Qualification of Drivers; Exemption Applications; Vision, 8183-8184 [2010-3573]

Download as PDF Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices The qualifications and medical condition of each applicant were stated and discussed in detail in the December 22, 2009, Federal Register Notice therefore, they will not be repeated in this notice. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. mstockstill on DSKH9S0YB1PROD with NOTICES Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. The Pennsylvania Department of Transportation expressed that it had reviewed the driving records for Joseph I. Kulp, Sr., and was in favor of granting a Federal diabetes exemption to him. Conclusion Based upon its evaluation of the twenty-four exemption applications, FMCSA exempts, Daniel W. Boldra, Simon P. Bollin, Patrick J. Bukolt, Leonel L. Cantu, Jr., William J. Cobb, Jr., Wallace E. Conover, Daniel C. Druffel, Gregory J. Godley, Troy A. Gortmaker, Charles M. Griswold, Kenneth M. Ham, Justin R. Henneinke, William R. Huntley, Ricky G. Kile, Joseph I. Kulp, Sr., Paul J. Failla, Eric D. Larson, Kevin R. Mooney, Daniel D. Neale, Richard D. Preisser, Brian A. Schlieckau, Richard L. Sulzberger, Clayton F. Tapscott, Dirk VanStralen and Henry L. Waskow, from the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: February 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–3562 Filed 2–22–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5748; FMCSA– 1999–6156] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 8183 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 5 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective March 7, 2010. Comments must be received on or before March 25, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1999–5748; FMCSA–1999–6156, 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. 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 FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. E:\FR\FM\23FEN1.SGM 23FEN1 8184 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476). This information is also available at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202)-366–4001, fmcsamedical@dot.gov, 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: qualification file and retain 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. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 5 applicants has Background satisfied the entry conditions for Under 49 U.S.C. 31136(e) and 31315, obtaining an exemption from the vision FMCSA may renew an exemption from requirements (64 FR 40404; 64 FR the vision requirements in 49 CFR 66962; 67 FR 10475; 69 FR 8260; 71 FR 391.41(b)(10), which applies to drivers 6824; 73 FR 7360; 64 FR 54948; 65 FR of CMVs in interstate commerce, for a 159). Each of these 5 applicants has two-year period if it finds ‘‘such requested renewal of the exemption and exemption would likely achieve a level has submitted evidence showing that of safety that is equivalent to, or greater the vision in the better eye continues to than, the level that would be achieved meet the standard specified at 49 CFR absent such exemption.’’ The procedures 391.41(b)(10) and that the vision for requesting an exemption (including impairment is stable. In addition, a renewals) are set out in 49 CFR part 381. review of each record of safety while driving with the respective vision Exemption Decision deficiencies over the past two years This notice addresses 5 individuals indicates each applicant continues to who have requested renewal of their meet the vision exemption standards. exemptions in accordance with FMCSA These factors provide an adequate basis procedures. FMCSA has evaluated these for predicting each driver’s ability to 5 applications for renewal on their continue to drive safely in interstate merits and decided to extend each commerce. Therefore, FMCSA exemption for a renewable two-year concludes that extending the exemption period. They are: Dennis J. Lessard, for each renewal applicant for a period Harry R. Littlejohn, James D. Simon, of two years is likely to achieve a level Robert J. Townsley, and Jeffrey G. of safety equal to that existing without Wuensch. the exemption. These exemptions are extended Request for Comments subject to the following conditions: (1) That each individual has a physical FMCSA will review comments examination every year (a) by an received at any time concerning a ophthalmologist or optometrist who particular driver’s safety record and attests that the vision in the better eye determine if the continuation of the continues to meet the standard in 49 exemption is consistent with the CFR 391.41(b)(10), and (b) by a medical requirements at 49 U.S.C. 31136(e) and examiner who attests that the individual 31315. However, FMCSA requests that is otherwise physically qualified under interested parties with specific data 49 CFR 391.41; (2) that each individual concerning the safety records of these provides a copy of the ophthalmologist’s drivers submit comments by March 25, or optometrist’s report to the medical 2010. FMCSA believes that the examiner at the time of the annual requirements for a renewal of an medical examination; and (3) that each exemption under 49 U.S.C. 31136(e) and individual provides a copy of the 31315 can be satisfied by initially annual medical certification to the granting the renewal and then employer for retention in the driver’s VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 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 5 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 based on the merits of each case and 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. Issued on: February 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–3573 Filed 2–22–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2003–16241; FMCSA– 2003–16564; FMCSA–2005–22194; FMCSA– 2007–27897] 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 15 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 E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8183-8184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3573]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-1999-6156]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
5 individuals. FMCSA has statutory authority to exempt individuals from 
the vision requirement if the exemptions granted will not compromise 
safety. The Agency has concluded that granting these exemption renewals 
will provide a level of safety that is equivalent to, or greater than, 
the level of safety maintained without the exemptions for these 
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 7, 2010. Comments must be 
received on or before March 25, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1999-5748; FMCSA-1999-6156, 
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.
    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 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.

[[Page 8184]]

    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 the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202)-366-4001, fmcsamedical@dot.gov, 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 5 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 5 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are: 
Dennis J. Lessard, Harry R. Littlejohn, James D. Simon, Robert J. 
Townsley, and Jeffrey G. Wuensch.
    These 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 standard 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 provides a copy of the annual medical 
certification to the employer for retention in the driver's 
qualification file and retain 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. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 5 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 40404; 64 FR 66962; 67 FR 10475; 69 FR 8260; 71 FR 
6824; 73 FR 7360; 64 FR 54948; 65 FR 159). Each of these 5 applicants 
has requested renewal of the exemption and has submitted evidence 
showing that the vision in the better eye continues to meet the 
standard 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 
standards. 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 March 25, 2010.
    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 5 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 based on the merits of each 
case and 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.

    Issued on: February 5, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3573 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P