81 FR 20433 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 67 (April 7, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 67 (April 7, 2016)
| Page Range | 20433-20435 | |
| FR Document | 2016-08059 |
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)] [Notices] [Pages 20433-20435] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08059] [[Page 20433]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2001-11426; FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174] 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 91 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 May 9, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2001- 11426; FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA- 2005-22727; FMCSA-2005-23099; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA- 2009-0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0140; FMCSA- 2011-0141; FMCSA-2011-0325; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA- 2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA- 2013-0174], using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, 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 91 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 91 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 March and are discussed below. As of March 2, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 27 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (70 FR 71884; 71 [[Page 20434]] FR 4632; 73 FR 5259; 74 FR 43217; 74 FR 57551; 74 FR 65842; 75 FR 1451; 75 FR 9482; 76 FR 37169; 76 FR 50318; 76 FR 53710; 76 FR 75942; 76 FR 75943; v77 FR 539; 77 FR 545; 77 FR 10604; 77 FR 10608; 77 FR 10604; 78 FR 63302; 78 FR 64271; 78 FR 64274; 79 FR 10619): John P. Bails (IA) Donald J. Bierwirth, Jr. (CT) Lester E. Burns (NM) Cris D. Bush (TN) Bruce A. Cameron (ND) Billy C. Chenault (NM) Eugene Contreras (NM) Jim L. Davis (NM) Eric DeFrancesco (PA) David E. Evans (NC) Jason L. Hoovan (UT) Amos W. Hulsey (AL) Brandon C. Koopman (NE) Curtis M. Lawless (VA) Norman V. Myers (WA) Millard F. Neace II (WV) William E. Norris (NC) Paul D. Prillaman (VA) Richard E. Purvenas, Jr. (DE) Scott Randol (MO) Mark C. Reineke (NM) Miguel A. Sanchez (NM) Tigran Semerjyan (CA) Lawrence D. Ventimiglia (NV) James Vickery (KY) Norman J. Watson (NC) Reginald J. Wuethrich (IL) The drivers were included in one of the following dockets: Docket Nos. FMCSA-2005-22727; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2011- 0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2013-0167; FMCSA-2013- 0168; FMCSA-2013-0169; FMCSA-2013-0170. Their exemptions are effective as of March 2, 2016 and will expire on March 2, 2018. As of March 5, 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 (68 FR 74699; 69 FR 10503; 70 FR 57353; 70 FR 72689; 71 FR 6829; 72 FR 39879; 72 FR 52419; 72 FR 62897; 73 FR 8392; 74 FR 64124; 75 FR 8184; 77 FR 7233; 79 FR 10602): Lee A. Burke (WI) Barton C. Caldara (WI) Allan Darley (UT) Richard Hailey, Jr. (DC) Robert V. Hodges (IL) John R. Knott, III (MD) Timothy S. Miller (AZ) Edward D. Pickle (GA) Robert L. Thies (IN) James T. Wortham, Jr. (GA) The drivers were included in one of the following dockets: Docket No. FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2007-27897. Their exemptions are effective as of March 5, 2016 and will expire on March 5, 2018. As of March 7, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 6 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (77 FR 3552; 77 FR 13691; 79 FR 12565): Richard P. Frederiksen (WY) Samuel V. Holder (IL) Dennis J. Lessard (IN) Jerry L. Pettijohn (OK) Jake F. Richter (KS) Robert J. Townsley (VA) The drivers were included in one of the following dockets: Docket No. FMCSA-2011-0365. Their exemptions are effective as of March 7, 2016 and will expire on March 7, 2018. As of March 13, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 20 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 1908; 79 FR 14333): Jeffrey A. Benoit (VT) Norvan D. Brown (IA) Jackie K. Curlin (KY) Justin W. Demarchi (OH) Gary A. Goostree (OH) Jimmey C. Harris (TX) David G. Henry (TX) Rogelio C. Hernandez (CA) Michael J. Hoskins (KS) Zion Irizarry (NV) Mohamed H. Issak (KS) Juan J. Luna (CA) Robert Mollicone (FL) Christopher D. Moore (NC) Elmore Nicholson, Jr. (AL) James C. Paschal, Jr. (GA) Harold D. Pressley (TX) Jason C. Sadler (KY) Robert Schick (PA) Michael O. Thomas (NC) The drivers were included in one of the following dockets: Docket No. FMCSA-2013-0174. Their exemptions are effective as of March 13, 2016 and will expire on March 13, 2018. As of March 15, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (67 FR 68719; 68 FR 2629; 70 FR 7545; 71 FR 4194; 71 FR 13450; 72 FR 39879; 72 FR 40362; 72 FR 52419; 73 FR 9158; 74 FR 43217; 74 FR 57551; 74 FR 64124; 74 FR 65842; 75 FR 1451): Gene Bartlett, Jr. (VT) Ronald D. Boeve (MI) Daniel M. Cannon (OR) Wayne H. Holt (UT) Billy R. Jeffries (WV) Guy A. Lanham (FL) Oscar N. Lefferts (AL) Willie L. Parks (CA) Bradley S. Sanders (NM) Gary N. Wilson (UT) William B. Wilson (KY) The drivers were included in one of the following dockets: Docket No. FMCSA-2002-12844; FMCSA-2005-23099; FMCSA-2007-27897; FMCSA-2009- 0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0365. Their exemptions are effective as of March 15, 2016 and will expire on March 15, 2018. As of March 23, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 6 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (67 FR 10471; 67 FR 19798; 69 FR 26206; 77 FR 5874; 77 FR 17117; 79 FR 13085): Paul R. Barron (MO) Eugenio V. Bermudez (MA) Johnny Dillard (SC) Edward M. Jurek (NY) Glenn R. Theis (MN) Peter A. Troyan (MI) The drivers were included in one of the following dockets: Docket No. FMCSA-2001-11426; FMCSA-2011-0366. Their exemptions are effective as of March 23, 2016 and will expire on March 23, 2018. As of March 31, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (68 FR 74699; 69 FR 10503; 71 FR 6829; 73 FR 6242; 73 FR 8392; 73 FR 16950; 75 FR 8184; 75 FR 9477; 77 FR 7723; 77 FR 13689; 79 FR 14331): Alberto Blanco (NC) Charles W. Cox (AR) Gary W. Ellis (NC) Robin S. England (GA) W. R. Goold (AZ) K. L. Guse (OH) Steven W. Halsey (MO) John C. Henricks (OH) Thomas M. Leadbitter (PA) Jonathan P. Lovel (IL) Kent S. Reining (IL) The drivers were included in one of the following dockets: Docket No. FMCSA-2003-16564; FMCSA-2007-0071. Their exemptions are effective as of March 31, 2016 and will expire on March 31, 2018. Each of the 91 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 [[Page 20435]] 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 May 9, 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 91 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket numbers FMCSA-2001-11426; FMCSA- 2002-12844; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174 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-2001-11426; FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Issued on: March 31, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-08059 Filed 4-6-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices 20433
DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, exemption would likely achieve a level
Washington, DC 20590–0001. of safety that is equivalent to or greater
Federal Motor Carrier Safety • Hand Delivery or Courier: West than the level that would be achieved
Administration Building Ground Floor, Room W12–140, absent such exemption.’’ The
[Docket No. FMCSA–2001–11426; FMCSA– 1200 New Jersey Avenue SE., procedures for requesting an exemption
2002–12844; FMCSA–2003–16564; FMCSA– Washington, DC, between 9 a.m. and 5 (including renewals) are set out in 49
2005–22194; FMCSA–2005–22727; FMCSA– p.m., Monday through Friday, except CFR part 381.
2005–23099; FMCSA–2007–0071; FMCSA– Federal Holidays. Exemption Decision
2007–27897; FMCSA–2009–0206; FMCSA– • Fax: 1–202–493–2251.
2009–0291; FMCSA–2009–0321; FMCSA– Instructions: Each submission must This notice addresses 91 individuals
2011–0140; FMCSA–2011–0141; FMCSA– include the Agency name and the who have requested renewal of their
2011–0325; FMCSA–2011–0365; FMCSA– docket number for this notice. Note that exemptions in accordance with FMCSA
2011–0366; FMCSA–2013–0167; FMCSA– procedures. FMCSA has evaluated these
DOT posts all comments received
2013–0168; FMCSA–2013–0169; FMCSA– 91 applications for renewal on their
2013–0170; FMCSA–2013–0174] without change to http://
www.regulations.gov, including any merits and decided to extend each
personal information included in a exemption for a renewable two-year
Qualification of Drivers; Exemption
comment. Please see the Privacy Act period. Each individual is identified
Applications; Vision
heading below. according to the renewal date.
AGENCY: Federal Motor Carrier Safety Docket: For access to the docket to The exemptions are extended subject
Administration (FMCSA), DOT. read background documents or to the following conditions: (1) That
ACTION: Notice of renewal of comments, go to http:// each individual has a physical
exemptions; request for comments. www.regulations.gov at any time or examination every year (a) by an
Room W12–140 on the ground level of ophthalmologist or optometrist who
SUMMARY: FMCSA announces its the West Building, 1200 New Jersey attests that the vision in the better eye
decision to renew the exemptions from Avenue SE., Washington, DC, between 9 continues to meet the requirements in
the vision requirement in the Federal a.m. and 5 p.m., Monday through 49 CFR 391.41(b)(10), and (b) by a
Motor Carrier Safety Regulations for 91 Friday, except Federal holidays. The medical examiner who attests that the
individuals. FMCSA has statutory Federal Docket Management System individual is otherwise physically
authority to exempt individuals from qualified under 49 CFR 391.41; (2) that
(FDMS) is available 24 hours each day,
the vision requirement if the each individual provides a copy of the
365 days each year. If you want
exemptions granted will not ophthalmologist’s or optometrist’s
acknowledgment that we received your
compromise safety. The Agency has report to the medical examiner at the
comments, please include a self-
concluded that granting these time of the annual medical examination;
addressed, stamped envelope or
exemption renewals will provide a level and (3) that each individual provide a
postcard or print the acknowledgement
of safety that is equivalent to or greater copy of the annual medical certification
page that appears after submitting
than the level of safety maintained to the employer for retention in the
comments on-line.
without the exemptions for these Privacy Act: Anyone may search the driver’s qualification file and retains a
commercial motor vehicle (CMV) electronic form of all comments copy of the certification on his/her
drivers. received into any of our dockets by the person while driving for presentation to
name of the individual submitting the a duly authorized Federal, State, or local
DATES: Each group of renewed enforcement official. Each exemption
exemptions are effective from the dates comment (or of the person signing the
comment, if submitted on behalf of an will be valid for two years unless
stated in the discussions below. rescinded earlier by FMCSA. The
Comments must be received on or association, business, labor union, etc.).
You may review DOT’s Privacy Act exemption will be rescinded if: (1) The
before May 9, 2016. person fails to comply with the terms
ADDRESSES: You may submit comments Statement for the Federal Docket
Management System (FDMS) published and conditions of the exemption; (2) the
bearing the Federal Docket Management exemption has resulted in a lower level
System (FDMS) numbers: Docket No. in the Federal Register on January 17,
2008 (73 FR 3316). of safety than was maintained before it
[Docket No. FMCSA–2001–11426; was granted; or (3) continuation of the
FMCSA–2002–12844; FMCSA–2003– FOR FURTHER INFORMATION CONTACT: exemption would not be consistent with
16564; FMCSA–2005–22194; FMCSA– Christine A. Hydock, Chief, Medical the goals and objectives of 49 U.S.C.
2005–22727; FMCSA–2005–23099; Programs Division, Medical Programs 31136(e) and 31315.
FMCSA–2007–0071; FMCSA–2007– Division, 202–366–4001,
27897; FMCSA–2009–0206; FMCSA– fmcsamedical@dot.gov, FMCSA, Basis for Renewing Exemptions
2009–0291; FMCSA–2009–0321; Department of Transportation, 1200 Under 49 U.S.C. 31315(b)(1), an
FMCSA–2011–0140; FMCSA–2011– New Jersey Avenue SE., Room W64– exemption may be granted for no longer
0141; FMCSA–2011–0325; FMCSA– 224, Washington, DC 20590–0001. than two years from its approval date
2011–0365; FMCSA–2011–0366; Office hours are from 8:30 a.m. to 5 p.m. and may be renewed upon application
FMCSA–2013–0167; FMCSA–2013– Monday through Friday, except Federal for additional two year periods. The
0168; FMCSA–2013–0169; FMCSA– holidays. following group(s) of drivers will
2013–0170; FMCSA–2013–0174], using SUPPLEMENTARY INFORMATION: receive renewed exemptions effective in
mstockstill on DSK4VPTVN1PROD with NOTICES
any of the following methods: the month of March and are discussed
• Federal eRulemaking Portal: Go to Background
below.
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, As of March 2, 2016, and in
on-line instructions for submitting FMCSA may renew an exemption from accordance with 49 U.S.C. 31136(e) and
comments. the vision requirements in 49 CFR 31315, the following 27 individuals
• Mail: Docket Management Facility; 391.41(b)(10), which applies to drivers have satisfied the conditions for
U.S. Department of Transportation, 1200 of CMVs in interstate commerce, for a obtaining a renewed exemption from the
New Jersey Avenue SE., West Building two-year period if it finds ‘‘such vision requirements (70 FR 71884; 71
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![Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices 20435
requirement specified at 49 CFR take immediate steps to revoke the FMCSA–2011–0366; FMCSA–2013–
391.41(b)(10) and that the vision exemption of a driver. 0167; FMCSA–2013–0168; FMCSA–
impairment is stable. In addition, a 2013–0169; FMCSA–2013–0170;
Submitting Comments
review of each record of safety while FMCSA–2013–0174 and click ‘‘Search.’’
driving with the respective vision You may submit your comments and Next, click ‘‘Open Docket Folder’’ and
deficiencies over the past two years material online or by fax, mail, or hand you will find all documents and
indicates each applicant continues to delivery, but please use only one of comments related to the proposed
meet the vision exemption these means. FMCSA recommends that rulemaking.
requirements. you include your name and a mailing
Issued on: March 31, 2016.
These factors provide an adequate address, an email address, or a phone
number in the body of your document Larry W. Minor,
basis for predicting each driver’s ability Associate Administrator for Policy.
to continue to drive safely in interstate so that FMCSA can contact you if there
commerce. Therefore, FMCSA are questions regarding your [FR Doc. 2016–08059 Filed 4–6–16; 8:45 am]
concludes that extending the exemption submission. BILLING CODE 4910–EX–P
To submit your comment online, go to
for each renewal applicant for a period
http://www.regulations.gov and in the
of two years is likely to achieve a level
search box insert the docket numbers DEPARTMENT OF TRANSPORTATION
of safety equal to that existing without
FMCSA–2001–11426; FMCSA–2002–
the exemption. Federal Motor Carrier Safety
12844; FMCSA–2003–16564; FMCSA–
Request for Comments 2005–22194; FMCSA–2005–22727; Administration
FMCSA–2005–23099; FMCSA–2007– [Docket No. FMCSA–1999–5748; FMCSA–
FMCSA will review comments
0071; FMCSA–2007–27897; FMCSA– 1999–6156; FMCSA–1999–6480; FMCSA–
received at any time concerning a
2009–0206; FMCSA–2009–0291; 2001–11426; FMCSA–2003–15892; FMCSA–
particular driver’s safety record and
FMCSA–2009–0321; FMCSA–2011– 2003–16241; FMCSA–2003–16564; FMCSA–
determine if the continuation of the 2005–22194; FMCSA–2005–23099; FMCSA–
0140; FMCSA–2011–0141; FMCSA–
exemption is consistent with the 2011–0325; FMCSA–2011–0365; 2005–23238; FMCSA–2006–23773; FMCSA–
requirements at 49 U.S.C. 31136(e) and FMCSA–2011–0366; FMCSA–2013– 2007–0071; FMCSA–2007–28695; FMCSA–
31315. However, FMCSA requests that 0167; FMCSA–2013–0168; FMCSA– 2008–0231; FMCSA–2009–0011; FMCSA–
interested parties with specific data 2013–0169; FMCSA–2013–0170;
2009–0086; FMCSA–2009–0154; FMCSA–
concerning the safety records of these 2009–0291; FMCSA–2009–0321; FMCSA–
FMCSA–2013–0174 and click the search 2011–0299; FMCSA–2011–0324; FMCSA–
drivers submit comments by May 9, button. When the new screen appears,
2016. 2011–0365; FMCSA–2011–0366; FMCSA–
click on the blue ‘‘Comment Now!’’ 2011–0378; FMCSA–2013–0170; FMCSA–
FMCSA believes that the button on the right hand side of the 2014–0002]
requirements for a renewal of an page. On the new page, enter
exemption under 49 U.S.C. 31136(e) and information required including the Qualification of Drivers; Exemption
31315 can be satisfied by initially specific section of this document to Applications; Vision
granting the renewal and then which each comment applies, and
requesting and evaluating, if needed, AGENCY: Federal Motor Carrier Safety
provide a reason for each suggestion or Administration (FMCSA), DOT.
subsequent comments submitted by recommendation. If you submit your
interested parties. As indicated above, ACTION: Notice of renewal of
comments by mail or hand delivery,
the Agency previously published exemptions; request for comments.
submit them in an unbound format, no
notices of final disposition announcing larger than 81⁄2 by 11 inches, suitable for
its decision to exempt these 91 SUMMARY: FMCSA announces its
copying and electronic filing. If you decision to renew the exemptions from
individuals from the vision requirement submit comments by mail and would
in 49 CFR 391.41(b)(10). The final the vision requirement in the Federal
like to know that they reached the Motor Carrier Safety Regulations for 87
decision to grant an exemption to each facility, please enclose a stamped, self-
of these individuals was made on the individuals. FMCSA has statutory
addressed postcard or envelope. authority to exempt individuals from
merits of each case and made only after We will consider all comments and
careful consideration of the comments the vision requirement if the
material received during the comment exemptions granted will not
received to its notices of applications. period and may change this proposed
The notices of applications stated in compromise safety. The Agency has
rule based on your comments. FMCSA concluded that granting these
detail the qualifications, experience, may issue a final rule at any time after
and medical condition of each applicant exemption renewals will provide a level
the close of the comment period. of safety that is equivalent to or greater
for an exemption from the vision
requirements. That information is Viewing Comments and Documents than the level of safety maintained
available by consulting the above cited without the exemptions for these
To view comments, as well as any
Federal Register publications. commercial motor vehicle (CMV)
documents mentioned in this preamble,
drivers.
Interested parties or organizations To submit your comment online, go to
possessing information that would http://www.regulations.gov and in the DATES: Each group of renewed
otherwise show that any, or all, of these search box insert the docket number exemptions are effective from the dates
drivers are not currently achieving the FMCSA–2001–11426; FMCSA–2002– stated in the discussions below.
Comments must be received on or
mstockstill on DSK4VPTVN1PROD with NOTICES
statutory level of safety should 12844; FMCSA–2003–16564; FMCSA–
immediately notify FMCSA. The 2005–22194; FMCSA–2005–22727; before May 9, 2016.
Agency will evaluate any adverse FMCSA–2005–23099; FMCSA–2007– ADDRESSES: You may submit comments
evidence submitted and, if safety is 0071; FMCSA–2007–27897; FMCSA– bearing the Federal Docket Management
being compromised or if continuation of 2009–0206; FMCSA–2009–0291; System (FDMS) Numbers: Docket No.
the exemption would not be consistent FMCSA–2009–0321; FMCSA–2011– [Docket No. FMCSA–1999–5748;
with the goals and objectives of 49 0140; FMCSA–2011–0141; FMCSA– FMCSA–1999–6156; FMCSA–1999–
U.S.C. 31136(e) and 31315, FMCSA will 2011–0325; FMCSA–2011–0365; 6480; FMCSA–2001–11426; FMCSA–
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Document Created: 2016-04-06 23:43:59
Document Modified: 2016-04-06 23:43:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before May 9, 2016. | |
| 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. | |
| FR Citation | 81 FR 20433 |
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