Qualification of Drivers; Exemption Applications; Vision, 30954-30956 [2013-12357]
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
Dated: May 20, 2013.
Faye Lipsky,
Reports Clearance Director, Social Security
Administration.
[FR Doc. 2013–12259 Filed 5–22–13; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA 2013–0058]
Agency Information Collection
Activities; Revision of a Currently
Approved Collection: Driver
Qualification Files
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
‘‘Driver Qualification (DQ) Files’’ to the
Office of Management and Budget
(OMB) for its review and approval.
Motor carriers must maintain a DQ file
on each employee-driver and document
therein that the individual meets the
minimum qualification requirements for
a driver of commercial motor vehicles
(CMVs) in interstate commerce. The
Agency’s estimate of the number of
drivers subject to these requirements
has been revised to exclude any
consideration of drivers and motor
carriers operating exclusively in
intrastate commerce. In addition, this
revision request includes an updated
estimate of the interstate drivers and an
increase in the estimated annual burden
hours for this ICR. The bulk of the
increase in burden hours is the result of
a more accurate Agency estimate of the
number of job openings for CMV drivers
offered each year. On March 5, 2013,
FMCSA published a Federal Register
notice allowing for a 60-day comment
period on this ICR. The agency received
five comments in response to that
notice.
Please send your comments to
this notice by June 24, 2013. OMB must
receive your comments by this date to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2013–0058. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
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Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to
oira_submission@omb.eop.gov, faxed to
(202) 395–6974, or mailed to the Office
of Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Telephone: 202–366–4325. Email:
MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Driver Qualification Files.
OMB Control Number: 2126–0004.
Type of Request: Revision of a
currently approved ICR.
Respondents: Motor carriers and
drivers of commercial motor vehicles.
Estimated Number of Respondents:
46,900,000.
Estimated Time per Response: 30
minutes (average).
Expiration Date: May 31, 2013.
Frequency of Response: Responses to
some regulatory requirements of the
driver qualification rules occur on a
random basis. Other responses occur
more predictably. Some responses recur;
others do not. For example, motor
carriers are required to obtain and
review the motor vehicle driving record
of their drivers from the State of
licensure. They must complete this task
at the time of hiring and again every
year thereafter. The time-of-hiring
requirement results in a random
frequency of response, but, thereafter,
the annual requirement results in a
fixed frequency of response.
Estimated Total Annual Burden:
5,800,000 hours [5,400,000 hours for
driver hiring + 300,000 hours for annual
review of driver qualifications + 100,000
hours for driver review and rebuttal of
safety performance history = 5,800,000].
Background
The Motor Carrier Safety Act of 1984
[Pub. L. 98–554, Title II, 98 Stat. 2832
(October 30, 1984)] requires the
Secretary of Transportation to issue
regulations pertaining to CMV safety.
These regulations are also issued under
the authority provided by 49 U.S.C. 504,
31133, 31136, and 31502. Part 391 of
volume 49 of the Code of Federal
Regulations (CFR) contains the
qualification requirements for drivers of
CMVs in interstate commerce.
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Motor carriers may not require or
permit an unqualified driver to operate
a CMV (49 CFR 391.11). The foremost
proof of driver qualification is the
information that part 391 requires be
collected and maintained in the DQ file
(49 CFR 391.51). Motor carriers must
obtain this information from sources
specified in the regulations. These
include the driver, previous employers
of the driver, and officials of the State
of driver licensure.
Motor carriers are not required to
forward driver qualification information
to FMCSA, but must maintain the
information in a DQ file. The DQ file
must be updated annually (49 CFR
391.25). The DQ file of each driver must
be made available to State and Federal
safety investigators on demand.
This request for OMB approval revises
the Agency’s previous Paperwork
Reduction Act estimate of the
information collection burden of the DQ
file requirements.
Public Comments Invited
FMCSA requests that you comment
on any aspect of this information
collection, including: (1) Whether the
proposed collection is necessary for
FMCSA to perform its functions, (2) the
accuracy of the estimated burden, (3)
ways for the FMCSA to enhance the
quality, usefulness, and clarity of the
collected information, and (4) ways that
the burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: May 14, 2013.
G. Kelly Leone,
Associate Administrator, Office of Research
and Information Technology and Chief
Information Officer.
[FR Doc. 2013–12355 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7918; 2002–
13411; 2003–14504; 2006–26066; 2008–
0231]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
SUMMARY: FMCSA announces its
decision to renew the exemptions from
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
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.
This decision is effective June 4,
2013. Comments must be received on or
before June 24, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2000–7918; 2002–
13411; 2003–14504; 2006–26066; 2008–
0231], 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.
sroberts on DSK5SPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
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 Federal Docket
Management System (FDMS) published
in the Federal Register on January 17,
2008 (73 FR 3316).
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 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:
Rickie L. Boone (NC)
Michael C. Boyne (FL)
Timothy H. DuBois (MN)
Alf M. Gronstedt (TX)
Dennis K. Harris (GA)
Donald E. Howell (PA)
Timothy T. Hudson (VA)
William D. Johnson (OK)
Phillip L. Mangen (OH)
Tommy R. Masterson (OR)
Clarence M. Miles (OK)
Steven M. Montalbo (CA)
Randel G. Pierce (WI)
Vincent Rubino (NJ)
Randy G. Spilman (OH)
Thomas S. Thompson (NE)
Robert A. Wegner (MN)
The exemptions are extended subject
to the following conditions: (1) that each
individual has a physical examination
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30955
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 17 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 66286; 66 FR
13825; 67 FR 76439; 68 FR 10298; 68 FR
13360; 68 FR 19598; 68 FR 33570; 70 FR
25878; 71 FR 63379; 72 FR 1050; 72 FR
28093; 73 FR 54888; 73 FR 46973; 74 FR
19270; 74 FR 20253; 76 FR 25762; 76
29026). 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 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
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
equal to that existing without the
exemption.
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Request for Comments
[Docket Number FRA–2013–0039]
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 June 24,
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 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.
sroberts on DSK5SPTVN1PROD with NOTICES
Issued on: May 15, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–12357 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by documents dated April 2,
2013, and April 24, 2013, the City of
Burlington, WI (City), and Wisconsin
Central Ltd. (WCL) have jointly
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 222, Use of
Locomotive Horns at Public HighwayRail Grade Crossings. FRA assigned the
petition Docket Number FRA–2013–
0039.
The City and CL (jointly referred to as
Petitioners) seek a waiver from the
requirements of 49 CFR
222.41(c)(2)(i)(B), which provides that a
detailed plan for quiet zone
improvements must be filed with FRA
by June 24, 2008, in order to continue
existing locomotive horn restrictions.
The Petitioners also seek a waiver from
the requirements of 49 CFR 222.41(c)(3),
which provides that locomotive horn
restrictions may continue until June 24,
2013, for a pre-rule quiet zone that was
not able to be established by automatic
approval, had been continued under the
provisions of 49 CFR 222.31(c)(1) and
49 CFR 222.31(c)(2), and for which the
State agency had provided a
comprehensive statewide
implementation plan. Specifically, the
Petitioners request that the City be
granted permission to correct the
detailed plan that FRA has on file. The
Petitioners also wish to retain the
present locomotive horn restriction as
trains approach the public highway-rail
grade crossings at Roberts Street (DOT
#689851C), Adams Street (DOT
#689853R), Jefferson Street (DOT
#689854X), Milwaukee Avenue (DOT
#689857T), and Chestnut Street (DOT
#689856L) until June 24, 2015.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
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comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by July 8,
2013 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as is practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). See https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC, on May 20,
2013.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2013–12352 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD–2013–0022]
Cruise Vessel Security and Safety
Training Provider Certification
Maritime Administration,
Department of Transportation.
ACTION: Notice of Proposed New Policy.
AGENCY:
SUMMARY: This notice provides
interested parties with the opportunity
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]]>Agencies
[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30954-30956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12357]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7918; 2002-13411; 2003-14504; 2006-26066; 2008-
0231]
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
[[Page 30955]]
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 June 4, 2013. Comments must be
received on or before June 24, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7918; 2002-13411; 2003-14504; 2006-26066; 2008-0231], 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 Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
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 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:
Rickie L. Boone (NC)
Michael C. Boyne (FL)
Timothy H. DuBois (MN)
Alf M. Gronstedt (TX)
Dennis K. Harris (GA)
Donald E. Howell (PA)
Timothy T. Hudson (VA)
William D. Johnson (OK)
Phillip L. Mangen (OH)
Tommy R. Masterson (OR)
Clarence M. Miles (OK)
Steven M. Montalbo (CA)
Randel G. Pierce (WI)
Vincent Rubino (NJ)
Randy G. Spilman (OH)
Thomas S. Thompson (NE)
Robert A. Wegner (MN)
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 17 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 66286; 66 FR 13825; 67 FR 76439; 68 FR 10298; 68 FR
13360; 68 FR 19598; 68 FR 33570; 70 FR 25878; 71 FR 63379; 72 FR 1050;
72 FR 28093; 73 FR 54888; 73 FR 46973; 74 FR 19270; 74 FR 20253; 76 FR
25762; 76 29026). 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 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
[[Page 30956]]
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 June 24, 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 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: May 15, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-12357 Filed 5-22-13; 8:45 am]
BILLING CODE 4910-EX-P
