Driver Qualifications: Skill Performance Evaluation; Virginia Department of Motor Vehicles' Application for Exemption, 41187-41188 [2013-16461]

Download as PDF Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Notices Public Comments DEPARTMENT OF TRANSPORTATION Patty Cantagallo, MD, expressed her concern that applicant John Morris had indications of alcohol abuse in his medical data. The Agency did not include Mr. Morris in the final disposition. Dr. Cantagallo also indicated uncertainty with applicant Anthony Besch having unresolved ‘‘nighttime seizures.’’ Mr. Besch was excluded from final disposition. Federal Motor Carrier Safety Administration mstockstill on DSK4VPTVN1PROD with NOTICES Denials and Reasons • The following drivers were listed previously in Federal Register Notice FMCSA–2006–24278: Anthony Besch—We are unable to contact Mr. Besch by phone or through his former employer to ascertain his status. Charles Gant—Mr. Gant’s records indicated that he had suffered transient ischemic attacks (stroke), not epilepsy. John Morris—Mr. Morris’ file indicated that his seizure was induced by alcohol. • The following driver was previously listed in Federal Register Notice FMCSA–2006–25854: Daniel L. Pulse—Mr. Pulse may meet the criteria, but he has been unresponsive in attempts to certify the date of his last seizure and/or any antiseizure medication he is taking. • The following driver was previously listed in Federal Register FMCSA–2008–0355: Travis Williams—Mr. Williams has a diagnosis of epilepsy, and his last seizure was in 2008. He will have been seizure-free for 8 years, as required by the MEP guidelines, in 2016. He may reapply at that time. • The following driver was listed previously in Federal Register FMCSA 2010–0203: Leo Lombardio—Mr. Lombadrio had a loss of consciousness event related to a diagnosis of complex partial seizures in 2009. He does not meet the exemption criteria at this time. • The following driver was listed previously in Federal Register FMCSA 2011–0089: Richard Laqua—Mr. Laqua had a seizure in 2009 and does not currently meet the exemption criteria. Issued on: June 27, 2013. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2013–16460 Filed 7–8–13; 8:45 am] BILLING CODE 4910–EX–P VerDate Mar<15>2010 17:44 Jul 08, 2013 Jkt 229001 [Docket No. FMCSA–2013–0147] Driver Qualifications: Skill Performance Evaluation; Virginia Department of Motor Vehicles’ Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for public comment. AGENCY: FMCSA announces receipt of an application for exemption from the Virginia Department of Motor Vehicles (Virginia), on behalf of truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) certificate from FMCSA to operate commercial motor vehicles in interstate commerce. The exemption would enable Virginia-licensed drivers subject to the Federal SPE requirements under 49 CFR 391.49, to fulfill the Federal requirements with a State-issued SPE. The State-issued SPE would be based on standards, processes and procedures comparable to those used by FMCSA, and the State would maintain copies of all evaluation forms and certificates issued to enable FMCSA to conduct periodic reviews of the program. DATES: Comments must be received on or before August 8, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA–2013– 0147 by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to http:// www.regulations.gov, including any SUMMARY: PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 41187 personal information provided. Please see the ‘‘Privacy Act’’ heading for further information. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov or to Room W12– 140, DOT Building, 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 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 is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement for the FDMS published in the Federal Register published on January 17, 2008 (73 FR 3316) or you may visit http://edocket/access.gpo.gov/ 2008/pdf/E8-785.pdf. FOR FURTHER INFORMATION CONTACT: Ms. Eileen Nolan, Office of Carrier, Driver and Vehicle Safety, Medical Programs Division, (202) 366–4001, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or E:\FR\FM\09JYN1.SGM 09JYN1 41188 Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Notices class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Issued on: July 2, 2013. Larry W. Minor, Associate Administrator for Policy. Virginia’s Exemption Application Federal Motor Carrier Safety Administration The Virginia DMV is requesting an exemption from 49 CFR 391.49 concerning FMCSA’s SPE process for drivers who have experienced an impairment or loss of a limb, on behalf of commercial motor vehicle (CMV) drivers licensed in the Commonwealth of Virginia. Instead of requiring such drivers to apply to FMCSA for an SPE, Virginia would establish its own SPE program essentially identical to the current FMCSA program. Virginia would establish an application process modeled on the FMCSA process, and State personnel who have completed SPE training identical to that of FMCSA personnel currently administering the Federal SPE program would conduct the skill test following the same procedures and testing criteria used by FMCSA. If the driver passed the skill test, the State would issue the SPE certificate. Virginia would maintain records of applications, testing, and certificates issued for periodic review by FMCSA. An exemption granted under the authority of 49 U.S.C. 31315(b) preempts State laws and regulations that conflict with or are inconsistent with the exemption. If FMCSA decided to grant Virginia’s request, the exemption would amount to automatic Federal ratification of each State-issued SPE certificate and would therefore prohibit other jurisdictions from requiring a separate FMCSA-issued SPE. The Stateissued certificate would be treated as if it had been issued by FMCSA. Virginialicensed drivers who receive the Stateissued SPE would be allowed to operate CMVs in interstate commerce, anywhere in the United States. A copy of the exemption application is included in the docket. mstockstill on DSK4VPTVN1PROD with NOTICES Request for Comments FMCSA requests public comments on Virginia’s exemption application. The Agency will consider all comments submitted to the public docket referenced at the beginning of this notice and determine whether the exemption would achieve a level of safety equivalent to the Federal SPE process, and consistent with the statutory requirements for exemptions under 49 U.S.C. 31136(e) and 31315(b)(1). VerDate Mar<15>2010 17:44 Jul 08, 2013 Jkt 229001 [FR Doc. 2013–16461 Filed 7–8–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2013–0028] 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 25 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. 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 July 9, 2013. The exemptions expire on July 9, 2015. 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 http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 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 Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). Background On May 9, 2013, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (78 FR 27281). That notice listed 25 applicants’ case histories. The 25 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 25 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 have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive safely. The 25 exemption applicants E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41187-41188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16461]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0147]


Driver Qualifications: Skill Performance Evaluation; Virginia 
Department of Motor Vehicles' Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for public 
comment.

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SUMMARY: FMCSA announces receipt of an application for exemption from 
the Virginia Department of Motor Vehicles (Virginia), on behalf of 
truck and bus drivers who are licensed in the Commonwealth of Virginia 
and need a Skill Performance Evaluation (SPE) certificate from FMCSA to 
operate commercial motor vehicles in interstate commerce. The exemption 
would enable Virginia-licensed drivers subject to the Federal SPE 
requirements under 49 CFR 391.49, to fulfill the Federal requirements 
with a State-issued SPE. The State-issued SPE would be based on 
standards, processes and procedures comparable to those used by FMCSA, 
and the State would maintain copies of all evaluation forms and 
certificates issued to enable FMCSA to conduct periodic reviews of the 
program.

DATES: Comments must be received on or before August 8, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2013-0147 by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 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 acknowledgement 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 is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the FDMS published in the Federal 
Register published on January 17, 2008 (73 FR 3316) or you may visit 
http://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen Nolan, Office of Carrier, 
Driver and Vehicle Safety, Medical Programs Division, (202) 366-4001, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or

[[Page 41188]]

class of persons receiving the exemption, and the regulatory provision 
from which the exemption is granted. The notice must also specify the 
effective period and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.300(b)).

Virginia's Exemption Application

    The Virginia DMV is requesting an exemption from 49 CFR 391.49 
concerning FMCSA's SPE process for drivers who have experienced an 
impairment or loss of a limb, on behalf of commercial motor vehicle 
(CMV) drivers licensed in the Commonwealth of Virginia. Instead of 
requiring such drivers to apply to FMCSA for an SPE, Virginia would 
establish its own SPE program essentially identical to the current 
FMCSA program. Virginia would establish an application process modeled 
on the FMCSA process, and State personnel who have completed SPE 
training identical to that of FMCSA personnel currently administering 
the Federal SPE program would conduct the skill test following the same 
procedures and testing criteria used by FMCSA. If the driver passed the 
skill test, the State would issue the SPE certificate. Virginia would 
maintain records of applications, testing, and certificates issued for 
periodic review by FMCSA.
    An exemption granted under the authority of 49 U.S.C. 31315(b) 
preempts State laws and regulations that conflict with or are 
inconsistent with the exemption. If FMCSA decided to grant Virginia's 
request, the exemption would amount to automatic Federal ratification 
of each State-issued SPE certificate and would therefore prohibit other 
jurisdictions from requiring a separate FMCSA-issued SPE. The State-
issued certificate would be treated as if it had been issued by FMCSA. 
Virginia-licensed drivers who receive the State-issued SPE would be 
allowed to operate CMVs in interstate commerce, anywhere in the United 
States. A copy of the exemption application is included in the docket.

Request for Comments

    FMCSA requests public comments on Virginia's exemption application. 
The Agency will consider all comments submitted to the public docket 
referenced at the beginning of this notice and determine whether the 
exemption would achieve a level of safety equivalent to the Federal SPE 
process, and consistent with the statutory requirements for exemptions 
under 49 U.S.C. 31136(e) and 31315(b)(1).

    Issued on: July 2, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-16461 Filed 7-8-13; 8:45 am]
BILLING CODE 4910-EX-P