Qualification of Drivers; Exemption Applications; Vision, 74223-74225 [2013-29419]
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Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices
SUPPLEMENTARY INFORMATION:
maindgalligan on DSK5TPTVN1PROD with NOTICES
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 Agency may grant an exemption
subject to specified terms and
conditions. 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 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)).
On December 27, 2011, FMCSA
published a final rule establishing
mandatory rest breaks for CMV drivers
(76 FR 81133). Effective July 1, 2013,
drivers may not operate a CMV if 8
hours or more have elapsed since the
end of the driver’s last off-duty or
sleeper-berth period of at least 30
minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA
did not specify when drivers must take
the 30-minute break. Drivers who
already take shorter breaks during the
duty day could comply with the rule by
extending one of these breaks to 30
minutes.
Exemption Request of Oregon Trucking
Associations
OTA applies for exemption on behalf
of motor carriers and drivers who
operate CMVs on Oregon forestlands to
transport logs to lumber mills for
processing. OTA states that lumber
mills depend on a regular volume of
logs for their economic viability, and
that environmental restrictions limit the
amount of timber that can be harvested
from Oregon forestlands. In addition,
when the risk of fire increases, the
Oregon Department of Forestry (ODF)
further limits logging operations. For
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18:48 Dec 09, 2013
Jkt 232001
example, OTA states that at the time of
its application (August 26, 2013), a
Level III fire safety restriction barred
CMVs from Oregon forestlands at 1:00
p.m. daily. OTA asserts that fire-safety
restrictions are often in place from July
to late October each year. If logging
operators have to leave the forest lands
by 1:00 p.m. during fire restrictions,
they need all available time prior to 1:00
p.m. as on-duty time, without a rest
break.
OTA asserts that the new 30-minute
break requirement makes it impossible
for log trucks to provide a sufficient
volume of logs to the mills when
operations are time-limited by fire
restrictions. OTA seeks relief from this
requirement when operating CMVs on
Oregon forestland when that land is
restricted by fire safety rules. OTA states
that its members engaged in these
operations are willing to restrict their
duty day when operating under the
exemption to a maximum of 12 hours in
lieu of the 14-hour limit of the HOS
rules. OTA states that during these
periods of limited operations, its
members would achieve the same level
of safety with this exemption in place as
they would achieve if required to
observe the rest-break requirement.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b)(4), FMCSA requests public
comment on OTA’s application for an
exemption from the rest-break
requirement of 49 CFR 395.3(a)(3)(ii).
The Agency will consider all comments
received by close of business on January
9, 2014. Comments will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. The Agency will
consider to the extent practicable
comments received in the public docket
after the closing date of the comment
period.
Issued on: December 2, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–29413 Filed 12–9–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0298]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Fmt 4703
Sfmt 4703
74223
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 3
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 January
5, 2014. Comments must be received on
or before January 9, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2011–0298], 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
DATES:
E:\FR\FM\10DEN1.SGM
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74224
Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices
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.
maindgalligan on DSK5TPTVN1PROD with NOTICES
Exemption Decision
This notice addresses 3 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
3 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)
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;
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18:48 Dec 09, 2013
Jkt 232001
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 3 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (76 FR 70213; 77 FR 541).
Each of these 3 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 January 9,
2014.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
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Frm 00124
Fmt 4703
Sfmt 4703
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 3
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.
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–2011–0298 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.
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Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices
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–2011–0298 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: December 3, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–29419 Filed 12–9–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0136]
Decision That Certain Nonconforming
Motor Vehicles Are Eligible for
Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of Petitions.
AGENCY:
This document announces
decisions by NHTSA that certain motor
vehicles not originally manufactured to
comply with all applicable Federal
Motor Vehicle Safety Standards
(FMVSS) are eligible for importation
into the United States because they are
substantially similar to vehicles
originally manufactured for sale in the
United States and certified by their
manufacturers as complying with the
safety standards, and they are capable of
being readily altered to conform to the
standards or because they have safety
features that comply with, or are
capable of being altered to comply with,
all applicable FMVSS.
DATES: These decisions became effective
on the dates specified in Annex A.
ADDRESSES: For further information
contact Mr. Coleman Sachs, Office of
Vehicle Safety Compliance, NHTSA
(202–366–3151).
SUPPLEMENTARY INFORMATION:
maindgalligan on DSK5TPTVN1PROD with NOTICES
SUMMARY:
Background
Under 49 U.S.C. 30141(a)(1)(A), a
motor vehicle that was not originally
manufactured to conform to all
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18:48 Dec 09, 2013
Jkt 232001
applicable FMVSS shall be refused
admission into the United States unless
NHTSA has decided that the motor
vehicle is substantially similar to a
motor vehicle originally manufactured
for importation into and/or sale in the
United States, certified under 49 U.S.C.
30115, and of the same model year as
the model of the motor vehicle to be
compared, and is capable of being
readily altered to conform to all
applicable FMVSS.
Where there is no substantially
similar U.S.-certified motor vehicle, 49
U.S.C. 30141(a)(1)(B) permits a
nonconforming motor vehicle to be
admitted into the United States if its
safety features comply with, or are
capable of being altered to comply with,
all applicable FMVSS based on
destructive test data or such other
evidence as NHTSA decides to be
adequate.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
NHTSA received petitions from
registered importers to decide whether
the vehicles listed in Annex A to this
notice are eligible for importation into
the United States. To afford an
opportunity for public comment,
NHTSA published notice of these
petitions as specified in Annex A. The
reader is referred to those notices for a
thorough description of the petitions.
Comments: No substantive comments
were received in response to the
petitions identified in Appendix A.
NHTSA Decision: Accordingly, on the
basis of the foregoing, NHTSA hereby
decides that each motor vehicle listed in
Annex A to this notice, which was not
originally manufactured to comply with
all applicable FMVSS, is either
substantially similar to a motor vehicle
manufactured for importation into and/
or sale in the United States, and
certified under 49 U.S.C. 30115, as
specified in Annex A, and is capable of
being readily altered to conform to all
applicable FMVSS or has safety features
that comply with, or are capable of
being altered to comply with, all
applicable Federal Motor Vehicle Safety
Standards.
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74225
Vehicle Eligibility Number for Subject
Vehicles: The importer of a vehicle
admissible under any final decision
must indicate on the form HS–7
accompanying entry the appropriate
vehicle eligibility number indicating
that the vehicle is eligible for entry.
Vehicle eligibility numbers assigned to
vehicles admissible under this decision
are specified in Annex A.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B) and (b)(1); 49 CFR 593.7; delegations
of authority at 49 CFR 1.50 and 501.7.
Issued on: December 4, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
Annex A—Nonconforming Motor
Vehicles Decided To Be Eligible for
Importation
1. Docket No. NHTSA–2013–0033
Nonconforming Vehicles: 1996
Chevrolet Impala Passenger Cars
Substantially Similar U.S. Certified
Vehicles: 1996 Chevrolet Impala
Passenger Cars
Notice of Petition Published at: 78 FR
45997 (July 30, 2013)
Vehicle Eligibility Number: VSP–561
(effective date September 12, 2013)
2. Docket No. NHTSA–2013–0020
Nonconforming Vehicles: 2005 Jaguar
XKR Passenger Cars
Substantially Similar U.S. Certified
Vehicles: 2005 Jaguar XKR Passenger
Cars
Notice of Petition Published at: 78 FR
45999 (July 30, 2013)
Vehicle Eligibility Number: VSP–560
(effective date September 12, 2013)
3. Docket No. NHTSA–2013–0034
Nonconforming Vehicles: 2004 BMW
760i Passenger Cars
Substantially Similar U.S. Certified
Vehicles: 2004 BMW 760i Passenger
Cars
Notice of Petition Published at: 78 FR
44621 (July 24, 2013)
Vehicle Eligibility Number: VSP–559
(effective date September 6, 2013)
4. Docket No. NHTSA–2013–0059,
NHTSA–2013–0032
Nonconforming Vehicles: 2005, 2006
Mercedes-Benz SLR Passenger Cars
(Manufactured Prior to September 1,
2006)
Substantially Similar U.S. Certified
Vehicles: 2005, 2006 Mercedes-Benz
SLR Passenger Cars (Manufactured
Prior to September 1, 2006)
Notice of Petition Published at: 78 FR
38442 (June 26, 2013)
Vehicle Eligibility Number: VSP–558
(effective date August 2, 2013)
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Agencies
[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74223-74225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29419]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0298]
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
3 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 January 5, 2014. Comments must be
received on or before January 9, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0298], 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 74224]]
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 3 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 3 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)
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 3 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (76 FR 70213; 77 FR 541). Each of these 3 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 January 9, 2014.
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 3 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.
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-2011-0298 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.
[[Page 74225]]
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-2011-0298 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: December 3, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-29419 Filed 12-9-13; 8:45 am]
BILLING CODE 4910-EX-P