Qualification of Drivers; Exemption Applications; Vision, 55469-55470 [2011-22756]
Download as PDF
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
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 19
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: August 29, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011–22758 Filed 9–6–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No.; FMCSA–2005–20560; FMCSA–
2007–27897; FMCSA–2007–28695]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
emcdonald on DSK5VPTVN1PROD with NOTICES
AGENCY:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 13
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
SUMMARY:
VerDate Mar<15>2010
17:37 Sep 06, 2011
Jkt 223001
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.
This decision is effective
September 27, 2011. Comments must be
received on or before October 7, 2011.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: FMCSA–
2005–20560; FMCSA–2007–27897;
FMCSA–2007–28695, 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
DATES:
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
55469
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:
Elaine M. Papp, Chief, 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 13 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
13 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Dean N. Brown
Matthew R. Floyd
Christian L. Gremillion
Frank D. Konwinski, Jr.
Paul G. Mathes
Kenneth D. Perkins
Terry W. Pope
Daniel T. Rhodes
Frederick G. Robbins
Stephen E. Shields
Ricky J. Siebels
Don S. Williams
Robert L. Williams, Jr.
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
E:\FR\FM\07SEN1.SGM
07SEN1
55470
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
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.
emcdonald on DSK5VPTVN1PROD with NOTICES
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 13 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (70 FR 17504; 70 FR
30997; 72 FR 27624; 72 FR 39879; 72 FR
46261; 72 FR 52419; 72 FR 54972; 74 FR
18437; 74 FR 41971; 74 FR 43223). Each
of these 13 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 October 7,
2011.
VerDate Mar<15>2010
17:37 Sep 06, 2011
Jkt 223001
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 if needed, evaluating,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 13
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: August 29, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011–22756 Filed 9–6–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Limitation on Claims Against
Proposed Public Transportation
Project
Federal Transit Administration
(FTA), DOT.
ACTION: Notice.
AGENCY:
This notice announces a final
environmental action taken by the
Federal Transit Administration (FTA)
for the following project: Woodward
Avenue Light Rail Transit Project, City
of Detroit, Detroit, MI. The purpose of
this notice is to announce publicly the
environmental decision by FTA on the
subject project and to activate the
limitation on any claims that may
SUMMARY:
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
challenge this final environmental
action.
DATES: By this notice, FTA is advising
the public of final agency action subject
to Section 139(l) of Title 23, United
States Code (U.S.C.). A claim seeking
judicial review of the FTA actions
announced herein for the listed public
transportation project will be barred
unless the claim is filed on or before
March 5, 2012.
FOR FURTHER INFORMATION CONTACT: Carl
Bausch, Director, Office of Human and
Natural Environment, (202) 366–1626,
or Christopher Van Wyk, AttorneyAdvisor, Office of Chief Counsel, (202)
366–1733. FTA is located at 1200 New
Jersey Avenue SE., Washington, DC
20590. Office hours are from 9 a.m. to
5:30 p.m., E.S.T., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FTA has taken final
agency action by issuing certain
approvals for the public transportation
project listed below. The action on this
project, as well as the laws under which
such action was taken, are described in
the documentation issued in connection
with the project to comply with the
National Environmental Policy Act
(NEPA) and in other documents in the
FTA administrative record for the
project. Interested parties may contact
either the project sponsor or the relevant
FTA Regional Office for more
information on the project. Contact
information for FTA’s Regional Offices
may be found at https://www.fta.dot.gov.
This notice applies to all FTA
decisions on the listed project as of the
issuance date of this notice and all laws
under which such actions were taken,
including, but not limited to, NEPA [42
U.S.C. 4321–4375], Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303], Section 106 of the
National Historic Preservation Act [16
U.S.C. 470f], and the Clean Air Act [42
U.S.C. 7401–7671q]. This notice does
not, however, alter or extend the
limitation period of 180 days for
challenges of project decisions subject
to previous notices published in the
Federal Register. The project and action
that are the subject of this notice are:
Project name and location:
Woodward Avenue Light Rail Transit
Project, City of Detroit, Detroit, MI.
Project sponsor: City of Detroit. Project
description: The project consists of a
9.3-mile Light Rail Transit line along
Woodward Avenue from the Central
Business District in downtown Detroit
to the Michigan State Fairgrounds at 8
Mile Road. The project includes a total
of 19 stations. Ancillary facilities
include eight traction power sub-
E:\FR\FM\07SEN1.SGM
07SEN1
Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55469-55470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22756]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No.; FMCSA-2005-20560; FMCSA-2007-27897; FMCSA-2007-28695]
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
13 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 September 27, 2011. Comments must be
received on or before October 7, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-2005-20560; FMCSA-2007-27897;
FMCSA-2007-28695, 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: Elaine M. Papp, Chief, 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 13 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 13 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Dean N. Brown
Matthew R. Floyd
Christian L. Gremillion
Frank D. Konwinski, Jr.
Paul G. Mathes
Kenneth D. Perkins
Terry W. Pope
Daniel T. Rhodes
Frederick G. Robbins
Stephen E. Shields
Ricky J. Siebels
Don S. Williams
Robert L. Williams, Jr.
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
[[Page 55470]]
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 13 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (70 FR 17504; 70 FR 30997; 72 FR 27624; 72 FR 39879; 72 FR
46261; 72 FR 52419; 72 FR 54972; 74 FR 18437; 74 FR 41971; 74 FR
43223). Each of these 13 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 October 7, 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 if needed, evaluating,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 13 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: August 29, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011-22756 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-EX-P