Qualification of Drivers; Exemption Applications; Vision, 38384-38386 [2012-15630]
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38384
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
These 23 applicants have had ITDM
over a range of 1 to 34 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the past 5
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the May 11,
2012, Federal Register notice and they
will not be repeated in this notice.
Discussion of Comments
FMCSA did not receive any
comments in this proceeding.
srobinson on DSK4SPTVN1PROD with NOTICES
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement 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 requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
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Jkt 226001
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.
Conclusion
Based upon its evaluation of the 23
exemption applications, FMCSA
exempts, Christopher M. Anderson
(AR), Matthew R. Bagwell (NY), Gary L.
Bradburn (VA), Eric J. Bright (IL), Jeffrey
M. Burgess, (MT), Robert Castaneda
(CA), Kyle D. Dale. (MO), Frank Glenn
(IL), Timothy T. Googleye, (MN), Jose D.
Gonzalez (CA), Patrick J. Hempel (TN),
Matthew M. Horgan, (MO), Mark C.
Lucy (IA), Richard M. McMahon (GA),
Kevin N. Mitchell (GA), Christopher J.
Parr (IN), Gerald Perkins (CA), Donald
L. Philpott (WA), John Randolph (OK),
Courtney R. Schiebout, Barry L. Schwab
(MI), Charles L. Spencer (NY), and
Curtis W. Stanley (NE) from the ITDM
requirement 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 the following occurs: (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
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
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: June 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–15632 Filed 6–26–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–6156; FMCSA–
2000–7006; FMCSA–2001–9561; FMCSA–
2001–10578; FMCSA–2001–11426; FMCSA–
2002–11714; FMCSA–2002–13411; FMCSA–
2003–16241; FMCSA–2003–16564; FMCSA–
2004–17195; FMCSA–2005–21711; FMCSA–
2005–22194; FMCSA–2005–23099; FMCSA–
2005–23238; FMCSA–2006–23773; FMCSA–
2006–24015; FMCSA–2006–24783; FMCSA–
2008–0021]
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 45
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 July 20,
2012. Comments must be received on or
before July 27, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–1999–6156; FMCSA–2000–
7006; FMCSA–2001–9561; FMCSA–
2001–10578; FMCSA–2001–11426;
FMCSA–2002–11714; FMCSA–2002–
13411; FMCSA–2003–16241; FMCSA–
2003–16564; FMCSA–2004–17195;
FMCSA–2005–21711; FMCSA–2005–
22194; FMCSA–2005–23099; FMCSA–
2005–23238; FMCSA–2006–23773;
FMCSA–2006–24015; FMCSA–2006–
DATES:
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srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
24783; FMCSA–2008–0021, 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:
Elaine M. Papp, Chief, Medical
Programs Division, 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.
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19:05 Jun 26, 2012
Jkt 226001
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 45 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
45 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Harold J. Bartley, Jr. (KY)
Delmas C. Bergdoll (WV)
Kenneth J. Bernard (LA)
Allen G. Bors (NE)
Brad T. Braegger (UT)
John E. Breslin (NV)
Scott F. Chalfant (DE)
Harvis P. Cosby (MD)
Ronald D. Danberry (MN)
Norman J. Day (FL)
Francisco Espinal (IN)
Daniel R. Franks (OH)
David W. Grooms (IN)
Walter D. Hague, Jr. (VA)
Spencer N. Haugen (ND)
William G. Hix (AR)
Ralph E. Holmes (MD)
Bruce A. Homan (WA)
Timothy B. Hummel (KY)
Frederick C. Ingles (WV)
Larry L. Jarvis (VA)
Michael S. Johannsen (IA)
Charles E. Johnston (MO)
Harry L. Jones (OH)
Mearl C. Kennedy (OH)
Aaron C. Lougher (OR)
William F. Mack (WA)
Patrick E. Martin (WA)
Bennet G. Maruska (MN)
Leland K. McAlhaney (IN)
Bobby G. Minton (NC)
Charles J. Morman (FL)
Larry A. Nienhuis (MI)
Corey L. Paraf (IL)
Ronald M. Price (MD)
John P. Raftis (FL)
Scott D. Russell (WI)
Alton M. Rutherford (FL)
Charles L. Schnell (FL)
Andrew W. Schollett (CO)
Joseph B. Shaw, Jr. (VA)
Wolfgang V. Spekis (MD)
Sandra J. Sperling (WA)
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
38385
Ryan K. Steelman (OR)
Duane L. Tysseling (IA)
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 requirements 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 45 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 54948; 65 FR 159;
65 FR 20245; 66 FR 30502; 66 FR 41654;
66 FR 53826; 66 FR 66966; 67 FR 10471;
67 FR 10475; 67 FR 15662; 67 FR 17102;
67 FR 19798; 67 FR 37907; 67 FR 76439;
68 FR 10298; 68 FR 44837; 68 FR 61857;
68 FR 69434; 68 FR 74699; 68 FR 75715;
69 FR 8260; 69 FR 10503; 69 FR 17263;
69 FR 17267; 69 FR 19611; 69 FR 26206;
69 FR 26921; 69 FR 31447; 70 FR 41811;
70 FR 48797; 70 FR 57353; 70 FR 61493;
70 FR 72689; 70 FR 74102; 71 FR 646;
71 FR 4194; 71 FR 5105; 71 FR 6824; 71
FR 6826; 71 FR 6828; 71 FR 6829; 71 FR
13450; 71 FR 14567; 71 FR 16410; 71 FR
19600; 71 FR 19602; 71 FR 19604; 71 FR
26601; 71 FR 26602; 71 FR 27033; 71 FR
30229; 71 FR 32183; 71 FR 41310; 72 FR
52423; 73 FR 11989; 73 FR 15567; 73 FR
27017; 73 FR 27018; 73 FR 28187; 73 FR
36955; 75 FR 36778; 75 FR 36779). Each
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38386
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
of these 45 applicants has requested
renewal of the exemption and has
submitted evidence showing that the
vision in the better eye continues to
meet the requirement 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
requirements. 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 27,
2012.
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 45
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
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
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: June 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–15630 Filed 6–26–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0104]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt eight individuals
from the vision requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs). The exemptions
will enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. The Agency has concluded that
granting these exemptions will provide
a level of safety that is equivalent to or
greater than the level of safety
maintained without the exemptions for
these CMV drivers.
DATES: The exemptions are effective
June 27, 2012. The exemptions expire
on June 27, 2014.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (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:
SUMMARY:
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
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
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgement 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.
Background
On May 11, 2012, FMCSA published
a notice of receipt of exemption
applications from certain individuals,
and requested comments from the
public (77 FR 27847). That notice listed
eight applicants’ case histories. The
eight individuals applied for
exemptions from the vision requirement
in 49 CFR 391.41(b)(10), for drivers who
operate CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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 statute also
allows the Agency to renew exemptions
at the end of the 2-year period.
Accordingly, FMCSA has evaluated the
eight applications on their merits and
made a determination to grant
exemptions to each of them.
Vision and Driving Experience of the
Applicants
The vision requirement in the
FMCSRs provides:
A person is physically qualified to
drive a commercial motor vehicle if that
person has distant visual acuity of at
least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of a least
20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing requirement red, green, and
amber (49 CFR 391.41(b)(10)).
FMCSA recognizes that some drivers
do not meet the vision requirement but
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]]>Agencies
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38384-38386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15630]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6156; FMCSA-2000-7006; FMCSA-2001-9561; FMCSA-
2001-10578; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-13411;
FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-21711;
FMCSA-2005-22194; FMCSA-2005-23099; FMCSA-2005-23238; FMCSA-2006-23773;
FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2008-0021]
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
45 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 July 20, 2012. Comments must be
received on or before July 27, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-1999-6156; FMCSA-
2000-7006; FMCSA-2001-9561; FMCSA-2001-10578; FMCSA-2001-11426; FMCSA-
2002-11714; FMCSA-2002-13411; FMCSA-2003-16241; FMCSA-2003-16564;
FMCSA-2004-17195; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-23099;
FMCSA-2005-23238; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-
[[Page 38385]]
24783; FMCSA-2008-0021, 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 Division, 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 45 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 45 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Harold J. Bartley, Jr. (KY)
Delmas C. Bergdoll (WV)
Kenneth J. Bernard (LA)
Allen G. Bors (NE)
Brad T. Braegger (UT)
John E. Breslin (NV)
Scott F. Chalfant (DE)
Harvis P. Cosby (MD)
Ronald D. Danberry (MN)
Norman J. Day (FL)
Francisco Espinal (IN)
Daniel R. Franks (OH)
David W. Grooms (IN)
Walter D. Hague, Jr. (VA)
Spencer N. Haugen (ND)
William G. Hix (AR)
Ralph E. Holmes (MD)
Bruce A. Homan (WA)
Timothy B. Hummel (KY)
Frederick C. Ingles (WV)
Larry L. Jarvis (VA)
Michael S. Johannsen (IA)
Charles E. Johnston (MO)
Harry L. Jones (OH)
Mearl C. Kennedy (OH)
Aaron C. Lougher (OR)
William F. Mack (WA)
Patrick E. Martin (WA)
Bennet G. Maruska (MN)
Leland K. McAlhaney (IN)
Bobby G. Minton (NC)
Charles J. Morman (FL)
Larry A. Nienhuis (MI)
Corey L. Paraf (IL)
Ronald M. Price (MD)
John P. Raftis (FL)
Scott D. Russell (WI)
Alton M. Rutherford (FL)
Charles L. Schnell (FL)
Andrew W. Schollett (CO)
Joseph B. Shaw, Jr. (VA)
Wolfgang V. Spekis (MD)
Sandra J. Sperling (WA)
Ryan K. Steelman (OR)
Duane L. Tysseling (IA)
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 requirements 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 45 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 54948; 65 FR 159; 65 FR 20245; 66 FR 30502; 66 FR
41654; 66 FR 53826; 66 FR 66966; 67 FR 10471; 67 FR 10475; 67 FR 15662;
67 FR 17102; 67 FR 19798; 67 FR 37907; 67 FR 76439; 68 FR 10298; 68 FR
44837; 68 FR 61857; 68 FR 69434; 68 FR 74699; 68 FR 75715; 69 FR 8260;
69 FR 10503; 69 FR 17263; 69 FR 17267; 69 FR 19611; 69 FR 26206; 69 FR
26921; 69 FR 31447; 70 FR 41811; 70 FR 48797; 70 FR 57353; 70 FR 61493;
70 FR 72689; 70 FR 74102; 71 FR 646; 71 FR 4194; 71 FR 5105; 71 FR
6824; 71 FR 6826; 71 FR 6828; 71 FR 6829; 71 FR 13450; 71 FR 14567; 71
FR 16410; 71 FR 19600; 71 FR 19602; 71 FR 19604; 71 FR 26601; 71 FR
26602; 71 FR 27033; 71 FR 30229; 71 FR 32183; 71 FR 41310; 72 FR 52423;
73 FR 11989; 73 FR 15567; 73 FR 27017; 73 FR 27018; 73 FR 28187; 73 FR
36955; 75 FR 36778; 75 FR 36779). Each
[[Page 38386]]
of these 45 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the requirement 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 requirements. 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 27, 2012.
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 45 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: June 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-15630 Filed 6-26-12; 8:45 am]
BILLING CODE 4910-EX-P
