80 FR 8751 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 32 (February 18, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 32 (February 18, 2015)
| Page Range | 8751-8753 | |
| FR Document | 2015-03241 |
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)] [Notices] [Pages 8751-8753] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03241] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA- 2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA- 2012-0339] 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 17 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective March 1, 2015. Comments must be received on or before March 20, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006- 25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-2010-0327; FMCSA-2010- 0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0339], 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., [[Page 8752]] Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [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: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. II. Exemption Decision This notice addresses 17 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 17 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Kreis C. Baldridge (TN) Steven J. Clark (GA) Thomas A. Crowell (NC) Michael A. Fouch (NJ) Wilfred J. Gagnon (VT) Ricky G. Jacks (AL) Scott A. Lambertson (MN) Carl A. Lohrbach (OH) Jay C. Naccarato (WA) Jeffrey L. Olson (MN) Gary J. Peterson (IL) Donnie R. Riggs (AL) James E. Savage (NV) Randall S. Surber (WV) Ernest W. Waff (VA) Curtis E. Way (TX) John E. Westbrook (LA) The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (71 FR 63379; 71 FR 63380; 72 FR 180; 72 FR 1050; 72 FR 9397; 73 FR 75803; 73 FR 78422; 74 FR 980; 74 FR 6209; 74 FR 6211; 75 FR 65057; 75 FR 77492; 75 FR 79081; 75 FR 79083; 76 FR 4413; 76 FR 4414; 76 FR 5425; 76 FR 8809; 76 FR 9865; 77 FR 64839; 77 FR 70534; 77 FR 75494; 78 FR 800; 78 FR 1919; 78 FR 9772; 78 FR 11731; 78 FR 12813; 78 FR 12817). Each of these 17 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. IV. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA- 2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA- 2012-0339), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, got to http://www.regulations.gov and put the docket number, ``FMCSA-2006-25246; FMCSA-2006-26066; FMCSA- 2008-0340; FMCSA-2010-0327; FMCSA-2010-0385; FMCSA-2012- [[Page 8753]] 0280; FMCSA-2012-0337; FMCSA-2012-0339'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, ``FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0339'' in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket Folder'' button choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued On: February 6, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-03241 Filed 2-17-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8751
request in the Federal Register (49 CFR windshield wiper sweep, and out of the persons should continue to examine the
381.315(a)). The Agency must provide driver’s sightlines to the road and public docket for new material.
the public with an opportunity to highway signs and signals, to the extent Issued on: February 9, 2015.
inspect the information relevant to the practicable. Larry W. Minor,
application, including any safety
FMCSA Grant of Waiver to VTTI Associate Administrator for Policy.
analyses that have been conducted. The
Agency must also provide an [FR Doc. 2015–03239 Filed 2–17–15; 8:45 am]
Pursuant to 49 U.S.C. 31315(a) and 49
opportunity for public comment on the CFR part 381, subpart B, the FMCSA BILLING CODE 4910–EX–P
request. granted VTTI a 90-day waiver on
The Agency reviews the safety January 26, 2015 to allow the placement
analyses and the public comments and of the DASs at the bottom of DEPARTMENT OF TRANSPORTATION
determines whether granting the windshields on CMVs, outside of the Federal Motor Carrier Safety
exemption would likely achieve a level area permitted by section 393.60 of the Administration
of safety equivalent to or greater than FMCSRs. This waiver is effective from
the level that would be achieved by the January 26, 2015, through April 25, [Docket No. FMCSA–2006–25246; FMCSA–
current regulation (49 CFR 381.305). 2015. Up to 150 DASs will be installed 2006–26066; FMCSA–2008–0340; FMCSA–
The decision of the Agency must be and the affected motor carriers are listed 2010–0327; FMCSA–2010–0385; FMCSA–
published in the Federal Register (49 2012–0280; FMCSA–2012–0337; FMCSA–
as below: 2012–0339]
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for Qualification of Drivers; Exemption
doing so. If the decision is to grant the Applications; Vision
exemption, the notice must specify the 1. USDOT # Crosby Trucking Service Inc.
person or class of persons receiving the 32052. in Mount Sydney VA. AGENCY: Federal Motor Carrier Safety
exemption and the regulatory provision 2. USDOT # Rush Trucking Corporation Administration (FMCSA), DOT.
369138. in Wayne Michigan.
or provisions from which an exemption ACTION: Notice of renewal of
3. USDOT # Kuperus Trucking Inc. in
is granted. The notice must specify the 1977980. Jenison MI. exemptions; request for comments.
effective period of the exemption (up to 4. USDOT # Stagecoach Cartage and
2 years) and explain the terms and 282628. Distribution, LP in El Paso SUMMARY: FMCSA announces its
conditions of the exemption. The TX. decision to renew the exemptions from
exemption may be renewed (49 CFR 5. USDOT # J & M Tank Lines Inc. in Bir- the vision requirement in the Federal
381.315(c) and 49 CFR 381.300(b)). 184405. mingham AL. Motor Carrier Safety Regulations for 17
6. USDOT # P&S Transportation LLC in individuals. FMCSA has statutory
VTTI’s Application for Exemption 1243338. Ensley AL. authority to exempt individuals from
VTTI has applied for an exemption 7. USDOT # Modular Transport Company the vision requirement if the
from 49 CFR 393.60(e)(1) to allow the 75827. in Wyoming MI.
exemptions granted will not
installation of DASs at the bottom of the compromise safety. The Agency has
windshield on CMVs. A copy of the During the waiver period, these motor concluded that granting these
application is included in the docket carriers participating in the NHTSA exemption renewals will provide a level
referenced at the beginning of this research program must ensure that the of safety that is equivalent to or greater
notice. DASs are mounted within three inches than the level of safety maintained
Section 393.60(e)(1) of the FMCSRs of the bottom of the driver side without the exemptions for these
prohibits the obstruction of the driver’s windshield wiper sweep, and out of the commercial motor vehicle (CMV)
field of view by devices mounted at the driver’s sightlines to the road and drivers.
top of the windshield. Antennas, highway signs and signals as much as
transponders and similar devices practicable. Vehicles participating in the DATES: This decision is effective March
(devices) must not be mounted more study must carry a copy of this waiver 1, 2015. Comments must be received on
than 152 mm (6 inches) below the upper in the vehicle. or before March 20, 2015.
edge of the windshield. These devices ADDRESSES: You may submit comments
Request for Comments
must be located outside the area swept bearing the Federal Docket Management
by the windshield wipers and outside In accordance with 49 U.S.C. 31315 System (FDMS) numbers: Docket No.
the driver’s sight lines to the road and and 31136(e), FMCSA requests public [Docket No. FMCSA–2006–25246;
highway signs and signals. comment from all interested persons on FMCSA–2006–26066; FMCSA–2008–
VTTI has applied for the exemption VTTI’s application for an exemption 0340; FMCSA–2010–0327; FMCSA–
because it wants to install DASs in up from 49 CFR 393.60(e)(1). All comments 2010–0385; FMCSA–2012–0280;
to 150 CMVs operating throughout the received before the close of business on FMCSA–2012–0337; FMCSA–2012–
United States in support of research the comment closing date indicated at 0339], using any of the following
being conducted on behalf of NHTSA. the beginning of this notice will be methods:
VTTI contends that it must be able to considered and will be available for • Federal eRulemaking Portal: Go to
mount the DASs lower than allowed examination in the docket at the http://www.regulations.gov. Follow the
under 49 CFR 393.60(e)(1) ‘‘because the location listed under the ADDRESSES on-line instructions for submitting
safety equipment must have a clear section of this notice. Comments comments.
• Mail: Docket Management Facility;
emcdonald on DSK67QTVN1PROD with NOTICES
forward facing view of the road, and low received after the comment closing date
enough to accurately scan facial features will be filed in the public docket and U.S. Department of Transportation, 1200
for detection of impaired driving.’’ will be considered to the extent New Jersey Avenue SE., West Building
VTTI’s mounting preference for the practicable. In addition to late Ground Floor, Room W12–140,
DASs and necessary mounting brackets comments, FMCSA will also continue to Washington, DC 20590–0001.
is at the bottom of the windshield, and file, in the public docket, relevant • Hand Delivery or Courier: West
is best suited for mounting within and/ information that becomes available after Building Ground Floor, Room W12–140,
or below 3 inches of the bottom of the the comment closing date. Interested 1200 New Jersey Avenue SE.,
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0280; FMCSA–2012–0337; FMCSA– track turnout components, the Federal If, however, FTA determines that ‘‘the
2012–0339’’ in the ‘‘Keyword’’ box, and Transit Administration (FTA) hereby steel, iron, and goods produced in the
click ‘‘Search.’’ When the new screen waives its Buy America requirements United States are not produced in a
appears, click on ‘‘Comment Now!’’ for LIRR’s procurement of the following sufficient and reasonably available
button and type your comment into the track turnout components: Schwihag amount or are not of a satisfactory
text box in the following screen. Choose roller assemblies, Schwihag plates, quality,’’ then FTA may issue a waiver
whether you are submitting your ZU1–60 steel switch point rail sections, (non-availability waiver). 49 U.S.C.
comment as an individual or on behalf and movable point frogs. This waiver is 5323(j)(2)(B); 49 CFR 661.7(c).
of a third party and then submit. If you limited to LIRR’s procurement of these On July 31, 2014, LIRR requested a
submit your comments by mail or hand track turnout components for the nine non-availability Buy America waiver for
delivery, submit them in an unbound (9) turnouts that LIRR needs for VHL03 the procurement of four specific track
format, no larger than 81⁄2 by 11 inches, LIRR Stage 3 of the East Side Access turnout components—i.e., Schwihag
suitable for copying and electronic Project and the one (1) turnout that LIRR roller assemblies, Schwihag plates,
filing. If you submit comments by mail needs for VHL04 LIRR Stage 4 of the ZU1–60 steel switch point rail sections,
and would like to know that they East Side Access Project. The turnouts and MPFs—that are needed for the ESA
reached the facility, please enclose a themselves, however, are subject to Project. MTA entered into an FTA Full
stamped, self-addressed postcard or FTA’s Buy America requirements and, Funding Grant Agreement in 2006 to
envelope. FMCSA will consider all accordingly, the turnouts must be build the ESA Project. As described by
comments and material received during manufactured in the United States. LIRR, the ESA Project will extend LIRR
the comment period and may change This Buy America waiver does not commuter rail service from Queens to
this notice based on your comments. apply to the track turnout components the east side of Midtown Manhattan and
for Phase I of LIRR’s Jamaica Capacity will construct a new LIRR Terminal at
Viewing Comments and Documents Improvements Project, and FTA will Grand Central Terminal.
To view comments, as well as any address that waiver request separately. On February 4, 2015, LIRR submitted
documents mentioned in this preamble Moreover, this Buy America waiver a letter to FTA indicating that it has
as being available in the docket, go to does not apply to the track turnout become aware of alternate turnout
http://www.regulations.gov and in the components for the Northeast Corridor designs that may be compatible with
search box insert the docket number, Congestion Relief Project at Harold LIRR’s infrastructure, with some
‘‘FMCSA–2006–25246; FMCSA–2006– Interlocking, which is being addressed modifications, for the ESA Project and
26066; FMCSA–2008–0340; FMCSA– in a separate waiver decision published that may be available from a domestic
2010–0327; FMCSA–2010–0385; by the Federal Railroad Administration source in the future. Accordingly, in its
FMCSA–2012–0280; FMCSA–2012– (FRA), as FRA funds are being used for February 4, 2015 letter, LIRR narrowed
0337; FMCSA–2012–0339’’ in the that project. its waiver request to apply only to
‘‘Keyword’’ box and click ‘‘Search.’’ DATES: This waiver is effective VHL03 LIRR Stage 3 and VHL04 LIRR
Next, click ‘‘Open Docket Folder’’ immediately. Stage 4 of the ESA Project. Specifically,
button choose the document listed to LIRR explained that it critically needs
review. If you do not have access to the FOR FURTHER INFORMATION CONTACT: the Buy America waiver for nine (9)
Internet, you may view the docket Richard L. Wong, FTA Attorney- turnouts that are necessary for VHL03
online by visiting the Docket Advisor, at (202) 366–4011 or LIRR Stage 3 of the ESA Project in order
Management Facility in Room W12–140 Richard.Wong@dot.gov. for LIRR to meet its 2016 installation
on the ground floor of the DOT West SUPPLEMENTARY INFORMATION: The schedule and to thereby avoid delays to
Building, 1200 New Jersey Avenue SE., purpose of this notice is to announce the overall ESA project schedule.
Washington, DC 20590, between 9 a.m. that FTA is granting a non-availability Additionally, LIRR specified that it
and 5 p.m., e.t., Monday through Friday, waiver for LIRR’s procurement of track needs the track turnout components
except Federal holidays. turnout components—i.e., Schwihag waiver so that it may procure one (1)
roller assemblies, Schwihag plates, unique turnout—No. 32.75—for VHL04
Issued On: February 6, 2015.
ZU1–60 steel switch point rail sections, LIRR Stage 4 of the ESA Project.
Larry W. Minor,
and movable point frogs (MPFs)—that LIRR has stated that the foreign-
Associate Administrator for Policy. are needed for VHL03 LIRR Stage 3 and sourced MPFs are essential components
[FR Doc. 2015–03241 Filed 2–17–15; 8:45 am] VHL04 LIRR Stage 4 of the East Side of track turnouts for the following
BILLING CODE 4910–EX–P Access (ESA) Project. operational reasons: (1) turnouts with
With certain exceptions, FTA’s Buy MPFs are necessary to withstand the
America requirements prevent FTA frequent and heavy use by passenger
DEPARTMENT OF TRANSPORTATION from obligating an amount that may be and freight trains traveling along LIRR’s
appropriated to carry out its program for right of way; (2) turnouts with MPFs
Federal Transit Administration
a project unless ‘‘the steel, iron, and allow trains to travel through the
[Docket No. FTA–2014–0025] manufactured goods used in the project turnouts at higher speeds, ultimately
are produced in the United States.’’ 49 providing more throughput during rush
Notice of Buy America Waiver for U.S.C. 5323(j)(1). A manufactured hour; (3) turnouts with MPFs reduce
Track Turnout Components product is considered produced in the impact loading to the turnouts; and (4)
AGENCY: Federal Transit Administration, United States if: (1) All of the turnouts with MPFs provide for less
emcdonald on DSK67QTVN1PROD with NOTICES
DOT. manufacturing processes for the product wear and tear, thereby requiring less
ACTION: Notice of Buy America Waiver. must take place in the United States; overall maintenance, extending the
and (2) All of the components of the useful lives of the turnouts, and
SUMMARY: In response to a request from product must be of U.S. origin. 49 CFR resulting in fewer outages and negative
the Long Island Rail Road Company 661.5(d). A component is considered of impacts on LIRR’s operations.
(LIRR), a subsidiary of the New York U.S. origin if it is manufactured in the Based on previous solicitations,
Metropolitan Transportation Authority United States, regardless of the origin of market research, and manufacturer
(MTA), for a Buy America waiver for its subcomponents. 49 CFR 661.5(d)(2). outreach, as set forth below, LIRR
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Document Created: 2018-02-16 11:10:35
Document Modified: 2018-02-16 11:10:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | This decision is effective March 1, 2015. Comments must be received on or before March 20, 2015. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 8751 |
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