Qualification of Drivers; Exemption Applications; Vision, 64171-64172 [2011-26689]

Download as PDF Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices 3 years shows no crashes and no convictions for moving violations in a CMV. Steven R. Wetlesen Mr. Wetlesen, 44, has had retinal detachment in his left eye due to an injury sustained at age 14. The best corrected visual acuity in his right eye is 20/20 and in his left eye light perception only. Following an examination in 2011, his ophthalmologist noted, ‘‘Mr. Wetlesen has stable visual impairment of the left eye due to trauma. No significant change in his eye exam is anticipated. Given that he has safely operated commercial vehicles in the past, I am of the medical opinion that he is safe to continue operating commercial vehicles.’’ Mr. Wetlesen reported that he has driven straight trucks for 11 years, accumulating 220,000 miles. He holds a Class D operator’s license from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. jlentini on DSK4TPTVN1PROD with NOTICES Jeffrey K. Yockey Mr. Yockey, 51, has had cataract and a retinal scar in his left eye due to an injury since age 10. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2011, his optometrist noted, ‘‘I believe that Mr. Yockey meets the criteria you specify and that he has sufficient vision to perform the essential tasks of driving a commercial vehicle.’’ Mr. Yockey reported that he has driven tractor-trailer combinations for 33 years, accumulating 4.6 million miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and two convictions for speeding in a CMV; in the first instance, he exceeded the speed limit by 11 mph and in the second incidence, he exceeded the speed limit by 4 mph. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business November 16, 2011. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that VerDate Mar<15>2010 16:32 Oct 14, 2011 Jkt 226001 becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: October 6, 2011. Larry W. Minor, Associate Administrator of Policy. [FR Doc. 2011–26690 Filed 10–14–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6480; FMCSA– 2001–9561; FMCSA–2003–15892; FMCSA– 2006–26066; FMCSA–2007–27897; FMCSA– 2007–28695; FMCSA–2009-0154] 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 17 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 October 30, 2011. Comments must be received on or before November 16, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 1999–6480; FMCSA–2001–9561; FMCSA–2003–15892; FMCSA–2006– 26066; FMCSA–2007–27897; FMCSA– 2007–28695; FMCSA–2009–0154, 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 DATES: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 64171 p.m., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to http:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a 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 http://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. E:\FR\FM\17OCN1.SGM 17OCN1 64172 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices Exemption Decision jlentini on DSK4TPTVN1PROD with NOTICES This notice addresses 17 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 17 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are the following: Tracy A. Ammons David N. Cleveland Randy B. Combs Robert L. Cross, Jr. James E. Davis Thomas E. Dixon Edward J. Genovese Dewayne E. Harms David F. LeClerc Marvin L. Motes Stephen Pozharsky Donald J. Snider Jesse L. Townsend Humberto A. Valles James A. Welch Edward W Yeates, Jr. Michael E. Yount 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 VerDate Mar<15>2010 16:32 Oct 14, 2011 Jkt 226001 31315, each of the 17 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 68195; 65 FR 20251; 66 FR 30502; 66 FR 41654; 68 FR 54775; 67 FR 17102; 68 FR 52811; 68 FR 61860; 70 FR 61165;71 FR 63379; 72 FR 1050; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 53581; 72 FR 54972; 72 FR 58359 74 FR 37295; 74 FR 48343; 74 FR 53581). Each of these 17 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 November 16, 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 17 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. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 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: October 6, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–26689 Filed 10–14–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA 2011–001–N–13] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, DOT. ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Comments must be received no later than December 16, 2011. ADDRESSES: Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, ‘‘Comments on OMB control number 2130–0556 .’’ Alternatively, comments may be transmitted via facsimile to (202) 493– SUMMARY: E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64171-64172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26689]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2001-9561; FMCSA-2003-15892; FMCSA-
2006-26066; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2009-0154]


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 
17 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 October 30, 2011. Comments must be 
received on or before November 16, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: FMCSA-1999-6480; FMCSA-2001-9561; 
FMCSA-2003-15892; FMCSA-2006-26066; FMCSA-2007-27897; FMCSA-2007-28695; 
FMCSA-2009-0154, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://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.

[[Page 64172]]

Exemption Decision

    This notice addresses 17 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 17 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are the 
following:

Tracy A. Ammons
David N. Cleveland
Randy B. Combs
Robert L. Cross, Jr.
James E. Davis
Thomas E. Dixon
Edward J. Genovese
Dewayne E. Harms
David F. LeClerc
Marvin L. Motes
Stephen Pozharsky
Donald J. Snider
Jesse L. Townsend
Humberto A. Valles
James A. Welch
Edward W Yeates, Jr.
Michael E. Yount

    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 17 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (64 FR 68195; 65 FR 20251; 66 FR 30502; 66 FR 41654; 68 FR 
54775; 67 FR 17102; 68 FR 52811; 68 FR 61860; 70 FR 61165;71 FR 63379; 
72 FR 1050; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 53581; 72 FR 
54972; 72 FR 58359 74 FR 37295; 74 FR 48343; 74 FR 53581). Each of 
these 17 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 November 16, 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 17 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: October 6, 2011.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-26689 Filed 10-14-11; 8:45 am]
BILLING CODE 4910-EX-P