81 FR 11642 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 43 (March 4, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 43 (March 4, 2016)
| Page Range | 11642-11644 | |
| FR Document | 2016-04801 |
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)] [Notices] [Pages 11642-11644] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04801] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0071] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 28 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions were granted December 3, 2015. The exemptions expire on December 3, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/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. 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. II. Background On November 2, 2015, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (80 FR 67472). That notice listed 28 applicants' case histories. The 28 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-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 statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 28 applications on their merits and made a determination to grant exemptions to each of them. III. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive [[Page 11643]] safely. The 28 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, cataract, central scotoma, chorioretinal scar, complete loss of vision, detached retina, esotropia, macular degeneration, myopic degeneration, ocular aneurysm, optic nerve atrophy, optic nerve coloboma, optic neuropathy, prosthetic eye, refractive amblyopia, and retinal detachment. In most cases, their eye conditions were not recently developed. Sixteen of the applicants were either born with their vision impairments or have had them since childhood. The 12 individuals that sustained their vision conditions as adults have had it for a range of 6 to 25 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor's opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors' opinions are supported by the applicants' possession of valid commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or non-CDL, these 28 drivers have been authorized to drive a CMV in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. They have driven CMVs with their limited vision in careers ranging for 3 to 43 years. In the past three years, no drivers were involved in crashes, and 2 drivers were convicted of moving violations in CMVs. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the November 2, 2015 notice (80 FR 67472). IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, our analysis focuses on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting him or her to driving in intrastate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered the medical reports about the applicants' vision as well as their driving records and experience with the vision deficiency. To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA-1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrate the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors--such as age, sex, geographic location, mileage driven and conviction history--are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ``Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,'' Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 28 applicants, no drivers were involved in crashes, and 2 drivers were convicted of moving violations in CMVs. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants' ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants' intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 28 applicants [[Page 11644]] listed in the notice of November 2, 2015 (80 FR 67472). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 28 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency's vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement 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 provide 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, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the 28 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): Bruce D. Amundson (IA) Terry M. Baldwin (PA) Gene B. Clyde, Jr. (NY) Joseph Coelho Jr. (RI) Levi R. Coutcher (WA) Leonard H. Culbertson (GA) Craig L. Dawson, Sr. (OH) Jason R. Gast (MO) Nirmal S. Gill (CA) Robert C. Green, Jr. (PA) Stanley Grubb (KY) Louis M. Hankins (IL) Nathan H. Jacobs (NM) Danny L. Keplinger (VA) Kimber S. Krushinski (NY) Carmelo Lana (NJ) Keith A. Lang (TX) Nathan D. Langham (IL) Michael S. Lewis (NC) Hector J. Lopez (NC) John V. Narretto, Jr. (LA) Branden J. Ramos (CA) Sonny Scott (OH) Jarrod R. Seirer (KS) Vince A. Thompson (OR) Daniel R. Viscaya (NC) Carlos Vives, Jr. (NJ) Otis H. Wright, Jr. (MD) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked 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 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: February 24, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-04801 Filed 3-3-16; 8:45 am] BILLING CODE 4910-EX-P
![11642 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
downloaded from the project Web site (Catalog of Federal Domestic Assistance Docket: For access to the docket to
at: http://southcapitoleis.com/ Program Number 20.205, Highway Planning read background documents or
documents/. and Construction. The regulations comments, go to http://
This notice applies to other Federal implementing Executive Order 12372 www.regulations.gov and/or Room
regarding intergovernmental consultation on
agency decisions as of the issuance date W12–140 on the ground level of the
Federal programs and activities apply to this
of this notice and all laws under which program.) West Building, 1200 New Jersey Avenue
actions were taken including, but not SE., Washington, DC, between 9 a.m.
limited to: Authority: 23 U.S.C. 139(l)(1). and 5 p.m., Monday through Friday,
1. General: National Environmental Issued on: February 23, 2016. except Federal holidays.
Policy Act (NEPA) [42 U.S.C. 4321– Privacy Act: In accordance with 5
Joseph C. Lawson,
4347]; Federal-Aid Highway Act [23 U.S.C. 553(c), DOT solicits comments
U.S.C. 109 and 23 U.S.C.128]. Division Administrator, District of Columbia. from the public to better inform its
2. Council on Environmental Quality [FR Doc. 2016–04546 Filed 3–3–16; 8:45 am] rulemaking process. DOT posts these
(CEQ) regulations (40 CFR parts 1500– BILLING CODE 4910–22–P comments, without edit, including any
1508), FHWA Code of Federal personal information the commenter
Regulations (23 CFR 771.101–771.137, provides, to www.regulations.gov, as
et seq.). DEPARTMENT OF TRANSPORTATION described in the system of records
3. Air: Clean Air Act, 42 U.S.C. 7401– notice (DOT/ALL–14 FDMS), which can
7671(q). Federal Motor Carrier Safety
be reviewed at www.dot.gov/privacy.
4. Land: Section 4(f) of the Administration
Department of Transportation Act of II. Background
[Docket No. FMCSA–2015–0071]
1966 [23 U.S.C. 138 and 49 U.S.C. 303]. On November 2, 2015, FMCSA
5. Wildlife: Endangered Species Act Qualification of Drivers; Exemption published a notice of receipt of
[16 U.S.C. 1531–1544 and Section Applications; Vision exemption applications from certain
1536], Marine Mammal Protection Act individuals, and requested comments
AGENCY: Federal Motor Carrier Safety
[16 U.S.C. 1361], Anadromous Fish from the public (80 FR 67472). That
Administration (FMCSA), DOT.
Conservation Act [16 U.S.C. 757(a)– notice listed 28 applicants’ case
757(g)], Fish and Wildlife Coordination ACTION: Notice of final disposition.
histories. The 28 individuals applied for
Act [16 U.S.C. 661–667(d)], Migratory SUMMARY: FMCSA announces its exemptions from the vision requirement
Bird Treaty Act [16 U.S.C. 703–712]. decision to exempt 28 individuals from in 49 CFR 391.41(b)(10), for drivers who
6. Historic and Cultural Resources: the vision requirement in the Federal operate CMVs in interstate commerce.
Section 106 of the National Historic Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315,
Preservation Act of 1966, as amended (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2-
[16 U.S.C. 470(f) et seq.]; Archeological vision requirement in one eye for year period if it finds ‘‘such exemption
Resources Protection Act of 1977 [16 various reasons. The exemptions will would likely achieve a level of safety
U.S.C. 470(aa)–II]; Archeological and enable these individuals to operate that is equivalent to or greater than the
Historic Preservation Act [16 U.S.C. commercial motor vehicles (CMVs) in level that would be achieved absent
469–469(c)]; Native American Grave interstate commerce without meeting such exemption.’’ The statute also
Protection and Repatriation Act the prescribed vision requirement in allows the Agency to renew exemptions
(NAGPRA) [25 U.S.C. 3001–3013]. one eye. The Agency has concluded that at the end of the 2-year period.
7. Social and Economic: Title VI of Accordingly, FMCSA has evaluated the
granting these exemptions will provide
the Civil Rights Act of 1964 [42 U.S.C. 28 applications on their merits and
a level of safety that is equivalent to or
2000(d)–2000(d)(1)]. made a determination to grant
greater than the level of safety
8. Wetlands and Water Resources: exemptions to each of them.
maintained without the exemptions for
Safe Drinking Water Act (SDWA), 42
these CMV drivers. III. Vision and Driving Experience of
U.S.C. 300(f)–300(j); TEA–21 Wetlands
Mitigation, 23 U.S.C. 103(b)(6)(m); Land DATES: The exemptions were granted the Applicants
and Water Conservation Fund (LWCF), December 3, 2015. The exemptions The vision requirement in the
16 U.S.C. 4601–4604. expire on December 3, 2017. FMCSRs provides:
9. Hazardous Materials: FOR FURTHER INFORMATION CONTACT: A person is physically qualified to
Comprehensive Environmental Christine A. Hydock, Chief, Medical drive a commercial motor vehicle if that
Response, Compensation, and Liability Programs Division, (202) 366–4001, person has distant visual acuity of at
Act (CERCLA), 42 U.S.C. 9601–9675. fmcsamedical@dot.gov, FMCSA, least 20/40 (Snellen) in each eye
10. Executive Orders: E.O. 11990 Department of Transportation, 1200 without corrective lenses or visual
Protection of Wetlands; E.O. 11988 New Jersey Avenue SE., Room W64– acuity separately corrected to 20/40
Floodplain Management; E.O. 12898, 113, Washington, DC 20590–0001. (Snellen) or better with corrective
Federal Actions to Address Office hours are 8:30 a.m. to 5 p.m., e.t., lenses, distant binocular acuity of a least
Environmental Justice in Minority Monday through Friday, except Federal 20/40 (Snellen) in both eyes with or
Populations and Low Income holidays. If you have questions without corrective lenses, field of vision
Populations; E.O. 11593 Protection and regarding viewing or submitting of at least 70° in the horizontal meridian
Enhancement of Cultural Resources; material to the docket, contact Docket in each eye, and the ability to recognize
E.O. 11514 Protection and Enhancement Services, telephone (202) 366–9826.
jstallworth on DSK7TPTVN1PROD with NOTICES
the colors of traffic signals and devices
of Environmental Quality. SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR
11. Provisions of Safe Accountable 391.41(b)(10)).
Flexible Efficient Transportation Equity I. Electronic Access FMCSA recognizes that some drivers
Act: A Legacy for Users (SAFETEA–LU) You may see all the comments online do not meet the vision requirement but
and the Moving Ahead for Progress in through the Federal Document have adapted their driving to
the 21st Century Act (MAP–21), which Management System (FDMS) at http:// accommodate their vision limitation
replaced SAFETEA–LU on July 6, 2012. www.regulations.gov. and demonstrated their ability to drive
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![11644 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
listed in the notice of November 2, 2015 Hector J. Lopez (NC) SUPPLEMENTARY INFORMATION:
(80 FR 67472). John V. Narretto, Jr. (LA) I. Overview: Pursuant to 49 U.S.C.
We recognize that the vision of an Branden J. Ramos (CA) 30118(d) and 30120(h) (see
applicant may change and affect his/her Sonny Scott (OH) implementing rule at 49 CFR part 556),
ability to operate a CMV as safely as in Jarrod R. Seirer (KS) Cooper submitted a petition for an
the past. As a condition of the Vince A. Thompson (OR) exemption from the notification and
exemption, therefore, FMCSA will Daniel R. Viscaya (NC) remedy requirements of 49 U.S.C.
Carlos Vives, Jr. (NJ)
impose requirements on the 28 Otis H. Wright, Jr. (MD) Chapter 301 on the basis that this
individuals consistent with the noncompliance is inconsequential to
In accordance with 49 U.S.C. 31136(e)
grandfathering provisions applied to motor vehicle safety.
and 31315, each exemption will be valid Notice of receipt of Cooper’s petition
drivers who participated in the
for 2 years unless revoked earlier by was published, with a 30-day public
Agency’s vision waiver program.
FMCSA. The exemption will be revoked comment period, on October 22, 2015 in
Those requirements are found at 49
if: (1) The person fails to comply with the Federal Register (80 FR 64057). No
CFR 391.64(b) and include the
the terms and conditions of the comments were received. To view the
following: (1) That each individual be
exemption; (2) the exemption has petition and all supporting documents
physically examined every year (a) by
resulted in a lower level of safety than log onto the Federal Docket
an ophthalmologist or optometrist who
was maintained before it was granted; or
attests that the vision in the better eye Management System (FDMS) Web site
(3) continuation of the exemption would
continues to meet the requirement in 49 at: http://www.regulations.gov/. Then
not be consistent with the goals and
CFR 391.41(b)(10) and (b) by a medical follow the online search instructions to
objectives of 49 U.S.C. 31136 and 31315.
examiner who attests that the individual If the exemption is still effective at the locate docket number ‘‘NHTSA–2015–
is otherwise physically qualified under end of the 2-year period, the person may 0091.’’
49 CFR 391.41; (2) that each individual II. Tires Involved: Affected are
apply to FMCSA for a renewal under
provide a copy of the ophthalmologist’s approximately 1,350 Cooper Weather-
procedures in effect at that time.
or optometrist’s report to the medical Master S/T2 size 215/70R15 tires
examiner at the time of the annual Issued on: February 24, 2016. manufactured between April 26, 2015
medical examination; and (3) that each Larry W. Minor, and May 29, 2015.
individual provide a copy of the annual Associate Administrator for Policy. III. Noncompliance: Cooper explains
medical certification to the employer for [FR Doc. 2016–04801 Filed 3–3–16; 8:45 am] that the noncompliance is that the
retention in the driver’s qualification BILLING CODE 4910–EX–P inboard sidewalls of the subject tires are
file, or keep a copy in his/her driver’s labeled with an incorrect manufacturer’s
qualification file if he/she is self- identification mark and therefore do not
employed. The driver must have a copy DEPARTMENT OF TRANSPORTATION fully meet all applicable requirements of
of the certification when driving, for paragraph S5.5.1(b) of FMVSS No. 139.
presentation to a duly authorized National Highway Traffic Safety Specifically, the tires are labeled with
Administration manufacturer’s identification mark
Federal, State, or local enforcement
official. [Docket No. NHTSA–2015–0091; Notice 2] ‘‘U8’’ instead of ‘‘U9.’’
IV. Rule Text: Paragraph S5.5.1 of
V. Discussion of Comments Cooper Tire & Rubber Company, Grant FMVSS No. 139 requires in pertinent
FMCSA received no comments in this of Petition for Decision of part:
proceeding. Inconsequential Noncompliance S5.5.1 Tire Identification Number.
IV. Conclusion AGENCY: National Highway Traffic . . .
Safety Administration (NHTSA), (b) Tires manufactured on or after
Based upon its evaluation of the 28 September 1, 2009. Each tire must be labeled
Department of Transportation (DOT).
exemption applications, FMCSA with the tire identification number required
exempts the following drivers from the ACTION: Grant of petition.
by 49 CFR part 574 on the intended outboard
vision requirement in 49 CFR SUMMARY: Cooper Tire & Rubber sidewall of the tire. Except for retreaded tires,
391.41(b)(10), subject to the either the tire identification number or a
Company (Cooper), has determined that
requirements cited above (49 CFR partial tire identification number, containing
certain Cooper tires do not fully comply all characters in the tire identification
391.64(b)): with paragraph S5.5.1(b) of Federal number, except for the date code and, at the
Bruce D. Amundson (IA) Motor Vehicle Safety Standard (FMVSS) discretion of the manufacturer, any optional
Terry M. Baldwin (PA) No. 139, New Pneumatic Tires Radial code, must be labeled on the other sidewall
Gene B. Clyde, Jr. (NY) Tires for Light Vehicles. Cooper filed a of the tire. Except for retreaded tires, if a tire
Joseph Coelho Jr. (RI) report dated August 13, 2015, pursuant does not have an intended outboard sidewall,
Levi R. Coutcher (WA) to 49 CFR part 573, Defect and the tire must be labeled with the tire
Leonard H. Culbertson (GA) Noncompliance Responsibility and identification number required by 49 CFR
Craig L. Dawson, Sr. (OH) part 574 on one sidewall and with either the
Reports. Cooper then petitioned NHTSA
Jason R. Gast (MO) tire identification number or a partial tire
under 49 CFR part 556 requesting a identification number, containing all
Nirmal S. Gill (CA) decision that the subject noncompliance
Robert C. Green, Jr. (PA) characters in the tire identification number
is inconsequential to motor vehicle except for the date code and, at the discretion
Stanley Grubb (KY) safety. of the manufacturer, any optional code, on
jstallworth on DSK7TPTVN1PROD with NOTICES
Louis M. Hankins (IL)
ADDRESSES: For further information on the other side wall.
Nathan H. Jacobs (NM)
Danny L. Keplinger (VA) this decision contact Abraham Diaz, V. Summary of Cooper’s Petition:
Kimber S. Krushinski (NY) Office of Vehicle Safety Compliance, the Cooper states its belief that the subject
Carmelo Lana (NJ) National Highway Traffic Safety noncompliance is inconsequential to
Keith A. Lang (TX) Administration (NHTSA), telephone motor vehicle safety because while the
Nathan D. Langham (IL) (202) 366–5310, facsimile (202) 366– subject tires contain an incorrect
Michael S. Lewis (NC) 5930. manufacturer’s identification mark on
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Document Created: 2018-02-02 15:05:36
Document Modified: 2018-02-02 15:05:36
| 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 final disposition. | |
| Dates | The exemptions were granted December 3, 2015. The exemptions expire on December 3, 2017. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 11642 |
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