[Docket No. FMCSA-2005-23238; FMCSA-2006-25246; FMCSA-2008-0106; FMCSA-2009-0086], 32016-32017 [2011-13617]

Download as PDF 32016 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 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. 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. emcdonald on DSK2BSOYB1PROD with NOTICES Conclusion Based upon its evaluation of the twenty-three exemption applications, FMCSA exempts, Donovan A. Bloomfield, Kyle T. Brewer, Rastus A. Bryant, Jr., Daniel J. Cahalan, Bill R. Dubson, Paul C. Farley, Daniel E. Farmer, C. Shawn Fox, Brad S. Gray, Ken M. Jorgenson, Troy M. Keller, VerDate Mar<15>2010 16:40 Jun 01, 2011 Jkt 223001 Edmund D. Kilmartin, III., Lonnie L. Little, Michael G. Moseley, William M. Munn, Jeffrey M. Sandler, Donald R. Sine, Jr., Edward C. Sinkhorn, Jr., Wanda S. Sloan, John C. Stephens, Francisco M. Torres, Dale R. Walton and Mark H. Wilcox 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: May 20, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–13606 Filed 6–1–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–23238; FMCSA–2006–25246; FMCSA–2008– 0106; FMCSA–2009–0086] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: Notice of renewal of exemptions; request for comments. ACTION: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 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: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 This decision is effective June 12, 2011. Comments must be received on or before July 5, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 2005–23238; FMCSA–2006–25246; FMCSA–2008–0106; FMCSA–2009– 0086, 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 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 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 DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical DATES: E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 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: 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 Background exemption may be granted for no longer than two years from its approval date Under 49 U.S.C. 31136(e) and 31315, and may be renewed upon application FMCSA may renew an exemption from for additional two year periods. In the vision requirements in 49 CFR accordance with 49 U.S.C. 31136(e) and 391.41(b)(10), which applies to drivers 31315, each of the 18 applicants has of CMVs in interstate commerce, for a satisfied the entry conditions for two-year period if it finds ‘‘such obtaining an exemption from the vision exemption would likely achieve a level requirements (71 FR 5105; 71 FR 19600; of safety that is equivalent to, or greater 72 FR 180; 72 FR 9397; 73 FR 35194; 73 than, the level that would be achieved absent such exemption.’’ The procedures FR 48272; 73 FR 52456; 74 FR 19267, 74 FR 20523; 74 FR 28094). Each of for requesting an exemption (including renewals) are set out in 49 CFR part 381. these 18 applicants has requested renewal of the exemption and has Exemption Decision submitted evidence showing that the This notice addresses 18 individuals vision in the better eye continues to who have requested renewal of their meet the standard specified at 49 CFR exemptions in accordance with FMCSA 391.41(b)(10) and that the vision procedures. FMCSA has evaluated these impairment is stable. In addition, a 18 applications for renewal on their review of each record of safety while merits and decided to extend each driving with the respective vision exemption for a renewable two-year deficiencies over the past two years period. They are: indicates each applicant continues to Michael D. Abel, Donald Bostic, Jr., meet the vision exemption standards. Andre G. Burns, Paul M. Christina, These factors provide an adequate basis Kenneth W. Dunn, Thomas F. Ethier, for predicting each driver’s ability to Edward J. Grant, Johnny K. Hiatt, continue to drive safely in interstate Richard S. Hoffman, Bruce McCabe, commerce. Therefore, FMCSA Jeffrey M. Mueller, George M. Nelson, concludes that extending the exemption Joseph E. Pfaff, Cecil R. Rhodes, Jerry G. for each renewal applicant for a period Sexton, Mikiel J. Wagner, Christopher of two years is likely to achieve a level A. Weidner, Paul A. Wolfe. of safety equal to that existing without The exemptions are extended subject the exemption. to the following conditions: (1) That Request for Comments each individual has a physical examination every year (a) by an FMCSA will review comments ophthalmologist or optometrist who received at any time concerning a attests that the vision in the better eye particular driver’s safety record and continues to meet the standard in 49 determine if the continuation of the CFR 391.41(b)(10), and (b) by a medical exemption is consistent with the examiner who attests that the individual requirements at 49 U.S.C. 31136(e) and is otherwise physically qualified under 31315. However, FMCSA requests that 49 CFR 391.41; (2) that each individual interested parties with specific data provides a copy of the ophthalmologist’s concerning the safety records of these or optometrist’s report to the medical drivers submit comments by July 5, examiner at the time of the annual 2011. FMCSA believes that the medical examination; and (3) that each individual provide a copy of the annual requirements for a renewal of an medical certification to the employer for exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially retention in the driver’s qualification granting the renewal and then file and retains a copy of the requesting and evaluating, if needed, certification on his/her person while subsequent comments submitted by driving for presentation to a duly interested parties. As indicated above, authorized Federal, State, or local the Agency previously published enforcement official. Each exemption notices of final disposition announcing will be valid for two years unless its decision to exempt these 18 rescinded earlier by FMCSA. The individuals from the vision requirement exemption will be rescinded if: (1) The in 49 CFR 391.41(b)(10). The final person fails to comply with the terms VerDate Mar<15>2010 16:40 Jun 01, 2011 Jkt 223001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 32017 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 otherwiseshow 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: May 20, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–13617 Filed 6–1–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 2003–14504; FMCSA–2005–20560; FMCSA– 2006–26066; FMCSA–2007–27515] 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 18 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 June 13, 2011. Comments must be received on or before July 5, 2011. DATES: E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 32016-32017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13617]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


[Docket No. FMCSA-2005-23238; FMCSA-2006-25246; FMCSA-2008-0106; 
FMCSA-2009-0086]

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 
18 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 June 12, 2011. Comments must be 
received on or before July 5, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: FMCSA-2005-23238; FMCSA-2006-25246; 
FMCSA-2008-0106; FMCSA-2009-0086, 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 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 FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical

[[Page 32017]]

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 18 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 18 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:
    Michael D. Abel, Donald Bostic, Jr., Andre G. Burns, Paul M. 
Christina, Kenneth W. Dunn, Thomas F. Ethier, Edward J. Grant, Johnny 
K. Hiatt, Richard S. Hoffman, Bruce McCabe, Jeffrey M. Mueller, George 
M. Nelson, Joseph E. Pfaff, Cecil R. Rhodes, Jerry G. Sexton, Mikiel J. 
Wagner, Christopher A. Weidner, Paul A. Wolfe.
    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 18 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (71 FR 5105; 71 FR 19600; 72 FR 180; 72 FR 9397; 73 FR 
35194; 73 FR 48272; 73 FR 52456; 74 FR 19267, 74 FR 20523; 74 FR 
28094). Each of these 18 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 July 5, 2011.
    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 18 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 otherwiseshow 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: May 20, 2011.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-13617 Filed 6-1-11; 8:45 am]
BILLING CODE 4910-EX-P
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