Qualification of Drivers; Exemption Applications; Vision, 57677-57679 [2013-22775]
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Notices
Petition for Exemption
Docket No.: FAA–2013–0758.
Petitioner: Embry-Riddle Aeronautical
University.
Section of 14 CFR Affected: 14 CFR
61.160 (b)(3)(i) and (ii).
Description of Relief Sought: EmbryRiddle Aeronautical University (EmbryRiddle) is requesting relief for students
who matriculated into the university’s
Aeronautical Science degree program
before the start of the 2012 academic
year, who subsequently completed their
instrument and/or commercial training
under part 142 at Embry-Riddle to be
eligible for the restricted privileges
airline transport pilot (ATP) certificate
in accordance with § 61.160(b) and (d).
[FR Doc. 2013–22748 Filed 9–18–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Submission Deadline for
Schedule Information for O’Hare
International Airport, San Francisco
International Airport, John F. Kennedy
International Airport, and Newark
Liberty International Airport for the
Summer 2014 Scheduling Season
Federal Aviation
Administration (FAA), Department of
Transportation.
AGENCY:
ACTION:
Notice of submission deadline.
Under this notice, the FAA
announces the submission deadline of
October 10, 2013, for summer 2014
flight schedules at Chicago’s O’Hare
International Airport (ORD), San
Francisco International Airport (SFO),
New York’s John F. Kennedy
International Airport (JFK), and Newark
Liberty International Airport (EWR) in
accordance with the International Air
Transport Association (IATA)
Worldwide Slot Guidelines. The
deadline coincides with the schedule
submission deadline for the IATA Slots
Conference for the summer 2014
scheduling season.
SUMMARY:
The FAA
has designated ORD as an IATA Level
2 airport, SFO as a Level 2 airport, JFK
as a Level 3 airport, and EWR as a Level
3 airport. Scheduled operations at JFK
and EWR are currently limited by FAA
Orders until a final Slot Management
and Transparency Rule for LaGuardia
Airport, John F. Kennedy International
Airport, and Newark Liberty
International Airport (RIN 2120–AJ89)
tkelley on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
17:27 Sep 18, 2013
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57677
becomes effective but not later than
October 24, 2014.1
The FAA is primarily concerned
about planned passenger and cargo
operations during peak hours, but
carriers may submit schedule plans for
the entire day. At ORD, the peak hours
are 0700 to 2100 Central Time (1200 to
0200 UTC), at SFO from 0600 to 2300
Pacific Time (1300 to 0600 UTC), and at
EWR and JFK from 0600 to 2300 Eastern
Time (1000 to 0300 UTC). Carriers
should submit schedule information in
sufficient detail including, at minimum,
the operating carrier, flight number,
scheduled time of operation, frequency,
and effective dates. IATA standard
schedule information format and data
elements (Standard Schedules
Information Manual or SSIM) may be
used.
The U.S. summer scheduling season
for these airports is from March 30,
2014, through October 25, 2014, in
recognition of the IATA northern
summer period. The FAA understands
there may be differences in slot times
due to different U.S. daylight saving
time dates and will accommodate these
differences to the extent possible.
At EWR, there will be runway
construction in summer 2014 that will
impact airport operations and runway
capacity. Runway 4L/22R will close
from April 1 through June 1, 2014, and
from September 20 through September
30, 2014. Runway 11/29 will close June
1 through 15, 2014, for construction at
the intersection of runway 4L/22R.
Runway 4L/22R will be open during
that period with reduced length.
Nighttime and weekend closures of
Runway 4L/22R will occur until late
2014. Modeling suggests that delay
impacts may be significant at the typical
demand levels, especially when
available runways or adverse weather
conditions limit capacity. The Port
Authority of New York and New Jersey,
the FAA, and stakeholders have been
meeting to determine ways to improve
operations and mitigate delays to the
extent possible. The FAA has issued a
limited waiver of the minimum slot
usage requirement to encourage carriers
to temporarily reduce operations
without losing historical precedence for
slots. The FAA will work with carriers
to potentially retime flights to less
congested periods. Slots for new flights
will be limited to off-peak times to
avoid adding to congestion during the
construction.
At SFO, there will be runway
construction in summer 2014. Runways
1R/19L and 1L/19R will close from May
17 through September 28, 2014. FAA
modeling suggests modest delay
increases and operational impacts based
on existing schedules and projected
airport runway capacity during the
construction. The airport operator, FAA,
and stakeholders have been meeting
regularly to identify ways to improve
efficiency, develop operational plans,
and mitigate delays to the extent
possible. Currently, the peak demand
period at SFO is approximately 0900 to
1400 Pacific Time. In order to reduce
potential congestion and delays, carriers
are encouraged to consider other hours
for new summer 2014 flights and limit
plans for new flights. Carriers may also
consider whether it is possible to
reschedule some flights to less
congested hours, use larger aircraft or
frequency adjustments in some markets,
and temporarily reduce schedules. The
FAA will work with carriers through the
Level 2 schedule facilitation process to
identify ways to reduce congestion.
DATES: Schedules must be submitted no
later than October 10, 2013.
ADDRESSES: Schedules may be
submitted by mail to the Slot
Administration Office, AGC–200, Office
of the Chief Counsel, 800 Independence
Avenue SW., Washington, DC 20591;
facsimile: 202–267–7277; or by email to:
7-AWA-slotadmin@faa.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Hawks, Office of the Chief
Counsel, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone number: 202–267–7143; fax
number: 202–267–7971; email:
rob.hawks@faa.gov.
1 Operating Limitations at John F. Kennedy
International Airport, 73 FR 3510 (Jan. 18, 2008) as
amended 78 FR 28276 (May 14, 2013); Operating
Limitations at Newark Liberty International Airport,
73 FR 29550 (May 21, 2008) as amended 78 FR
28280 (May 14, 2013).
Qualification of Drivers; Exemption
Applications; Vision
PO 00000
Frm 00061
Fmt 4703
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Issued in Washington, DC, on September
13, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for
International Law, Legislation, and
Regulations.
[FR Doc. 2013–22810 Filed 9–18–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–8398; FMCSA–
2001–9258; FMCSA–2003–14504; FMCSA–
2005–20027; FMCSA–2005–20560]
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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57678
Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Notices
Notice of renewal of
exemptions; request for comments.
ACTION:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 5
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 August
30, 2013. Comments must be received
on or before October 21, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2000–8398;
FMCSA–2001–9258; FMCSA–2003–
14504; FMCSA–2005–20027; FMCSA–
2005–20560], 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
tkelley on DSK3SPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
17:27 Sep 18, 2013
Jkt 229001
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).
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 5 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
5 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Edmund J. Barron (PA)
Darryl D. Cassatt (IA)
Roger K. Cox (NJ)
Myron D. Dixon (TX)
Thomas E. Howard (IN)
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
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
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 5 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 78256; 66 FR
16311; 66 FR 17743; 66 FR 33990; 68 FR
13360; 68 FR 19598; 68 FR 33570; 68 FR
35772; 70 FR 2701; 70 FR 16887; 70 FR
17504; 70 FR 25878; 70 FR 30997; 70 FR
33937; 70 FR 37891; 72 FR 27624; 72 FR
32705; 72 FR 34062; 74 FR 26464; 74 FR
26471; 76 FR 34133; 76 FR 34135). Each
of these 5 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
E:\FR\FM\19SEN1.SGM
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Notices
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 October 21,
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 5
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: September 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–22775 Filed 9–18–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5748; FMCSA–
2000–8398; FMCSA–2005–20560; FMCSA–
2006–26653; FMCSA–2007–0071; FMCSA–
2008–0398]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
VerDate Mar<15>2010
17:27 Sep 18, 2013
Jkt 229001
Notice of renewal of
exemptions; request for comments.
ACTION:
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
September 9, 2013. Comments must be
received on or before October 21, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–1999–5748;
FMCSA–2000–8398; FMCSA–2005–
20560; FMCSA–2006–26653; FMCSA–
2007–0071; FMCSA–2008–0398], 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
DATES:
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
57679
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).
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 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:
Michael W. Anderson (NM)
Michael R. Bradford (MD)
Denise M. Engle (GA)
Wade M. Hillmer (MN)
Clifford E. Masink (OH)
Felix L. McLean (NM)
John P. Perez (FL)
Scott K. Richardson (OH)
Kyle C. Shover (NJ)
Robert G. Springer (IL)
William E. Beckley (MD)
John J. Caricola, Jr. (NC)
Michael A. Hildebrand (PA)
Michael W. Jensen (CA)
Michael J. McGregan (FL)
E:\FR\FM\19SEN1.SGM
19SEN1
Agencies
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Pages 57677-57679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22775]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-
2005-20027; FMCSA-2005-20560]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 57678]]
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
5 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 30, 2013. Comments must be
received on or before October 21, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2005-
20560], 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 5 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 5 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Edmund J. Barron (PA)
Darryl D. Cassatt (IA)
Roger K. Cox (NJ)
Myron D. Dixon (TX)
Thomas E. Howard (IN)
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 5 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 78256; 66 FR 16311; 66 FR 17743; 66 FR 33990; 68 FR
13360; 68 FR 19598; 68 FR 33570; 68 FR 35772; 70 FR 2701; 70 FR 16887;
70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 33937; 70 FR 37891; 72 FR
27624; 72 FR 32705; 72 FR 34062; 74 FR 26464; 74 FR 26471; 76 FR 34133;
76 FR 34135). Each of these 5 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
[[Page 57679]]
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 October 21, 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 5 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: September 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-22775 Filed 9-18-13; 8:45 am]
BILLING CODE 4910-EX-P