Qualification of Drivers; Exemption Applications; Vision, 44050-44051 [2010-18307]

Download as PDF 44050 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Notices 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. 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. Discussion of Comments FMCSA received no comments in this proceeding. sroberts on DSKD5P82C1PROD with NOTICES Conclusion Based upon its evaluation of the twenty-five exemption applications, FMCSA exempts, Calvin R. Adams, Michael R. Amstutz, Clinton R. Carlson, II, Brandon L. Cheek, Michael J. Drake, Richard A. Dufton, Jr., Kenneth Dunn, Robert J. Dyxin, Scott D. Endres, Michael H. Hayden, Jarvis D. Hubbell, John T. Jones, Blake A. S. Keeten, Randall L. Koegel, Nicholas J. Niemerg, Dereck J. Oliveira, Paul J. O’Neil, Jr., Worden T. Price, Frankie R. Ramey, Michael Romero, Gary L. Sager, Darrel D. Schroeder, Steven M. Sernett, Scott C. Sevedge and Steven G. Woltman, from the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions VerDate Mar<15>2010 16:30 Jul 26, 2010 Jkt 220001 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: July 20, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–18308 Filed 7–26–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–8398; FMCSA–2002–11714; FMCSA– 2006–24015; FMCSA–2008–0106; FMCSA– 2008–0174] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 59 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. SUMMARY: This decision is effective August 18, 2010. Comments must be received on or before August 26, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1998–4334; FMCSA–2000–8398; FMCSA–2002–11714; FMCSA–2006– DATES: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 24015; FMCSA–2008–0106; FMCSA– 2008–0174, using any of the following methods. • Federal eRulemaking Portal: Go to https://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 https:// 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 https:// 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. 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 https://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: E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Notices individual provide a copy of the annual medical certification to the employer for Under 49 U.S.C. 31136(e) and 31315, retention in the driver’s qualification FMCSA may renew an exemption from file and retains a copy of the the vision requirements in 49 CFR certification on his/her person while 391.41(b)(10), which applies to drivers driving for presentation to a duly of CMVs in interstate commerce, for a authorized Federal, State, or local two-year period if it finds ‘‘such enforcement official. Each exemption exemption would likely achieve a level will be valid for two years unless of safety that is equivalent to, or greater rescinded earlier by FMCSA. The than, the level that would be achieved exemption will be rescinded if: (1) The absent such exemption.’’ The procedures person fails to comply with the terms for requesting an exemption (including and conditions of the exemption; (2) the renewals) are set out in 49 CFR part 381. exemption has resulted in a lower level of safety than was maintained before it Exemption Decision was granted; or (3) continuation of the This Notice addresses 59 individuals exemption would not be consistent with who have requested renewal of their exemptions in accordance with FMCSA the goals and objectives of 49 U.S.C. procedures. FMCSA has evaluated these 31136(e) and 31315. 59 applications for renewal on their Basis for Renewing Exemptions merits and decided to extend each Under 49 U.S.C. 31315(b)(1), an exemption for a renewable two-year exemption may be granted for no longer period. They are: than two years from its approval date Catarino, Aispuro, Gary R. Andersen, and may be renewed upon application Edwin A. Betz, Donald L. Carman, for additional two year periods. In Mitchell L. Carmen, Christopher R. accordance with 49 U.S.C. 31136(e) and Cone, Walter O. Connelly, Stephen B. 31315, each of the 59 applicants has Copeland, Armando P. D’Angeli, Donald satisfied the entry conditions for R. Davis, Ivory Davis, Louis A. obtaining an exemption from the vision DiPasqua, Jr., Henry L. Donivan, Randy requirements (63 FR 66226; 64 FR J. Doran, Robert E. Dukes, Roger D. 16517; 65 FR 78256; 66 FR 16311; 68 FR Elders, James F. Epperson, Lucious J. 13360; 70 FR 12265; 72 FR 27624; 67 FR Erwin, Riche Ford, Kelly L. Foster, 15662; 67 FR 37907; 69 FR 26206; 71 FR Kevin J. Friedel, Donald W. Garner, Paul 26601; 73 FR 52451; 71 FR 14566; 71 FR W. Goebel, Jr., Ronnie L. Hanback, 30227; 73 FR 48275; 73 FR 35194; 73 FR Steven G. Harter, Michael C. Hensley, 48273; 73 FR 38497; 73 FR 48271). Each George F. Hernandez, Jr., Scott A. of these 59 applicants has requested Hillman, Charles S. Huffman, Jesse P. renewal of the exemption and has Jamison, James A. Jones, Ronnie M. submitted evidence showing that the Jones, Andrew C. Kelly, Jason W. King, vision in the better eye continues to James T. Leek, Billy J. Lewis, Velmer L. meet the standard specified at 49 CFR McClelland, Larry McCoy, Sr., Robert 391.41(b)(10) and that the vision W. McMillian, Danny W. Nuckles, impairment is stable. In addition, a Richard A. Peterson, Willam R. Proffitt, review of each record of safety while Chad M. Quarles, Carroll G. driving with the respective vision Quisenberry, Daniel S. Rebstad, Ryan J. deficiencies over the past two years Reimann, Ronney L. Rogers, Manuel C. indicates each applicant continues to Savin, Brandon J. See, Douglas A. meet the vision exemption standards. Sharp, Ricky L. Shepler, LeTroy D. These factors provide an adequate basis Sims, Robert M. Stewart, John L. Stone, for predicting each driver’s ability to Nils S. Thornberg, Daniel W. Toppings, continue to drive safely in interstate Kenneth E. Valentine, Christopher R. commerce. Therefore, FMCSA Whitson, and George L. Young. concludes that extending the exemption The exemptions are extended subject for each renewal applicant for a period to the following conditions: (1) That of two years is likely to achieve a level each individual has a physical of safety equal to that existing without examination every year (a) by an the exemption. ophthalmologist or optometrist who Request for Comments attests that the vision in the better eye FMCSA will review comments continues to meet the standard in 49 received at any time concerning a CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual particular driver’s safety record and determine if the continuation of the is otherwise physically qualified under exemption is consistent with the 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist’s requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that or optometrist’s report to the medical interested parties with specific data examiner at the time of the annual concerning the safety records of these medical examination; and (3) that each sroberts on DSKD5P82C1PROD with NOTICES Background VerDate Mar<15>2010 16:30 Jul 26, 2010 Jkt 220001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 44051 drivers submit comments by August 26, 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 59 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. Issued on: July 19, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–18307 Filed 7–26–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–005–N–5] Resolicitation of Applications for the Railroad Safety Technology Program Grant Program (RS–TEC–10–001) Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of Funds Availability, Resolicitation of Applications (RS–TEC– 10–001). AGENCY: Due to a significant number of technical errors in applicant grant proposal submissions for the Railroad Safety Technology Grant Program SUMMARY: E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 44050-44051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18307]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-8398; FMCSA-2002-11714; FMCSA-
2006-24015; FMCSA-2008-0106; FMCSA-2008-0174]


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 
59 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 August 18, 2010. Comments must be 
received on or before August 26, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-1998-4334; FMCSA-2000-8398; 
FMCSA-2002-11714; FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-2008-0174, 
using any of the following methods.
     Federal eRulemaking Portal: Go to https://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 https://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 https://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.
    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 https://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:

[[Page 44051]]

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 59 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 59 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:
    Catarino, Aispuro, Gary R. Andersen, Edwin A. Betz, Donald L. 
Carman, Mitchell L. Carmen, Christopher R. Cone, Walter O. Connelly, 
Stephen B. Copeland, Armando P. D'Angeli, Donald R. Davis, Ivory Davis, 
Louis A. DiPasqua, Jr., Henry L. Donivan, Randy J. Doran, Robert E. 
Dukes, Roger D. Elders, James F. Epperson, Lucious J. Erwin, Riche 
Ford, Kelly L. Foster, Kevin J. Friedel, Donald W. Garner, Paul W. 
Goebel, Jr., Ronnie L. Hanback, Steven G. Harter, Michael C. Hensley, 
George F. Hernandez, Jr., Scott A. Hillman, Charles S. Huffman, Jesse 
P. Jamison, James A. Jones, Ronnie M. Jones, Andrew C. Kelly, Jason W. 
King, James T. Leek, Billy J. Lewis, Velmer L. McClelland, Larry McCoy, 
Sr., Robert W. McMillian, Danny W. Nuckles, Richard A. Peterson, Willam 
R. Proffitt, Chad M. Quarles, Carroll G. Quisenberry, Daniel S. 
Rebstad, Ryan J. Reimann, Ronney L. Rogers, Manuel C. Savin, Brandon J. 
See, Douglas A. Sharp, Ricky L. Shepler, LeTroy D. Sims, Robert M. 
Stewart, John L. Stone, Nils S. Thornberg, Daniel W. Toppings, Kenneth 
E. Valentine, Christopher R. Whitson, and George L. Young.
    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 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 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. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 59 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (63 FR 66226; 64 FR 16517; 65 FR 78256; 66 FR 16311; 68 FR 
13360; 70 FR 12265; 72 FR 27624; 67 FR 15662; 67 FR 37907; 69 FR 26206; 
71 FR 26601; 73 FR 52451; 71 FR 14566; 71 FR 30227; 73 FR 48275; 73 FR 
35194; 73 FR 48273; 73 FR 38497; 73 FR 48271). Each of these 59 
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 August 26, 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 59 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.

    Issued on: July 19, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-18307 Filed 7-26-10; 8:45 am]
BILLING CODE 4910-EX-P
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