008 (73 FR 3316).


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                                                  80444                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  FOR FURTHER INFORMATION CONTACT:                        exemption would not be consistent with                Gerald L. Pagan (NC)
                                                  Christine A. Hydock, Chief, Medical                     the goals and objectives of 49 U.S.C.                 Daniel F. Perez (CA)
                                                  Programs Division, Medical Programs                     31136(e) and 31315.                                   Robert G. Rascicot (FL)
                                                  Division, 202–366–4001,                                                                                       Michael J. Robinson (WV)
                                                                                                          Basis for Renewing Exemptions                         Glen M. Schulz (IA)
                                                  fmcsamedical@dot.gov, FMCSA,
                                                  Department of Transportation, 1200                        Under 49 U.S.C. 31315(b)(1), an                     Levi A. Shetler (OH)
                                                  New Jersey Avenue SE., Room W64–                        exemption may be granted for no longer                Herbert W. Smith (WV)
                                                  224, Washington, DC 20590–0001.                         than two years from its approval date                 Juan E. Sotero (FL)
                                                  Office hours are from 8:30 a.m. to 5 p.m.               and may be renewed upon application                   James A. Spell (MD)
                                                                                                          for additional two year periods. The                  Timothy R. Steckman (IL)
                                                  Monday through Friday, except Federal
                                                                                                                                                                Paul D. Stoddard (NY)
                                                  holidays.                                               following group(s) of drivers will
                                                                                                                                                                Harry J. Stoever, Jr. (NJ)
                                                  SUPPLEMENTARY INFORMATION:                              receive renewed exemptions effective in               Eric Taniguchi (HI)
                                                                                                          the month of January and are discussed                Benny R. Toothman (PA)
                                                  Background                                              below.                                                Stephen H. Ward (MO)
                                                     Under 49 U.S.C. 31136(e) and 31315,                    As of January 3, 2016, and in
                                                                                                                                                                   The drivers were included in one of
                                                  FMCSA may renew an exemption from                       accordance with 49 U.S.C. 31136(e) and
                                                                                                                                                                the following dockets: Docket Nos.
                                                  the vision requirements in 49 CFR                       31315, the following 41 individuals
                                                                                                                                                                FMCSA–1999–6156; FMCSA–2001–
                                                  391.41(b)(10), which applies to drivers                 have satisfied the conditions for
                                                                                                                                                                10578; FMCSA–2005–22194; FMCSA–
                                                  of CMVs in interstate commerce, for a                   obtaining a renewed exemption from the
                                                                                                                                                                2006–24783; FMCSA–2006–25246;
                                                  two-year period if it finds ‘‘such                      vision requirements (64 FR 54948; 65
                                                                                                                                                                FMCSA–2007–26653; FMCSA–2007–
                                                  exemption would likely achieve a level                  FR 159; 66 FR 53826; 66 FR 66966; 66
                                                                                                                                                                27897; FMCSA–2009–0154; FMCSA–
                                                  of safety that is equivalent to or greater              FR 66969; 68 FR 69432; 68 FR 69434;
                                                  than the level that would be achieved                                                                         2010–0082; FMCSA–2011–0142;
                                                                                                          70 FR 53412; 70 FR 57353; 70 FR 72689;
                                                  absent such exemption.’’ The                                                                                  FMCSA–2011–0189; FMCSA–2011–
                                                                                                          70 FR 74102; 71 FR 32183; 71 FR 41310;
                                                  procedures for requesting an exemption                                                                        26690; FMCSA–2013–0027; FMCSA–
                                                                                                          71 FR 644; 72 FR 180; 72 FR 8417; 72
                                                  (including renewals) are set out in 49                                                                        2013–0029; FMCSA–2013–0030;
                                                                                                          FR 9397; 72 FR 36099; 72 FR 39879; 72
                                                  CFR part 381.                                                                                                 FMCSA–2013–0165; FMCSA–2013–
                                                                                                          FR 52419; 72 FR 62897; 72 FR 71995;
                                                                                                                                                                0166; FMCSA–2013–0168; FMCSA–
                                                  Exemption Decision                                      73 FR 60398; 74 FR 8302; 74 FR 34394;
                                                                                                                                                                2013–0169. Their exemptions are
                                                                                                          74 FR 37295; 74 FR 41971; 74 FR 48343;
                                                     This notice addresses 120 individuals                                                                      effective as of January 3, 2016 and will
                                                                                                          74 FR 60021; 74 FR 65847; 75 FR 25917;
                                                  who have requested renewal of their                                                                           expire on January 3, 2018.
                                                                                                          75 FR 39727; 76 FR 12216; 76 FR 34135;                   As of January 5, 2016 and in
                                                  exemptions in accordance with FMCSA                     76 FR 49528; 76 FR 53708; 76 FR 54530;
                                                  procedures. FMCSA has evaluated these                                                                         accordance with 49 U.S.C. 31136(e) and
                                                                                                          76 FR 55465; 76 FR 61143; 76 FR 64169;                31315, the following 3 individuals have
                                                  120 applications for renewal on their                   76 FR 64171; 76 FR 67246; 76 FR 70210;
                                                  merits and decided to extend each                                                                             satisfied the conditions for obtaining a
                                                                                                          76 FR 70212; 76 FR 75942; 76 FR 75943;                renewed exemption from the vision
                                                  exemption for a renewable two-year                      76 FR 79760; 78 FR 24798; 78 FR 34143;
                                                  period. Each individual is identified                                                                         requirements (76 FR 70213; 77 FR 541;
                                                                                                          78 FR 41975; 78 FR 46407; 78 FR 47818;                78 FR 74223):
                                                  according to the renewal date.                          78 FR 52602; 78 FR 56986; 78 FR 62935;
                                                     The exemptions are extended subject                                                                        Michael P. Eisenreich (MN)
                                                                                                          78 FR 63302; 78 FR 63307; 78 FR 64274;
                                                  to the following conditions: (1) That                                                                         John T. Thor (MN)
                                                                                                          78 FR 65032; 78 FR 66099; 78 FR 67452;                George G. Ulferts, Jr. (IA)
                                                  each individual has a physical
                                                                                                          78 FR 67460; 78 FR 76395; 78 FR 76705;
                                                  examination every year (a) by an                                                                                 The drivers were included in one of
                                                                                                          78 FR 77778; 78 FR 77780; 78 FR 77782;
                                                  ophthalmologist or optometrist who                                                                            the following dockets: Docket No.
                                                                                                          78 FR 78477):
                                                  attests that the vision in the better eye                                                                     FMCSA–2011–0298. Their exemptions
                                                  continues to meet the requirements in                   Terry L. Baker (KY)                                   are effective as of January 5, 2016 and
                                                  49 CFR 391.41(b)(10), and (b) by a                      Woodrow E. Bohley (MO)
                                                                                                                                                                will expire on January 5, 2018.
                                                  medical examiner who attests that the                   Jason W. Bowers (OR)                                     As of January 8, 2016, and in
                                                  individual is otherwise physically                      Scott Brady (FL)
                                                                                                                                                                accordance with 49 U.S.C. 31136(e) and
                                                  qualified under 49 CFR 391.41; (2) that                 Kenneth E. Bross (MO)
                                                                                                                                                                31315, the following 10 individuals
                                                  each individual provides a copy of the                  Junior Chavarria (NM)
                                                                                                          William Chisley (MD)                                  have satisfied the conditions for
                                                  ophthalmologist’s or optometrist’s                                                                            obtaining a renewed exemption from the
                                                                                                          Walter F. Crean, III (CT)
                                                  report to the medical examiner at the                                                                         vision requirements (72 FR 67340; 73
                                                                                                          Terry D. Elliott (TN)
                                                  time of the annual medical examination;                                                                       FR 1395; 74 FR 65845; 76 FR 78728; 78
                                                                                                          Ronnie J. Fieck (WI)
                                                  and (3) that each individual provide a                  Frederick E. Foster (VA)                              FR 76704):
                                                  copy of the annual medical certification                Gerald W. Fox (PA)                                    Richard D. Becotte (NH)
                                                  to the employer for retention in the                    Raymond L. Herman (NY)                                Wayne A. Burnett (NC)
                                                  driver’s qualification file and retains a               Wesley V. Holland (NC)                                Boleslaw Makowski (WI)
                                                  copy of the certification on his/her                    Darryl H. Johnson (WV)                                Charles M. Moore (TX)
                                                  person while driving for presentation to                Carol Kelly (IN)                                      Gary T. Murray (GA)
                                                  a duly authorized Federal, State, or local              Martin D. Keough (NY)                                 Anthony D. Ovitt (VT)
                                                  enforcement official. Each exemption                    Richard H. Kind (WA)                                  Martin Postma (IL)
                                                                                                                                                                Steven S. Reinsvold (WI)
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                                                  will be valid for two years unless                      Eric L. Kinner (NY)
                                                  rescinded earlier by FMCSA. The                         Volga Kirkwood (MO)                                   George E. Todd (WV)
                                                  exemption will be rescinded if: (1) The                 Richard L. Loeffelholz (WI)                           Bradley A. Weiser (OH)
                                                  person fails to comply with the terms                   Stanley B. Marshall (GA)                                 The drivers were included in one of
                                                  and conditions of the exemption; (2) the                Herman C. Mash (NC)                                   the following dockets: Docket No.
                                                  exemption has resulted in a lower level                 James McCleary (OH)                                   FMCSA–2007–0017. Their exemptions
                                                  of safety than was maintained before it                 Humberto Mendoza (TX)                                 are effective as of January 8, 2016 and
                                                  was granted; or (3) continuation of the                 Marvin L. Motes (FL)                                  will expire on January 8, 2018.


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                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                           80445

                                                    As of January 9, 2016, and in                         68 FR 52811; 68 FR 61860; 70 FR 41811;                Dennis R. Martinez (NM)
                                                  accordance with 49 U.S.C. 31136(e) and                  70 FR 48797; 70 FR 48798; 70 FR 48799;                Fred A. Miller, Jr. (CA)
                                                  31315, the following individual, Juan R.                70 FR 48800; 70 FR 48801; 70 FR 57353;                Joseph K. Parley (WI)
                                                  Andrade (TX), has satisfied the                         70 FR 61165; 70 FR 71884; 70 FR 72689;                Robert L. Pearson (GA)
                                                  conditions for obtaining a renewed                      71 FR 4632; 72 FR 52422; 72 FR 58359;                 Ryan R. Ross (SC)
                                                  exemption from the vision requirements                  72 FR 62897; 73 FR 1395; 73 FR 5259;                  Troy M. Ruhlman (PA)
                                                  (78 FR 64271; 79 FR 2748).                              74 FR 60021; 74 FR 64124; 74 FR 65845;                Hershel D. Volentine (LA)
                                                                                                                                                                Gary D. Vollertsen (CO)
                                                    The driver was included in the                        75 FR 1451; 77 FR 545; 78 FR 78475):
                                                                                                                                                                David R. Webb, Jr. (IL)
                                                  following docket: Docket No. FMCSA–                     Arthur L. Bousema (CA)                                Wesley A. Willis (NJ)
                                                  2013–0167. The exemption is effective                   Norman E. Braden (CO)
                                                  as of January 9, 2016 and will expire on                                                                        The drivers were included in one of
                                                                                                          Matthew W. Daggs (MO)                                 the following dockets: Docket No.
                                                  January 9, 2018.                                        Donald R. Date, Jr. (MD)
                                                    As of January 15, 2016, and in                                                                              FMCSA–2013–0170. Their exemptions
                                                                                                          Gordon R. Fritz (WI)
                                                  accordance with 49 U.S.C. 31136(e) and                                                                        are effective as of January 29, 2016 and
                                                                                                          Ronald K. Fultz (KY)
                                                  31315, the following 15 individuals                                                                           will expire on January 29, 2018.
                                                                                                          John E. Kimmet, Jr. (WA)
                                                                                                                                                                  Each of the 120 applicants listed in
                                                  have satisfied the conditions for                       Robert C. Leathers (MO)
                                                                                                                                                                the groups above has requested renewal
                                                  obtaining a renewed exemption from the                  Jason L. Light (ID)
                                                                                                                                                                of the exemption and has submitted
                                                  vision requirements (78 FR 64271; 79                    Kenneth R. Murphy (WA)
                                                                                                          Michael J. Richard (LA)                               evidence showing that the vision in the
                                                  FR 2748):
                                                                                                          Robert E. Sanders (PA)                                better eye continues to meet the
                                                  Ronald C. Ashley (GA)                                                                                         requirement specified at 49 CFR
                                                  Miguel A. Calderon (CA)                                 Robert A. Sherry (PA)
                                                                                                                                                                391.41(b)(10) and that the vision
                                                  Terry L. Cliffe (IL)                                      The drivers were included in one of                 impairment is stable. In addition, a
                                                  Andrew S. Durward (IL)                                  the following dockets: Docket No.                     review of each record of safety while
                                                  James P. Fitzgerald (MA)                                FMCSA–2000–7918; FMCSA–2003–                          driving with the respective vision
                                                  Louis E. Henry, Jr. (KY)                                15268; FMCSA–2003–15892; FMCSA–                       deficiencies over the past two years
                                                  Adam S. Larson (CO)                                     2005–21711; FMCSA–2005–22194;                         indicates each applicant continues to
                                                  Sally A. Leavitt (NV)                                   FMCSA–2005–22727. Their exemptions                    meet the vision exemption
                                                  Glenn H. Lewis (OH)                                     are effective as of January 27, 2016 and
                                                  Leonardo Lopez (NE)                                                                                           requirements.
                                                                                                          will expire on January 27, 2018.                        These factors provide an adequate
                                                  Larry P. Magrath (MN)                                     As of January 28, 2016, and in                      basis for predicting each driver’s ability
                                                  Richard J. Pauxtis (OR)                                 accordance with 49 U.S.C. 31136(e) and
                                                  Johnny L. Powell (MD)                                                                                         to continue to drive safely in interstate
                                                                                                          31315, the following 9 individuals have               commerce. Therefore, FMCSA
                                                  Roy A. Whitaker (TX)                                    satisfied the conditions for obtaining a
                                                  Sammy D. Wynn (GA)                                                                                            concludes that extending the exemption
                                                                                                          renewed exemption from the vision                     for each renewal applicant for a period
                                                    The drivers were included in one of                   requirements (74 FR 60022; 75 FR 4623;                of two years is likely to achieve a level
                                                  the following dockets: Docket No.                       77 FR 543; 78 FR 76707):                              of safety equal to that existing without
                                                  FMCSA–2013–0167. Their exemptions                       James J. Coffield (NM)                                the exemption.
                                                  are effective as of January 15, 2016 and                Roy E. Crayne (WA)
                                                  will expire on January 15, 2018.                        James A. Dubay (MI)                                   Request for Comments
                                                    As of January 24, 2016, and in                        Donald E. Halvorson (NM)                                 FMCSA will review comments
                                                  accordance with 49 U.S.C. 31136(e) and                  Roger D. Kool (IA)                                    received at any time concerning a
                                                  31315, the following 7 individuals have                 Phillip J.C. Locke (CO)                               particular driver’s safety record and
                                                  satisfied the conditions for obtaining a                Brian T. Nelson (MN)                                  determine if the continuation of the
                                                  renewed exemption from the vision                       Christopher M. Rivera (NM)                            exemption is consistent with the
                                                  requirements (76 FR 64164; 76 FR                        Robert E. Whitney (IL)                                requirements at 49 U.S.C. 31136(e) and
                                                  70213; 76 FR 73769; 77 FR 541; 77 FR                      The drivers were included in one of                 31315. However, FMCSA requests that
                                                  3547; 79 FR 2247):                                      the following dockets: Docket No.                     interested parties with specific data
                                                  Adam O. Carson (MS)                                     FMCSA–2009–0303. Their exemptions                     concerning the safety records of these
                                                  Marion J. Coleman, Jr. (KY)                             are effective as of January 28, 2016 and              drivers submit comments by January 25,
                                                  Lex A. Fabrizio (UT)                                    will expire on January 28, 2018.                      2016.
                                                  Mark A. Ferris (IA)                                       As of January 29, 2016, and in                         FMCSA believes that the
                                                  Roger W. Hammack (AL)                                   accordance with 49 U.S.C. 31136(e) and                requirements for a renewal of an
                                                  Herman Martinez (NM)                                    31315, the following 21 individuals                   exemption under 49 U.S.C. 31136(e) and
                                                  Gilford J. Whittle (GA)                                 have satisfied the conditions for                     31315 can be satisfied by initially
                                                    The drivers were included in one of                   obtaining a renewed exemption from the                granting the renewal and then
                                                  the following dockets: Docket No.                       vision requirements (78 FR 67454; 79                  requesting and evaluating, if needed,
                                                  FMCSA–2011–0275; FMCSA–2011–                            FR 4803):                                             subsequent comments submitted by
                                                  0298; FMCSA–2011–0299. Their                            Calvin J. Barbour (NY)                                interested parties. As indicated above,
                                                  exemptions are effective as of January                  Martin D. Bellcour (WI)                               the Agency previously published
                                                  24, 2016 and will expire on January 24,                 Walter A. Breeze (OH)                                 notices of final disposition announcing
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                                                  2018.                                                   Donald G. Carstensen (IA)                             its decision to exempt these 120
                                                    As of January 27, 2016, and in                        Jamie D. Daniels (IA)                                 individuals from the vision requirement
                                                  accordance with 49 U.S.C. 31136(e) and                  Mark A. Farnsley (IN)                                 in 49 CFR 391.41(b)(10). The final
                                                  31315, the following 13 individuals                     Michael L. Fiamingo (PA)                              decision to grant an exemption to each
                                                  have satisfied the conditions for                       Kenric J. Fields (DE)                                 of these individuals was made on the
                                                  obtaining a renewed exemption from the                  Randall Hjelmtveit (MN)                               merits of each case and made only after
                                                  vision requirements (65 FR 66286; 66                    Randy G. Kinney (IL)                                  careful consideration of the comments
                                                  FR 13825; 68 FR 10300; 68 FR 37197;                     Hector Marquez (TX)                                   received to its notices of applications.


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                                                  80446                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  The notices of applications stated in                   like to know that they reached the                    number of driver positions, effective in
                                                  detail the qualifications, experience,                  facility, please enclose a stamped, self-             calendar year 2016. The FMCSA
                                                  and medical condition of each applicant                 addressed postcard or envelope.                       Administrator has the discretion to
                                                  for an exemption from the vision                           We will consider all comments and                  decrease the minimum annual random
                                                  requirements. That information is                       material received during the comment                  testing percentage rate based on the
                                                  available by consulting the above cited                 period and may change this proposed                   reported positive random test rate for
                                                  Federal Register publications.                          rule based on your comments. FMCSA                    the entire motor carrier industry. Based
                                                    Interested parties or organizations                   may issue a final rule at any time after              on the controlled substances random
                                                  possessing information that would                       the close of the comment period.                      test data in FMCSA’s Management
                                                  otherwise show that any, or all, of these                                                                     Information System (MIS) for calendar
                                                  drivers are not currently achieving the                 Viewing Comments and Documents
                                                                                                                                                                years 2011, 2012, and 2013, the positive
                                                  statutory level of safety should                          To view comments, as well as any                    rate for controlled substances random
                                                  immediately notify FMCSA. The                           documents mentioned in this preamble,                 testing fell below the 1.0 percent
                                                  Agency will evaluate any adverse                        To submit your comment online, go to                  threshold for 3 consecutive calendar
                                                  evidence submitted and, if safety is                    http://www.regulations.gov and in the                 years. As a result, the Agency will lower
                                                  being compromised or if continuation of                 search box insert the docket number                   the controlled substances minimum
                                                  the exemption would not be consistent                   FMCSA–1999–6156; FMCSA–2000–                          annual percentage rate for random
                                                  with the goals and objectives of 49                     7918; FMCSA–2001–10578; FMCSA–                        controlled substances testing to 25
                                                  U.S.C. 31136(e) and 31315, FMCSA will                   2003–15268; FMCSA–2003–15892;                         percent of the average number of driver
                                                  take immediate steps to revoke the                      FMCSA–2005–21711; FMCSA–2005–                         positions. In accordance with 49 CFR
                                                  exemption of a driver.                                  22194; FMCSA–2005–22727; FMCSA–                       382.305(e)(2) if, in the future, the
                                                                                                          2006–24783; FMCSA–2006–25246;                         reported positive rate for any calendar
                                                  Submitting Comments
                                                                                                          FMCSA–2007–0017; FMCSA–2007–                          year is equal to or greater than 1.0
                                                     You may submit your comments and                     26653; FMCSA–2007–27897; FMCSA–                       percent, the FMCSA Administrator will
                                                  material online or by fax, mail, or hand                2009–0154; FMCSA–2009–0303;                           increase the minimum annual
                                                  delivery, but please use only one of                    FMCSA–2010–0082; FMCSA–2011–                          percentage rate for random controlled
                                                  these means. FMCSA recommends that                      0142; FMCSA–2011–0189; FMCSA–                         substances testing to 50 percent of all
                                                  you include your name and a mailing                     2011–0275; FMCSA–2011–0298;                           driver positions.
                                                  address, an email address, or a phone                   FMCSA–2011–0299; FMCSA–2011–
                                                  number in the body of your document                                                                           DATES: Effective January 1, 2016, the
                                                                                                          26690; FMCSA–2013–0027; FMCSA–                        minimum annual percentage rate for
                                                  so that FMCSA can contact you if there                  2013–0029; FMCSA–2013–0030;
                                                  are questions regarding your                                                                                  random controlled substances testing,
                                                                                                          FMCSA–2013–0165; FMCSA–2013–                          for drivers of commercial motor vehicles
                                                  submission.                                             0166; FMCSA–2013–0167; FMCSA–
                                                     To submit your comment online, go to                                                                       (CMVs) requiring a commercial driver’s
                                                                                                          2013–0168; FMCSA–2013–0169;                           license (CDL), will be 25 percent.
                                                  http://www.regulations.gov and in the                   FMCSA–2013–0170 and click ‘‘Search.’’
                                                  search box insert the docket numbers                                                                          FOR FURTHER INFORMATION CONTACT: For
                                                                                                          Next, click ‘‘Open Docket Folder’’ and
                                                  FMCSA–1999–6156; FMCSA–2000–                                                                                  information concerning this notice,
                                                                                                          you will find all documents and
                                                  7918; FMCSA–2001–10578; FMCSA–                                                                                contact Mr. Juan Moya, Drug and
                                                                                                          comments related to the proposed
                                                  2003–15268; FMCSA–2003–15892;                                                                                 Alcohol Program Manager, Compliance
                                                                                                          rulemaking.
                                                  FMCSA–2005–21711; FMCSA–2005–                                                                                 Division, Federal Motor Carrier Safety
                                                  22194; FMCSA–2005–22727; FMCSA–                           Issued on: December 17, 2015.                       Administration, 1200 New Jersey
                                                  2006–24783; FMCSA–2006–25246;                           Larry W. Minor,                                       Avenue SE., Washington, DC 20590,
                                                  FMCSA–2007–0017; FMCSA–2007–                            Associate Administrator for Policy.                   202–366–4844 or
                                                  26653; FMCSA–2007–27897; FMCSA–                         [FR Doc. 2015–32362 Filed 12–23–15; 8:45 am]          fmcsadrugandalcohol@dot.gov.
                                                  2009–0154; FMCSA–2009–0303;                             BILLING CODE 4910–EX–P                                SUPPLEMENTARY INFORMATION:
                                                  FMCSA–2010–0082; FMCSA–2011–
                                                  0142; FMCSA–2011–0189; FMCSA–                                                                                 Background
                                                  2011–0275; FMCSA–2011–0298;                             DEPARTMENT OF TRANSPORTATION                            The final rule titled, ‘‘Controlled
                                                  FMCSA–2011–0299; FMCSA–2011–                                                                                  Substances and Alcohol Use and
                                                  26690; FMCSA–2013–0027; FMCSA–                          Federal Motor Carrier Safety                          Testing,’’ published August 17, 2001,
                                                  2013–0029; FMCSA–2013–0030;                             Administration                                        (66 FR 43097), established the process
                                                  FMCSA–2013–0165; FMCSA–2013–                                                                                  by which the Agency determines
                                                  0166; FMCSA–2013–0167; FMCSA–                           Annual Random Controlled                              whether the minimum annual
                                                  2013–0168; FMCSA–2013–0169;                             Substances Testing Percentage Rate                    percentage rate for random controlled
                                                  FMCSA–2013–0170 and click the search                    for Calendar Year 2016                                substances testing should be increased
                                                  button. When the new screen appears,                    AGENCY: Federal Motor Carrier Safety                  or decreased. The final rule included a
                                                  click on the blue ‘‘Comment Now!’’                      Administration (FMCSA), DOT.                          provision indicating that the decision
                                                  button on the right hand side of the                    ACTION: Notice of program change.                     on whether to increase or decrease the
                                                  page. On the new page, enter                                                                                  percentage rate would be based upon
                                                  information required including the                      SUMMARY:   The FMCSA announces,                       the motor carrier industry’s overall
                                                  specific section of this document to                    pursuant to 49 CFR 382.305, that it is                positive random controlled substance
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  which each comment applies, and                         reducing the minimum annual                           test rate, as reported by motor carrier
                                                  provide a reason for each suggestion or                 percentage rate for random controlled                 employers to FMCSA, pursuant to 49
                                                  recommendation. If you submit your                      substances testing for drivers of                     CFR 382.403. Under this performance-
                                                  comments by mail or hand delivery,                      commercial motor vehicles (CMVs)                      based system, the testing rate was
                                                  submit them in an unbound format, no                    requiring a commercial driver’s license               initially set at 50 percent. The FMCSA
                                                  larger than 81⁄2 by 11 inches, suitable for             (CDL) from the current rate of 50                     Administrator may, at his or her
                                                  copying and electronic filing. If you                   percent of the average number of driver               discretion, lower the minimum annual
                                                  submit comments by mail and would                       positions to 25 percent of the average                random controlled substances testing


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Document Created: 2015-12-24 02:25:13
Document Modified: 2015-12-24 02:25:13
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 January 25, 2016.
ContactChristine A. Hydock, Chief, Medical Programs Division, 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 Citation80 FR 80443 

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