Qualification of Drivers; Exemption Applications; Vision, 62938-62940 [2013-24687]
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62938
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices
vision will not impair his ability to
operate a commercial vehicle.’’ Mr.
Strickland reported that he has driven
straight trucks for 10 years,
accumulating 3,500 miles. He holds a
Class B CDL from Washington. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Eric Taniguchi
Mr. Taniguchi, 54, has had Harada’s
disease in his left eye since 1984. The
visual acuity in his right eye is 20/15,
and in his left eye, no light perception.
Following an examination in 2012, his
ophthalmologist noted, ‘‘It is my
medical opinion that Mr. Taniguchi has
sufficient vision to operate any vehicle
or equipment.’’ Mr. Taniguchi reported
that he has driven straight trucks for 5
years, accumulating 50,000 mile, and
tractor-trailer combinations for 23 years,
accumulating 230,000. He holds an
operator’s license from Hawaii. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Stephen G. Vermilya
Mr. Vermilya, 59, has had amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/100. Following an
examination in 2013, his optometrist
noted, ‘‘In my opinion, the patient has
sufficient vision to continue performing
the drive [sic] tasks required to operate
a commercial vehicle.’’ Mr. Vermilya
reported that he has driven straight
trucks for 40 years, accumulating 1.2
million miles, and tractor-trailer
combinations for 40 years, accumulating
1.2 million miles. He holds a Class AM
CDL from Pennsylvania. His driving
record for the last 3 years shows no
crashes and one conviction for a moving
violation in a CMV; he disregarded a
traffic lane signal.
sroberts on DSK5SPTVN1PROD with FRONT MATTER
Cesar Villa
Mr. Villa, 44, has had central scotoma
in his left eye since 2009. The visual
acuity in his right eye is 20/20, and in
his left eye, counting fingers. Following
an examination in 2013, his
ophthalmologist noted, ‘‘The patient
presents with CNV to the left eye and
presents stable and has sufficient vision
to operate a commercial vehicle.’’ Mr.
Villa reported that he has driven straight
trucks for 8 years, accumulating 440,000
miles, tractor-trailer combinations for 8
years, accumulating 520,000, and buses
for 4 months, accumulating 6000 miles.
He holds an operator’s license from New
Mexico. His driving record for the last
3 years shows no crashes and no
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21:08 Oct 21, 2013
Jkt 232001
convictions for moving violations in a
CMV.
Dennis E. White
Mr. White, 58, has had strabismus in
his right eye since childhood. The
visual acuity in his right eye is 20/400,
and in his left eye, 20/20. Following an
examination in 2013, his optometrist
noted, ‘‘Mr. White’s central peripheral
vision is adequate to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. White
reported that he has driven straight
trucks for 41 years, accumulating 1.64
million miles, and tractor-trailer
combinations for 35 years, accumulating
875,000. He holds a Class A CDL from
Pennsylvania. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business November 21, 2013. Comments
will be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
Agency will file comments received
after the comment closing date in the
public docket, and will consider them to
the extent practicable.
In addition to late comments, FMCSA
will also continue to file, in the public
docket, relevant information that
becomes available after the comment
closing date. Interested persons should
monitor the public docket for new
material.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2013–0166 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
PO 00000
Frm 00356
Fmt 4703
Sfmt 4703
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2013–0166 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: September 27, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–24748 Filed 10–21–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0189]
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 10
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 October
31, 2013. Comments must be received
on or before November 21, 2013.
DATES:
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices
You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2011–0189], 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.
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.
sroberts on DSK5SPTVN1PROD with FRONT MATTER
ADDRESSES:
VerDate Mar<15>2010
21:08 Oct 21, 2013
Jkt 232001
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 10 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
10 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Darrell G. Anthony (TX)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)
Michael A. Lawson (KY)
Gary E. Butler (MT)
James E. Knarr, Sr. (NY)
Eric W. Schmidt (MO)
Stacey J. Buckingham (ID)
Harold L. Pearsall (PA)
Jeffrey A. Mueller (IL)
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
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Frm 00357
Fmt 4703
Sfmt 4703
62939
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 10 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (76 FR 55465). Each of
these 10 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 November
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 10
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.
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22OCN1
62940
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices
sroberts on DSK5SPTVN1PROD with FRONT MATTER
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.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–2011–0189 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2011–0189 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
VerDate Mar<15>2010
21:08 Oct 21, 2013
Jkt 232001
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: September 24, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–24687 Filed 10–21–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 552 (Sub-No. 17)]
Railroad Revenue Adequacy—2012
Determination
AGENCY:
Surface Transportation Board,
DOT.
ACTION:
Decided: September 30, 2013.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013–24566 Filed 10–21–13; 8:45 am]
BILLING CODE 4915–01–P
Notice of decision.
On October 17, 2013, the
Board served a decision announcing the
2012 revenue adequacy determinations
for the Nation’s Class I railroads. Two
carriers, Norfolk Southern Combined
Railroad Subsidiaries and Union Pacific
Railroad Company, were found to be
revenue adequate.
DATES: Effective Date: This decision is
effective on October 17, 2013.
FOR FURTHER INFORMATION CONTACT: Paul
Aguiar, (202) 245–0323. Assistance for
the hearing impaired is available
through Federal Information Relay
Service (FIRS) at (800) 877–8339.
SUPPLEMENTARY INFORMATION: The Board
is required to make an annual
determination of railroad revenue
adequacy. A railroad is considered
revenue adequate under 49 U.S.C.
10704(a) if it achieves a rate of return on
net investment (ROI) equal to at least
the current cost of capital for the
railroad industry for 2012, determined
to be 11.12% in Railroad Cost of
Capital—2012, EP 558 (Sub-No. 16)
(STB served Aug. 30, 2013). This
revenue adequacy standard was applied
to each Class I railroad except for BNSF
Railway Company (BNSF).1 Two
carriers, Norfolk Southern Combined
Railroad Subsidiaries and Union Pacific
Railroad Company, were found to be
revenue adequate for 2012.
The decision in this proceeding is
posted on the Board’s Web site at
SUMMARY:
1 The Board has not calculated BNSF’s 2012
revenue adequacy in this decision, because BNSF
is due to refile its R–1 reports for 2010, 2011, and
2012 by October 23, 2013, in compliance with the
Board’s order in Western Coal Traffic League—
Petition for Declaratory Order, FD 35506 (STB
served July 25, 2013). Following receipt and
verification of BNSF’s revised R–1 reports, the
Board will reissue BNSF’s 2010 and 2011 revenue
adequacy calculations, and will issue its 2012
calculation.
PO 00000
www.stb.dot.gov. Copies of the decision
may be purchased by contacting the
Office of Public Assistance,
Governmental Affairs, and Compliance
at (202) 245–0238. Assistance for the
hearing impaired is available through
FIRS at (800) 877–8339.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Frm 00358
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
October 17, 2013.
The Department of the Treasury will
submit the following information
collection requests to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, Public Law 104–13, on or after the
date of publication of this notice.
DATES: Comments should be received on
or before November 21, 2013 to be
assured of consideration.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestions for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at OIRA_Submission@
OMB.EOP.gov and (2) Treasury PRA
Clearance Officer, 1750 Pennsylvania
Ave. NW., Suite 8141–D, Washington,
DC 20220, or email at PRA@
treasury.gov.
FOR FURTHER INFORMATION CONTACT:
Copies of the submission(s) may be
obtained by calling (202) 622–1295,
email at PRA@treasury.gov, or the entire
information collection request may be
found at www.reginfo.gov.
Financial Crimes Enforcement Network
(FinCEN)
OMB Number: 1506–0036.
Type of Review: Extension without
change of a currently approved
collection.
Title: Imposition of Special Measure
Against Commercial Bank of Syria,
E:\FR\FM\22OCN1.SGM
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Agencies
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62938-62940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24687]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0189]
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
10 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 October 31, 2013. Comments must be
received on or before November 21, 2013.
[[Page 62939]]
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0189], 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 10 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 10 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Darrell G. Anthony (TX)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)
Michael A. Lawson (KY)
Gary E. Butler (MT)
James E. Knarr, Sr. (NY)
Eric W. Schmidt (MO)
Stacey J. Buckingham (ID)
Harold L. Pearsall (PA)
Jeffrey A. Mueller (IL)
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 10 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (76 FR 55465). Each of these 10 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 November 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 10 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.
[[Page 62940]]
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.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2011-0189 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number
FMCSA-2011-0189 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: September 24, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-24687 Filed 10-21-13; 8:45 am]
BILLING CODE 4910-EX-P