Qualification of Drivers; Exemption Applications; Vision, 12813-12814 [2013-04187]

Download as PDF Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 9 applicants listed in the notice of December 17, 2012 (77 FR 74731). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 9 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement 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 provide 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, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. mstockstill on DSK4VPTVN1PROD with NOTICES Discussion of Comments FMCSA received no comments in this proceeding. Conclusion Based upon its evaluation of the 9 exemption applications, FMCSA exempts Sava Andjelich (IN), William Audinwood (NY), Keith E. Breeding (IN), Manual Chancey (FL), David L. Ellis (TX), Jack A. Hemelgarn (MN), Bobby L. Rupe (TX), Gary Wanek (NE), and Richard A. Wilt (OH) from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 not be consistent with the goals and objectives of 49 U.S.C. 31136 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: January 31, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–04193 Filed 2–22–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7363; FMCSA– 2002–12432; FMCSA–2002–12844; FMCSA– 2004–17984; FMCSA–2004–19477; FMCSA– 2006–26066; FMCSA–2008–0231; FMCSA– 2008–0266; FMCSA–2008–0340; FMCSA– 2009–0321; FMCSA–2010–0114; FMCSA– 2010–0187; FMCSA–2010–0327; FMCSA– 2010–0354; FMCSA–2010–0385] 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 19 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 February 25, 2013. Comments must be received on or before March 27, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [FMCSA–2000–7363; FMCSA–2002– 12432; FMCSA–2002–12844; FMCSA– 2004–17984; FMCSA–2004–19477; FMCSA–2006–26066; FMCSA–2008– 0231; FMCSA–2008–0266; FMCSA– 2008–0340; FMCSA–2009–0321; FMCSA–2010–0114; FMCSA–2010– 0187; FMCSA–2010–0327; FMCSA– 2010–0354; FMCSA–2010–0385], using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the DATES: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 12813 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. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from E:\FR\FM\25FEN1.SGM 25FEN1 12814 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices 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 19 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 19 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Jose C. Azuara (TX) ..................................................................................................................................................... Kenneth L. Bowers, Jr. (MN) ........................................................................................................................................ Eddie A. Branham (NC) ................................................................................................................................................ Timothy A. DeFrange (TX) ........................................................................................................................................... Andrew G. Fornsel (NY) ............................................................................................................................................... Wilfred J. Gagnon (VT) ................................................................................................................................................. Ricky G. Jacks (AL) ...................................................................................................................................................... Lester G. Kelley, II (OH) ............................................................................................................................................... Thomas D. Laws (IN) .................................................................................................................................................... Harry J. McSuley, Jr. (PA) ............................................................................................................................................ 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. 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 19 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 45821; 65 FR 77066; 67 FR 54525; 67 FR 68719; 68 FR 1654; 68 FR 2629; 68 FR 8794; 69 FR VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 33997; 69 FR 61293; 69 FR 64806; 69 FR 71098; 69 FR 71100; 70 FR 2705; 70 FR 8659; 71 FR 63380; 72 FR 1050; 72 FR 1054; 72 FR 184; 72 FR 5489; 73 FR 46973; 73 FR 51689; 73 FR 54888; 73 FR 63047; 73 FR 75803; 73 FR 78421; 73 FR 78422; 74 FR 6207; 74 FR 6209; 74 FR 981; 75 FR 1835; 75 FR 9482; 75 FR 34209; 75 FR 47883; 75 FR 47886; 75 FR 63255; 75 FR 65057; 75 FR 72863; 75 FR 77942; 75 79081; 75 FR 79083; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76 FR 5425; 76 FR 8809). Each of these 19 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 March 27, 2013. PO 00000 Frm 00101 Fmt 4703 Sfmt 9990 Dennis R. O’Dell, Jr. (OK). Jerry W. Parker (OH). Gary W. Phelps (PA). Billy R. Pierce (AL). Myriam Rodriguez (CA). Jules M. Sancho, Jr. (LA). Henry A. Shelton (AL). Kenneth J. Weaver (WY). Cameron R. Whitford (NY). 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: February 12, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–04187 Filed 2–22–13; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12813-12814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04187]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7363; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-
2004-17984; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0231; FMCSA-
2008-0266; FMCSA-2008-0340; FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-
2010-0187; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0385]


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 
19 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 February 25, 2013. Comments must be 
received on or before March 27, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [FMCSA-2000-7363; FMCSA-
2002-12432; FMCSA-2002-12844; FMCSA-2004-17984; FMCSA-2004-19477; 
FMCSA-2006-26066; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2008-0340; 
FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0187; FMCSA-2010-0327; 
FMCSA-2010-0354; FMCSA-2010-0385], 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

[[Page 12814]]

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 19 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 19 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Jose C. Azuara (TX).............  Dennis R. O'Dell, Jr. (OK).
Kenneth L. Bowers, Jr. (MN).....  Jerry W. Parker (OH).
Eddie A. Branham (NC)...........  Gary W. Phelps (PA).
Timothy A. DeFrange (TX)........  Billy R. Pierce (AL).
Andrew G. Fornsel (NY)..........  Myriam Rodriguez (CA).
Wilfred J. Gagnon (VT)..........  Jules M. Sancho, Jr. (LA).
Ricky G. Jacks (AL).............  Henry A. Shelton (AL).
Lester G. Kelley, II (OH).......  Kenneth J. Weaver (WY).
Thomas D. Laws (IN).............  Cameron R. Whitford (NY).
Harry J. McSuley, Jr. (PA)......  ......................................
------------------------------------------------------------------------

    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 19 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (65 FR 45821; 65 FR 77066; 67 FR 54525; 67 FR 68719; 68 FR 
1654; 68 FR 2629; 68 FR 8794; 69 FR 33997; 69 FR 61293; 69 FR 64806; 69 
FR 71098; 69 FR 71100; 70 FR 2705; 70 FR 8659; 71 FR 63380; 72 FR 1050; 
72 FR 1054; 72 FR 184; 72 FR 5489; 73 FR 46973; 73 FR 51689; 73 FR 
54888; 73 FR 63047; 73 FR 75803; 73 FR 78421; 73 FR 78422; 74 FR 6207; 
74 FR 6209; 74 FR 981; 75 FR 1835; 75 FR 9482; 75 FR 34209; 75 FR 
47883; 75 FR 47886; 75 FR 63255; 75 FR 65057; 75 FR 72863; 75 FR 77942; 
75 79081; 75 FR 79083; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76 FR 5425; 
76 FR 8809). Each of these 19 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 March 27, 2013.
    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: February 12, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-04187 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-EX-P
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