81_FR_28227 81 FR 28138 - Qualification of Drivers; Exemption Applications; Vision

81 FR 28138 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range28138-28140
FR Document2016-10797

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 43 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 81 Issue 89 (Monday, May 9, 2016)
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28138-28140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10797]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-
2005-23099; FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-
2009-0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-
2012-0040; FMCSA-2012-0104; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-
2014-0003; FMCSA-2014-0004; FMCSA-2014-0005]


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 
43 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 
June 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Numbers: Docket No. [Docket No. FMCSA-1999-
6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2007-
0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2010-
0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-
0104; FMCSA-2012-0340; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-
0003; FMCSA-2014-0004; FMCSA-2014-0005], 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 43 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 43 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 June 
and are discussed below.
    As of June 3, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the

[[Page 28139]]

following 34 individuals have satisfied the conditions for obtaining a 
renewed exemption from the vision requirements (64 FR 68195; 65 FR 
20251; 65 FR 45817; 65 FR 77066; 67 FR 17102; 67 FR 38311; 68 FR 1654; 
69 FR 17263; 69 FR 17267; 69 FR 26921; 69 FR 31447; 70 FR 7545; 71 FR 
4194; 71 FR 13450; 71 FR 16410; 71 FR 27033; 73 FR 6242; 73 FR 9158; 73 
FR 11989; 73 FR 16950; 73 FR 28186; 74 FR 60022; 74 FR 65842; 75 FR 
4623; 75 FR 9477; 75 FR 9480; 75 FR 9482; 75 FR 9484; 75 FR 14656; 75 
FR 22176; 75 FR 27623; 75 FR 28682; 77 FR 10604; 77 FR 10606; 77 FR 
13689; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17109; 77 FR 27845; 
77 FR 27849; 77 FR 27850; 77 FR 29447; 79 FR 1908; 79 FR 10606; 79 FR 
10619; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17642; 
79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22003; 79 FR 27043; 79 FR 
28588; 79 FR 29498):

Thomas R. Abbott (TN)
Dean R. Allen (OR)
Robert J. Ambrose (MA)
Rodney R. Anderson (PA)
Ernie E. Black (NC)
Gary O. Brady (WV)
Marland L. Brassfield (TX)
Larry D. Buchanan (NM)
Michael B. Canedy (MN)
Melvin D. Clark (GA)
Dean E. Dexter (SD)
Scott E. Elliot (NH)
Rojelio Garcia-Pena (MI)
Grant G. Gibson (MN)
Stephen H. Goldcamp (OH)
Wai F. King (IL)
Eric W. Kopmann (MO)
Dennis E. Krone (IL)
George E. Lewis (OH)
Travis J. Luce (MI)
Phillip D. Mathys (OH)
Thomas J. Mavraganis (IL)
Richard J. McKenzie, Jr. (MD)
Christopher J. Meerten (OR)
Jason T. Montoya (NM)
Michael Pace (TX)
Tommy L. Ray, Jr. (AL)
George S. Rayson (OH)
Joe A. Root (MN)
Carl D. Short (MO)
Lewis H. West, Jr. (MA)
Donald G. Wilcox (OR)
David E. Williford (NC)
Jimmy S. Zamora, Jr. (TX)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-
23099; FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-
0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2013-
0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004. Their 
exemptions are effective as of June 3, 2016 and will expire on June 3, 
2018.
    As of June 6, 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 (77 FR 
23799; 77 FR 33558; 79 FR 27365):

Rudolph Bisschop (MA)
Richard Doroba (IL)
Tommy Thomas (CA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2012-0040. Their exemptions are effective as of June 6, 2016 
and will expire on June 6, 2018.
    As of June 17, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following individual, DelRay V. Ryckman (SD), has satisfied 
the conditions for obtaining a renewed exemption from the vision 
requirements (79 FR 27681; 79 FR 38649).
    The driver was included in the following docket: Docket No. FMCSA-
2014-0005. The exemption is effective as of June 17, 2016 and will 
expire on June 17, 2018.
    As of June 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 5 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (77 FR 
27847; 77 FR 38386; 79 FR 29495):

Matthew G. Epps (FL)
Michael E. McAfee (KY)
Joe Ramirez (CA)
James E. Sikkink (IL)
John C. Smith (IL)


    The drivers were included on the following docket: Docket No. 
FMCSA-2012-0104. Their exemptions are effective as of June 27, 2016 and 
will expire on June 27, 2018.
    Each of the 42 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 June 8, 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 42 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

[[Page 28140]]

FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-23099; 
FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0303; 
FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; 
FMCSA-2012-0104; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; 
FMCSA-2014-0004; FMCSA-2014-0005 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. 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, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; 
FMCSA-2005-23099; FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; 
FMCSA-2009-0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; 
FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0174; FMCSA-2014-0002; 
FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10797 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  28138                           Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices

                                                    Issued on: May 2, 2016.                               on-line instructions for submitting                   the vision requirements in 49 CFR
                                                  Larry W. Minor,                                         comments.                                             391.41(b)(10), which applies to drivers
                                                  Associate Administrator for Policy.                       • Mail: Docket Management Facility;                 of CMVs in interstate commerce, for a
                                                  [FR Doc. 2016–10891 Filed 5–6–16; 8:45 am]              U.S. Department of Transportation, 1200               two-year period if it finds ‘‘such
                                                  BILLING CODE 4910–EX–P
                                                                                                          New Jersey Avenue SE., West Building                  exemption would likely achieve a level
                                                                                                          Ground Floor, Room W12–140,                           of safety that is equivalent to or greater
                                                                                                          Washington, DC 20590–0001.                            than the level that would be achieved
                                                  DEPARTMENT OF TRANSPORTATION                              • Hand Delivery or Courier: West                    absent such exemption.’’ The
                                                                                                          Building Ground Floor, Room W12–140,                  procedures for requesting an exemption
                                                  Federal Motor Carrier Safety                            1200 New Jersey Avenue SE.,                           (including renewals) are set out in 49
                                                  Administration                                          Washington, DC, between 9 a.m. and 5                  CFR part 381.
                                                                                                          p.m., Monday through Friday, except
                                                  [Docket No. FMCSA–1999–6480; FMCSA–                     Federal Holidays.                                     Exemption Decision
                                                  2000–7363; FMCSA–2004–17195; FMCSA–                       • Fax: 1–202–493–2251.                                 This notice addresses 43 individuals
                                                  2005–23099; FMCSA–2007–0071; FMCSA–
                                                                                                            Instructions: Each submission must                  who have requested renewal of their
                                                  2009–0011; FMCSA–2009–0291; FMCSA–
                                                  2009–0303; FMCSA–2010–0050; FMCSA–
                                                                                                          include the Agency name and the                       exemptions in accordance with FMCSA
                                                  2011–0379; FMCSA–2011–0380; FMCSA–                      docket number for this notice. Note that              procedures. FMCSA has evaluated these
                                                  2012–0040; FMCSA–2012–0104; FMCSA–                      DOT posts all comments received                       43 applications for renewal on their
                                                  2013–0174; FMCSA–2014–0002; FMCSA–                      without change to http://                             merits and decided to extend each
                                                  2014–0003; FMCSA–2014–0004; FMCSA–                      www.regulations.gov, including any                    exemption for a renewable two-year
                                                  2014–0005]                                              personal information included in a                    period. Each individual is identified
                                                                                                          comment. Please see the Privacy Act                   according to the renewal date.
                                                  Qualification of Drivers; Exemption                     heading below.                                           The exemptions are extended subject
                                                  Applications; Vision                                      Docket: For access to the docket to                 to the following conditions: (1) That
                                                  AGENCY: Federal Motor Carrier Safety                    read background documents or                          each individual has a physical
                                                  Administration (FMCSA), DOT.                            comments, go to http://                               examination every year (a) by an
                                                                                                          www.regulations.gov at any time or                    ophthalmologist or optometrist who
                                                  ACTION: Notice of renewal of
                                                                                                          Room W12–140 on the ground level of                   attests that the vision in the better eye
                                                  exemptions; request for comments.                       the West Building, 1200 New Jersey                    continues to meet the requirements in
                                                  SUMMARY:   FMCSA announces its                          Avenue SE., Washington, DC, between 9                 49 CFR 391.41(b)(10), and (b) by a
                                                  decision to renew the exemptions from                   a.m. and 5 p.m., Monday through                       medical examiner who attests that the
                                                  the vision requirement in the Federal                   Friday, except Federal holidays. The                  individual is otherwise physically
                                                  Motor Carrier Safety Regulations for 43                 Federal Docket Management System                      qualified under 49 CFR 391.41; (2) that
                                                  individuals. FMCSA has statutory                        (FDMS) is available 24 hours each day,                each individual provides a copy of the
                                                  authority to exempt individuals from                    365 days each year. If you want                       ophthalmologist’s or optometrist’s
                                                  the vision requirement if the                           acknowledgment that we received your                  report to the medical examiner at the
                                                  exemptions granted will not                             comments, please include a self-                      time of the annual medical examination;
                                                  compromise safety. The Agency has                       addressed, stamped envelope or                        and (3) that each individual provide a
                                                  concluded that granting these                           postcard or print the acknowledgement                 copy of the annual medical certification
                                                  exemption renewals will provide a level                 page that appears after submitting                    to the employer for retention in the
                                                  of safety that is equivalent to or greater              comments on-line.                                     driver’s qualification file and retains a
                                                                                                            Privacy Act: Anyone may search the                  copy of the certification on his/her
                                                  than the level of safety maintained
                                                                                                          electronic form of all comments                       person while driving for presentation to
                                                  without the exemptions for these
                                                                                                          received into any of our dockets by the               a duly authorized Federal, State, or local
                                                  commercial motor vehicle (CMV)
                                                                                                          name of the individual submitting the                 enforcement official. Each exemption
                                                  drivers.
                                                                                                          comment (or of the person signing the                 will be valid for two years unless
                                                  DATES:  Each group of renewed                           comment, if submitted on behalf of an                 rescinded earlier by FMCSA. The
                                                  exemptions are effective from the dates                 association, business, labor union, etc.).            exemption will be rescinded if: (1) The
                                                  stated in the discussions below.                        You may review DOT’s Privacy Act                      person fails to comply with the terms
                                                  Comments must be received on or                         Statement for the Federal Docket                      and conditions of the exemption; (2) the
                                                  before June 8, 2016.                                    Management System (FDMS) published                    exemption has resulted in a lower level
                                                  ADDRESSES: You may submit comments                      in the Federal Register on January 17,                of safety than was maintained before it
                                                  bearing the Federal Docket Management                   2008 (73 FR 3316).                                    was granted; or (3) continuation of the
                                                  System (FDMS) Numbers: Docket No.                       FOR FURTHER INFORMATION CONTACT:                      exemption would not be consistent with
                                                  [Docket No. FMCSA–1999–6480;                            Christine A. Hydock, Chief, Medical                   the goals and objectives of 49 U.S.C.
                                                  FMCSA–2000–7363; FMCSA–2004–                            Programs Division, Medical Programs                   31136(e) and 31315.
                                                  17195; FMCSA–2005–23099; FMCSA–                         Division, 202–366–4001,
                                                  2007–0071; FMCSA–2009–0011;                             fmcsamedical@dot.gov, FMCSA,                          Basis for Renewing Exemptions
                                                  FMCSA–2009–0291; FMCSA–2009–                            Department of Transportation, 1200                      Under 49 U.S.C. 31315(b)(1), an
                                                  0303; FMCSA–2010–0050; FMCSA–                           New Jersey Avenue SE., Room W64–                      exemption may be granted for no longer
                                                  2011–0379; FMCSA–2011–0380;                             224, Washington, DC 20590–0001.                       than two years from its approval date
                                                  FMCSA–2012–0040; FMCSA–2012–                            Office hours are from 8:30 a.m. to 5 p.m.             and may be renewed upon application
mstockstill on DSK3G9T082PROD with NOTICES




                                                  0104; FMCSA–2012–0340; FMCSA–                           Monday through Friday, except Federal                 for additional two year periods. The
                                                  2013–0174; FMCSA–2014–0002;                             holidays.                                             following group(s) of drivers will
                                                  FMCSA–2014–0003; FMCSA–2014–                            SUPPLEMENTARY INFORMATION:                            receive renewed exemptions effective in
                                                  0004; FMCSA–2014–0005], using any of                                                                          the month of June and are discussed
                                                  the following methods:                                  Background                                            below.
                                                    • Federal eRulemaking Portal: Go to                     Under 49 U.S.C. 31136(e) and 31315,                   As of June 3, 2016, and in accordance
                                                  http://www.regulations.gov. Follow the                  FMCSA may renew an exemption from                     with 49 U.S.C. 31136(e) and 31315, the


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                                                                                  Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices                                              28139

                                                  following 34 individuals have satisfied                 exemptions are effective as of June 3,                of safety equal to that existing without
                                                  the conditions for obtaining a renewed                  2016 and will expire on June 3, 2018.                 the exemption.
                                                  exemption from the vision requirements                     As of June 6, 2016, and in accordance
                                                                                                                                                                Request for Comments
                                                  (64 FR 68195; 65 FR 20251; 65 FR                        with 49 U.S.C. 31136(e) and 31315, the
                                                  45817; 65 FR 77066; 67 FR 17102; 67 FR                  following 3 individuals have satisfied                   FMCSA will review comments
                                                  38311; 68 FR 1654; 69 FR 17263; 69 FR                   the conditions for obtaining a renewed                received at any time concerning a
                                                  17267; 69 FR 26921; 69 FR 31447; 70 FR                  exemption from the vision requirements                particular driver’s safety record and
                                                  7545; 71 FR 4194; 71 FR 13450; 71 FR                    (77 FR 23799; 77 FR 33558; 79 FR                      determine if the continuation of the
                                                  16410; 71 FR 27033; 73 FR 6242; 73 FR                   27365):                                               exemption is consistent with the
                                                  9158; 73 FR 11989; 73 FR 16950; 73 FR                   Rudolph Bisschop (MA)                                 requirements at 49 U.S.C. 31136(e) and
                                                  28186; 74 FR 60022; 74 FR 65842; 75 FR                  Richard Doroba (IL)                                   31315. However, FMCSA requests that
                                                  4623; 75 FR 9477; 75 FR 9480; 75 FR                     Tommy Thomas (CA)                                     interested parties with specific data
                                                  9482; 75 FR 9484; 75 FR 14656; 75 FR                                                                          concerning the safety records of these
                                                                                                             The drivers were included in one of
                                                  22176; 75 FR 27623; 75 FR 28682; 77 FR                                                                        drivers submit comments by June 8,
                                                                                                          the following dockets: Docket No.
                                                  10604; 77 FR 10606; 77 FR 13689; 77 FR                                                                        2016.
                                                                                                          FMCSA–2012–0040. Their exemptions                        FMCSA believes that the
                                                  15184; 77 FR 17107; 77 FR 17108; 77 FR                  are effective as of June 6, 2016 and will
                                                  17109; 77 FR 27845; 77 FR 27849; 77 FR                                                                        requirements for a renewal of an
                                                                                                          expire on June 6, 2018.                               exemption under 49 U.S.C. 31136(e) and
                                                  27850; 77 FR 29447; 79 FR 1908; 79 FR                      As of June 17, 2016, and in
                                                  10606; 79 FR 10619; 79 FR 14328; 79 FR                                                                        31315 can be satisfied by initially
                                                                                                          accordance with 49 U.S.C. 31136(e) and                granting the renewal and then
                                                  14331; 79 FR 14333; 79 FR 14571; 79 FR                  31315, the following individual, DelRay
                                                  17642; 79 FR 18391; 79 FR 18392; 79 FR                                                                        requesting and evaluating, if needed,
                                                                                                          V. Ryckman (SD), has satisfied the                    subsequent comments submitted by
                                                  21996; 79 FR 22003; 79 FR 27043; 79 FR                  conditions for obtaining a renewed
                                                  28588; 79 FR 29498):                                                                                          interested parties. As indicated above,
                                                                                                          exemption from the vision requirements                the Agency previously published
                                                  Thomas R. Abbott (TN)                                   (79 FR 27681; 79 FR 38649).                           notices of final disposition announcing
                                                  Dean R. Allen (OR)                                         The driver was included in the                     its decision to exempt these 42
                                                  Robert J. Ambrose (MA)                                  following docket: Docket No. FMCSA–                   individuals from the vision requirement
                                                  Rodney R. Anderson (PA)                                 2014–0005. The exemption is effective                 in 49 CFR 391.41(b)(10). The final
                                                  Ernie E. Black (NC)                                     as of June 17, 2016 and will expire on                decision to grant an exemption to each
                                                  Gary O. Brady (WV)                                      June 17, 2018.                                        of these individuals was made on the
                                                  Marland L. Brassfield (TX)                                 As of June 27, 2016, and in
                                                                                                                                                                merits of each case and made only after
                                                  Larry D. Buchanan (NM)                                  accordance with 49 U.S.C. 31136(e) and
                                                                                                                                                                careful consideration of the comments
                                                  Michael B. Canedy (MN)                                  31315, the following 5 individuals have
                                                                                                                                                                received to its notices of applications.
                                                  Melvin D. Clark (GA)                                    satisfied the conditions for obtaining a
                                                                                                                                                                The notices of applications stated in
                                                  Dean E. Dexter (SD)                                     renewed exemption from the vision
                                                                                                                                                                detail the qualifications, experience,
                                                  Scott E. Elliot (NH)                                    requirements (77 FR 27847; 77 FR
                                                                                                                                                                and medical condition of each applicant
                                                  Rojelio Garcia-Pena (MI)                                38386; 79 FR 29495):
                                                                                                                                                                for an exemption from the vision
                                                  Grant G. Gibson (MN)                                    Matthew G. Epps (FL)                                  requirements. That information is
                                                  Stephen H. Goldcamp (OH)                                Michael E. McAfee (KY)                                available by consulting the above cited
                                                  Wai F. King (IL)                                        Joe Ramirez (CA)                                      Federal Register publications.
                                                  Eric W. Kopmann (MO)                                    James E. Sikkink (IL)                                    Interested parties or organizations
                                                  Dennis E. Krone (IL)                                    John C. Smith (IL)                                    possessing information that would
                                                  George E. Lewis (OH)                                       The drivers were included on the                   otherwise show that any, or all, of these
                                                  Travis J. Luce (MI)                                     following docket: Docket No. FMCSA–                   drivers are not currently achieving the
                                                  Phillip D. Mathys (OH)                                  2012–0104. Their exemptions are                       statutory level of safety should
                                                  Thomas J. Mavraganis (IL)                               effective as of June 27, 2016 and will                immediately notify FMCSA. The
                                                  Richard J. McKenzie, Jr. (MD)                           expire on June 27, 2018.                              Agency will evaluate any adverse
                                                  Christopher J. Meerten (OR)                                Each of the 42 applicants listed in the            evidence submitted and, if safety is
                                                  Jason T. Montoya (NM)                                   groups above has requested renewal of                 being compromised or if continuation of
                                                  Michael Pace (TX)                                       the exemption and has submitted                       the exemption would not be consistent
                                                  Tommy L. Ray, Jr. (AL)                                  evidence showing that the vision in the               with the goals and objectives of 49
                                                  George S. Rayson (OH)                                   better eye continues to meet the                      U.S.C. 31136(e) and 31315, FMCSA will
                                                  Joe A. Root (MN)                                        requirement specified at 49 CFR                       take immediate steps to revoke the
                                                  Carl D. Short (MO)                                      391.41(b)(10) and that the vision                     exemption of a driver.
                                                  Lewis H. West, Jr. (MA)                                 impairment is stable. In addition, a
                                                  Donald G. Wilcox (OR)                                   review of each record of safety while                 Submitting Comments
                                                  David E. Williford (NC)                                 driving with the respective vision                      You may submit your comments and
                                                  Jimmy S. Zamora, Jr. (TX)                               deficiencies over the past two years                  material online or by fax, mail, or hand
                                                    The drivers were included in one of                   indicates each applicant continues to                 delivery, but please use only one of
                                                  the following dockets: Docket Nos.                      meet the vision exemption                             these means. FMCSA recommends that
                                                  FMCSA–1999–6480; FMCSA–2000–                            requirements.                                         you include your name and a mailing
                                                  7363; FMCSA–2004–17195; FMCSA–                             These factors provide an adequate                  address, an email address, or a phone
mstockstill on DSK3G9T082PROD with NOTICES




                                                  2005–23099; FMCSA–2007–0071;                            basis for predicting each driver’s ability            number in the body of your document
                                                  FMCSA–2009–0011; FMCSA–2009–                            to continue to drive safely in interstate             so that FMCSA can contact you if there
                                                  0291; FMCSA–2009–0303; FMCSA–                           commerce. Therefore, FMCSA                            are questions regarding your
                                                  2010–0050; FMCSA–2011–0379;                             concludes that extending the exemption                submission.
                                                  FMCSA–2011–0380; FMCSA–2013–                            for each renewal applicant for a period                 To submit your comment online, go to
                                                  0174; FMCSA–2014–0002; FMCSA–                           of two years is likely to achieve a level             http://www.regulations.gov and in the
                                                  2014–0003; FMCSA–2014–0004. Their                                                                             search box insert the docket numbers


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                                                  28140                                       Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices

                                                  FMCSA–1999–6480; FMCSA–2000–                                            0004; FMCSA–2014–0005 and click                                   Clearance Officer, Kimberly Toone at
                                                  7363; FMCSA–2004–17195; FMCSA–                                          ‘‘Search.’’ Next, click ‘‘Open Docket                             (202) 493–6132; these numbers are not
                                                  2005–23099; FMCSA–2007–0071;                                            Folder’’ and you will find all documents                          toll-free; or by contacting Mr. Brogan via
                                                  FMCSA–2009–0011; FMCSA–2009–                                            and comments related to this notice.                              facsimile at (202) 493–6216 or Ms.
                                                  0291; FMCSA–2009–0303; FMCSA–                                             Issued on: April 29, 2016.                                      Toone via facsimile at (202) 493–6497,
                                                  2010–0050; FMCSA–2011–0379;                                             Larry W. Minor,                                                   or via email by contacting Mr. Brogan at
                                                  FMCSA–2011–0380; FMCSA–2012–                                                                                                              Robert.Brogan@dot.gov, or by contacting
                                                                                                                          Associate Administrator for Policy.
                                                  0040; FMCSA–2012–0104; FMCSA–                                                                                                             Ms. Toone at Kim.Toone@dot.gov.
                                                                                                                          [FR Doc. 2016–10797 Filed 5–6–16; 8:45 am]
                                                  2013–0174; FMCSA–2014–0002;                                                                                                               Comments or questions about any
                                                                                                                          BILLING CODE 4910–EX–P
                                                  FMCSA–2014–0003; FMCSA–2014–                                                                                                              aspect of this ICR should be directed to
                                                  0004; FMCSA–2014–0005 and click the                                                                                                       OMB’s Office of Information and
                                                  search button. When the new screen                                                                                                        Regulatory Affairs, Attn: FRA OMB
                                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  appears, click on the blue ‘‘Comment                                                                                                      Desk Officer.
                                                  Now!’’ button on the right hand side of                                 Federal Railroad Administration                                   SUPPLEMENTARY INFORMATION:
                                                  the page. On the new page, enter
                                                  information required including the                                      [Docket No. FRA–2016–0002–N–13]                                   I. Background
                                                  specific section of this document to
                                                  which each comment applies, and                                         Agency Request for Regular                                           Under 49 U.S.C. 20157, as amended
                                                  provide a reason for each suggestion or                                 Processing of Collection of                                       by the Positive Train Control
                                                  recommendation. If you submit your                                      Information by the Office of                                      Enforcement and Implementation Act of
                                                  comments by mail or hand delivery,                                      Management and Budget                                             2015 (PTCEI Act), FRA must conduct
                                                  submit them in an unbound format, no                                                                                                      compliance reviews, at least annually,
                                                                                                                          AGENCY: Federal Railroad
                                                  larger than 81⁄2 by 11 inches, suitable for                                                                                               to ensure each railroad is complying
                                                                                                                          Administration (FRA), United States
                                                  copying and electronic filing. If you                                                                                                     with its revised PTC implementation
                                                                                                                          Department of Transportation (DOT).
                                                  submit comments by mail and would                                                                                                         plan (PTCIP). The PTCEI Act requires
                                                                                                                          ACTION: Notice.
                                                  like to know that they reached the                                                                                                        railroads to provide information to FRA
                                                  facility, please enclose a stamped, self-                               SUMMARY:   Consistent with the                                    that FRA determines is necessary to
                                                  addressed postcard or envelope.                                         Paperwork Reduction Act of 1995 (PRA)                             adequately conduct such compliance
                                                     We will consider all comments and                                    and its implementing regulations, this                            reviews. See 49 U.S.C. 20157(c)(2).
                                                  material received during the comment                                    document provides notice that FRA is                                 To effectively monitor industry’s
                                                  period. FMCSA may issue a final rule at                                 submitting the following Information                              implementation of PTC systems, FRA is
                                                  any time after the close of the comment                                 Collection Request (ICR) to the Office of                         proposing to require each subject
                                                  period.                                                                 Management and Budget (OMB) to                                    railroad to submit quarterly reports on
                                                                                                                          collect information on railroads’                                 its implementation progress, in addition
                                                  Viewing Comments and Documents                                          implementation of positive train control                          to the annual progress reports the PTCEI
                                                    To view comments, as well as any                                      (PTC) systems on a quarterly form. FRA                            Act mandated, under FRA’s statutory
                                                  documents mentioned in this preamble,                                   requests regular processing and OMB                               and regulatory investigative authorities.
                                                  go to http://www.regulations.gov and in                                 authorization to collect the information                          See 49 U.S.C. 20157(c)(2); see also 49
                                                  the search box insert the docket number                                 on the quarterly form identified below                            U.S.C. 20107, 20902; 49 CFR
                                                  FMCSA–1999–6480; FMCSA–2000–                                            30 days after publication of this notice                          236.1009(h). Specifically, FRA is
                                                  7363; FMCSA–2004–17195; FMCSA–                                          for a period of three years.                                      proposing that, in addition to the annual
                                                  2005–23099; FMCSA–2007–0071;                                            FOR FURTHER INFORMATION CONTACT: A                                report due each March 31 under 49
                                                  FMCSA–2009–0011; FMCSA–2009–                                            copy of this ICR, with any public                                 U.S.C. 20157(c)(1), railroads must
                                                  0291; FMCSA–2009–0303; FMCSA–                                           applicable supporting documentation,                              provide quarterly progress reports
                                                  2010–0050; FMCSA–2011–0379;                                             may be obtained by calling FRA’s Office                           covering the preceding three-month
                                                  FMCSA–2011–0380; FMCSA–2012–                                            of Safety Information Collection                                  period and submit the forms to FRA on
                                                  0040; FMCSA–2012–0104; FMCSA–                                           Clearance Officer, Robert Brogan at                               the dates in the following table until full
                                                  2013–0174; FMCSA–2014–0002;                                             (202) 493–6292, or FRA’s Office of                                PTC system implementation is
                                                  FMCSA–2014–0003; FMCSA–2014–                                            Administration Information Collection                             completed:

                                                                                                                        Coverage period                                                       Due dates for quarterly reports

                                                  Q1   .................................   January 1–March 31 ...........................................................        June 30, 2016, and each April 30 thereafter.
                                                  Q2   .................................   April 1–June 30 ...................................................................   July 31.
                                                  Q3   .................................   July 1–September 30 ..........................................................        October 31.
                                                  Q4   .................................   October 1—December 31 ...................................................             January 31.



                                                  FRA delayed the due date for submitting                                   FRA is proposing that each railroad                             II. Public Participation
                                                  the first quarterly report to allow time                                must submit its quarterly progress
                                                  for the normal 60 days of notice and                                    reports on Form FRA F 6180.165 using                                On March 7, 2016, FRA published a
                                                  public comment to FRA, and the                                          FRA’s Secure Information Repository                               notice in the Federal Register seeking
mstockstill on DSK3G9T082PROD with NOTICES




                                                  additional 30 days of public comment to                                 (SIR) at https://sir.fra.dot.gov. FRA is                          public comment on the proposed
                                                  OMB while the submission undergoes                                      proposing to let the less detailed                                Quarterly PTC Progress Report Form. 81
                                                  OMB review as required under the PRA                                    monthly reporting that it currently                               FR 11878, Mar. 7, 2016. By letter dated
                                                  and its concomitant regulations. See 44                                 requires (approved under OMB No.                                  April 12, 2016, the Association of
                                                  U.S.C. 3501–3520; 5 CFR 1320.8(d)(1),                                   2130–0553) expire in June 2016 when                               American Railroads (AAR) submitted
                                                  1320.10(e)(1), 1320.12(a).                                              railroads would be required to begin                              comments on behalf of itself and its
                                                                                                                          providing the quarterly progress reports.                         member railroads. By letter and email


                                             VerDate Sep<11>2014         17:44 May 06, 2016         Jkt 238001     PO 00000       Frm 00095      Fmt 4703      Sfmt 4703     E:\FR\FM\09MYN1.SGM    09MYN1



Document Created: 2018-02-07 14:50:00
Document Modified: 2018-02-07 14:50:00
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 June 8, 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 Citation81 FR 28138 

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