Qualification of Drivers; Exemption Applications; Vision, 46153-46154 [2012-18908]
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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
2006–24015; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2010–0082]
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 48
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
DATES: This decision is effective August
18, 2012. Comments must be received
on or before September 4, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–1998–4334; FMCSA–2006–
24015; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2010–0082, 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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:15 Aug 01, 2012
Jkt 226001
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.
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 48 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
48 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Catarino Aispuro (OR)
Gary R. Andersen (NE)
Edwin A. Betz (IN)
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
46153
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Stephen B. Copeland (GA)
Armando P. D’Angeli (PA)
Donald R. Davis (FL)
Louis A. DiPasqua, Jr. (NY)
Henry L. Donivan (WV)
Randy J. Doran (OR)
Robert E. Dukes (MS)
Roger D. Elders (MI)
James F. Epperson (IN)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kelly L. Foster (UT)
Kevin K. Friedel (NY)
Donald W. Garner (AL)
Paul W. Goebel, Jr. (NY)
Ronnie L. Hanback (AL)
Steven G. Harter (OR)
Michael C. Hensley (OH)
George F. Hernandez, Jr. (AZ)
Scott A. Hillman (PA)
Jesse P. Jamison (TN)
Ronnie M. Jones (ID)
Andrew C. Kelly (WV)
Jason W. King (MT)
James T. Leek (WA)
Billy J. Lewis (LA)
Larry McCoy, Sr. (OH)
Robert W. McMillian, Sr. (MA)
Richard A. Peterson (OR)
Chad M. Quarles (AL)
Carroll G. Quisenberry (KY)
Daniel S. Rebstad (FL)
Ryan J. Reimann (WI)
Jacob H. Riggle (OK)
Brandon J. See (IA)
Ricky L. Shepler (PA)
LeTroy D. Sims (SC)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Aaron E. Wright (MI)
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
E:\FR\FM\02AUN1.SGM
02AUN1
46154
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Notices
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.
mstockstill on DSK4VPTVN1PROD 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 48 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (63 FR 66227; 64 FR
16520; 71 FR 14567; 71 FR 30228; 73 FR
28187; 73 FR 35195; 73 FR 35196; 73 FR
35197; 73 FR 35198; 73 FR 35199; 73 FR
35200; 73 FR 35201; 73 FR 38497; 73 FR
38498; 73 FR 38499; 73 FR 48273; 73 FR
48275; 75 FR 25919; 75 FR 39729; 75 FR
44051). Each of these 48 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 September
4, 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
VerDate Mar<15>2010
18:15 Aug 01, 2012
Jkt 226001
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 48
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Issued on: July 26, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–18908 Filed 8–1–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Announcing the Twentieth Public
Meeting of the Crash Injury Research
and Engineering Network (CIREN)
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Meeting Announcement.
AGENCY:
This notice announces the
Twentieth Public Meeting of members
of the Crash Injury Research and
Engineering Network. CIREN is a
collaborative effort to conduct research
on crashes and injuries at six Level I
Trauma Centers across the United States
linked by a computer network. The
current CIREN model utilizes two types
of centers, medical and engineering.
Medical centers are based at Level I
Trauma Centers that admit large
numbers of people injured in motor
vehicle crashes. These teams are led by
trauma surgeons and emergency
SUMMARY:
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
physicians and also include a crash
investigator and project coordinator.
Engineering centers are based at
academic engineering laboratories that
have experience in motor vehicle crash
and human injury research. Engineering
teams partner with trauma centers to
enroll crash victims into the CIREN
program. Engineering teams are led by
mechanical engineers, typically trained
in the area of impact biomechanics.
Engineering teams also include trauma/
emergency physicians, a crash
investigator, and a project coordinator.
Either type of team typically includes
additional physicians and/or engineers,
epidemiologists, nurses, and other
researchers. The CIREN process
combines prospective data collection
with professional multidisciplinary
analysis of medical and engineering
evidence to determine injury causation
in every crash investigation conducted.
Researchers can review data and share
expertise, which may lead to a better
understanding of crash injury
mechanisms and the design of safer
vehicles.
The six centers will give presentations
on current research based on CIREN
data. Topics include thoraco-lumbar
fractures in frontal crashes, risk of
pelvic fractures in motor vehicle
collisions, trauma system adoption of
Advanced Automatic Collision
Notification (AACN) Systems, lower
extremity injury patterns sustained in
frontal crashes, evaluation of brain
lesion location sustained in motor
vehicle crashes, and major vascular
injuries.
The final agenda will be posted to the
CIREN Web site that can be accessed by
going to the NHTSA homepage https://
www.nhtsa.dot.gov/, click on Vehicle
Safety Research on the right side of the
top toolbar, and then click on Crash
Injury Research and Engineering
Network (CIREN) in the box on the left.
The agenda will be posted one week
prior to the meeting.
DATE AND TIME: The meeting is
scheduled from 9 a.m. to 4 p.m. on
Wednesday, September 5, 2012.
ADDRESSES: The meeting will be held at:
Department of Transportation
Headquarters, Oklahoma Room,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
TO REGISTER FOR THIS EVENT: It is
essential that you pre-register to
expedite the security process for entry
to the meeting facility. Please send your
name, affiliation, phone number, and
email address to Rodney.Rudd@dot.gov
by Thursday, August 30, 2012, in order
to have your name added to the preregistration list. Everyone must have a
E:\FR\FM\02AUN1.SGM
02AUN1
]]>Agencies
[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Notices]
[Pages 46153-46154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18908]
[[Page 46153]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1998-4334; FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-
2008-0174; FMCSA-2010-0082]
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
48 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.
DATES: This decision is effective August 18, 2012. Comments must be
received on or before September 4, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-1998-4334; FMCSA-
2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2010-0082, 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 48 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 48 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Catarino Aispuro (OR)
Gary R. Andersen (NE)
Edwin A. Betz (IN)
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Stephen B. Copeland (GA)
Armando P. D'Angeli (PA)
Donald R. Davis (FL)
Louis A. DiPasqua, Jr. (NY)
Henry L. Donivan (WV)
Randy J. Doran (OR)
Robert E. Dukes (MS)
Roger D. Elders (MI)
James F. Epperson (IN)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kelly L. Foster (UT)
Kevin K. Friedel (NY)
Donald W. Garner (AL)
Paul W. Goebel, Jr. (NY)
Ronnie L. Hanback (AL)
Steven G. Harter (OR)
Michael C. Hensley (OH)
George F. Hernandez, Jr. (AZ)
Scott A. Hillman (PA)
Jesse P. Jamison (TN)
Ronnie M. Jones (ID)
Andrew C. Kelly (WV)
Jason W. King (MT)
James T. Leek (WA)
Billy J. Lewis (LA)
Larry McCoy, Sr. (OH)
Robert W. McMillian, Sr. (MA)
Richard A. Peterson (OR)
Chad M. Quarles (AL)
Carroll G. Quisenberry (KY)
Daniel S. Rebstad (FL)
Ryan J. Reimann (WI)
Jacob H. Riggle (OK)
Brandon J. See (IA)
Ricky L. Shepler (PA)
LeTroy D. Sims (SC)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Aaron E. Wright (MI)
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
[[Page 46154]]
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 48 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66227; 64 FR 16520; 71 FR 14567; 71 FR 30228; 73 FR
28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199;
73 FR 35200; 73 FR 35201; 73 FR 38497; 73 FR 38498; 73 FR 38499; 73 FR
48273; 73 FR 48275; 75 FR 25919; 75 FR 39729; 75 FR 44051). Each of
these 48 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 September 4, 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 48 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.
Issued on: July 26, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-18908 Filed 8-1-12; 8:45 am]
BILLING CODE 4910-EX-P
