Qualification of Drivers; Exemption Applications; Vision, 77782-77784 [2013-30715]
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
emcdonald on DSK67QTVN1PROD with NOTICES
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment is discussed
below.
Pam Johnson is in favor of granting
Darryl Johnson an exemption.
Conclusion
Based upon its evaluation of the 38
exemption applications, FMCSA
exempts Ernest J. Bachman (PA), A.
Wayne Barker (OK), Edgar G. Baxter
(FL), Jason W. Bowers (OR), Scott Brady
(FL), Ronald A. Cleaver, Jr. (SC), Eric V.
DeFrancesco (PA), Matthew A. Eck (PA),
David E. Ferris (PA), George M.
Hapchuk (PA), James L. Hawthorne
(TX), Johnny D. Ivey (NC), Darryl H.
Johnson (WV), David Jones (FL),
Thomas L. Kitchen (VA), Wayne C.
Knighton (NV), Brandon C. Koopman
(NE), David G. Lamborn (ND), Robert A.
Marks (WV), Stephen R. Marshall (MS),
Edgar H. Meraz (NM), Ralph Reno (NJ),
Glennis R. Reynolds (KY), Joseph B.
Saladino (FL), Carlos M. Saravia (MD),
Glen M. Schulz (IA), Steve W. Scott
(SC), Eugene D. Self, Jr. (NC), Darren B.
Shields (NV), Roye T. Skelton (MS),
Robert D. Smienski (OH), Justin T.
Swires (WY), Robert Thomas (PA),
Clifford B. Thompson, Jr. (SC), Donald
L. Urmston (OH), Steven M. Veloz (CA),
Stephen H. Ward (MO), Janusz K. Wis
(IL) from the vision requirement in 49
CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)).
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
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 and 31315.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.
Issued on: December 16, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–30718 Filed 12–23–13; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5748; FMCSA–
2001–9561; FMCSA–2003–15268; FMCSA–
2003–15892; FMCSA–2005–20560; FMCSA–
2005–21254; FMCSA–2005–21711; FMCSA–
2006–24783; FMCSA–2006–26653; FMCSA–
2007–27897; FMCSA–2009–0054; FMCSA–
2009–0121; FMCSA–2009–0154; FMCSA–
2009–0206; FMCSA–2010–0354; FMCSA–
2011–0092; FMCSA–2011–0124; FMCSA–
2011–0141; FMCSA–2011–0142; 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 74
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
31, 2014. Comments must be received
on or before January 23, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–1999–5748;
FMCSA–2001–9561; FMCSA–2003–
15268; FMCSA–2003–15892; FMCSA–
2005–20560; FMCSA–2005–21254;
FMCSA–2005–21711; FMCSA–2006–
24783; FMCSA–2006–26653; FMCSA–
2007–27897; FMCSA–2009–0054;
FMCSA–2009–0121; FMCSA–2009–
0154; FMCSA–2009–0206; FMCSA–
2010–0354; FMCSA–2011–0092;
FMCSA–2011–0124; FMCSA–2011–
0141; FMCSA–2011–0142; 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.
DATES:
PO 00000
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• 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.
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
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absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
emcdonald on DSK67QTVN1PROD with NOTICES
Exemption Decision
This notice addresses 74 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
74 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Stephan P. Adamczyk (ME)
Martin R. Anaya (NM)
Calvin D. Atwood (NM)
Anthony D. Buck (TX)
Shaun E. Burnett (IA)
Kevin W. Cannon (TX)
James J. Doan (PA)
Shennan E. Dorsey (GA)
Michael M. Edleston (MA)
Kenneth J. Fisk (MI)
Richard L. Gagnebin (KS)
Jonathan M. Gentry (TN)
James P. Greene (NY)
Vincent E. Hardin (AL)
Bradley O. Hart (UT)
Robert W. Healey, Jr. (NJ)
Daniel F. Albers (CA)
Darrell G. Anthony (TX)
Gregory W. Babington (MA)
Stacey J. Buckingham (ID)
Gary E. Butler (MT)
Andrew B. Clayton (TN)
William P. Doolittle (MO)
Steve E. Duran (NM)
Daniel W. Eynon (OH)
James E. Fix (SC)
Steven A. Garrity (MA)
Mark E. Gessner (FL)
Matthew K. Hagge (ND)
Larry L. Harris (OH)
Benny D. Hatton, Jr. (NY)
Dennis H. Heller (KS)
Nathaniel H. Herbert, Jr. (PA)
Volga Kirkwood (MO)
James E. Knarr, Sr. (NY)
Michael A. Lawson (KY)
Everett H. Logan (OH)
Joseph L. Mast (OR)
Jesse R. McClary, Sr. (MO)
Kevin L. Moody (OH)
Marvin L. Motes (FL)
Charles W. Mullenix (GA)
Richard W. O’Neill (WA)
Harold L. Pearsall (PA)
John N. Poland (IL)
James B. Prunty (WV)
Garry L. Rogers (CO)
Benjamin R. Sauder (PA)
Robert E. Smith (CT)
Gerald D. Stidham (CO)
Scott C. Teich (MN)
Virgil E. Walker (TX)
John C. Young (VA)
Randy L. Huelster (OK)
Roger D. Kloss (IL)
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Mark D. Kraft (IL)
Steven R. Lechtenberg (NE)
Thomas W. Markham (MN)
Paul G. Mathes (WA)
John T. McWilliams (IA)
Terry W. Moore (LA)
Jeffrey A. Mueller (IL)
Steven D. O’Donnell (NJ)
Jerry R. Orndorff (WV)
Robert M. Pickett II (MI)
Phillip M. Pridgen, Sr. (MD)
Eligio M. Ramirez (TX)
Jason W. Rupp (PA)
Eric W. Schmidt (MO)
Jerry W. Stanfill (AR)
Wilfred E. Sweatt (NH)
Roger L. Unser (OR)
Gary M. Wolff (IL)
John F. Zalar (NY)
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 74 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR
40404; 64 FR 51568; 64 FR 66962; 66 FR
30502; 66 FR 41654; 66 FR 48504; 67 FR
17102; 68 FR 37197; 68 FR 44837; 68 FR
48989; 68 FR 52811; 68 FR 54775; 68 FR
PO 00000
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77783
61860; 69 FR 51346; 70 FR 17504; 70 FR
30997; 70 FR 30999; 70 FR 41811; 70 FR
42615; 70 FR 46567; 70 FR 48797; 70 FR
50799; 70 FR 53412; 70 FR 61165; 70 FR
61493; 71 FR 32183; 71 FR 41310; 71 FR
50970; 72 FR 8417; 72 FR 36099; 72 FR
39879; 72 FR 40359; 72 FR 40360; 72 FR
40362; 72 FR 52419; 72 FR 52421; 72 FR
54971; 72 FR 58359; 72 FR 62896; 73 FR
48269; 73 FR 60398; 74 FR 11988; 74 FR
21427; 74 FR 26461; 74 FR 34074; 74 FR
34394; 74 FR 34395; 74 FR 34630; 74 FR
37295; 74 FR 41971; 74 FR 43217; 74 FR
43221; 74 FR 48343; 74 FR 46069; 74 FR
53581; 74 FR 57551; 75 FR 72863; 76 FR
2190; 76 FR 21796; 76 FR 25766; 76 FR
34135; 76 FR 34136; 76 FR 37168; 76 FR
37885; 76 FR 40445; 76 FR 44652; 76 FR
49528; 76 FR 53708; 76 FR 53710; 76 FR
54530; 76 FR 55463; 76 FR 55465; 76 FR
55467; 76 FR 55469; 76 FR 61143; 76 FR
62143; 76 FR 64171; 76 FR 66123; 76 FR
67246). Each of these 74 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 23,
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 74
individuals from the vision requirement
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
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–1999–5748; FMCSA–2001–
9561; FMCSA–2003–15268; FMCSA–
2003–15892; FMCSA–2005–20560;
FMCSA–2005–21254; FMCSA–2005–
21711; FMCSA–2006–24783; FMCSA–
2007–26653; FMCSA–2007–27897;
FMCSA–2009–0054; FMCSA–2009–
0121; FMCSA–2009–0154; FMCSA–
2009–0206; FMCSA–2010–0354;
FMCSA–2011–0092; FMCSA–2011–
0124; FMCSA–2011–0141; FMCSA–
2011–0142; 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
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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
W64–224, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to
5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Issued on: December 17, 2013.
Larry W. Minor,
Associate Administrator for Policy.
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s 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, or
other entity). 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).
[FR Doc. 2013–30715 Filed 12–23–13; 8:45 am]
Background
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–1999–5748; FMCSA–2001–
9561; FMCSA–2003–15268; FMCSA–
2003–15892; FMCSA–2005–20560;
FMCSA–2005–21254; FMCSA–2005–
21711; FMCSA–2006–24783; FMCSA–
2007–26653; FMCSA–2007–27897;
FMCSA–2009–0054; FMCSA–2009–
0121; FMCSA–2009–0154; FMCSA–
2009–0206; FMCSA–2010–0354;
FMCSA–2011–0092; FMCSA–2011–
0124; FMCSA–2011–0141; FMCSA–
2011–0142; FMCSA–2011–0189 and
click ‘‘Search.’’ Next, click ‘‘Open
Docket Folder’’ and you will find all
documents and comments related to the
proposed rulemaking.
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2013–0184]
[4910–EX–P]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 26 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions will enable these
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions are effective
December 24, 2013. The exemptions
expire on December 24, 2015.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, Room
SUMMARY:
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On October 28, 2013, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
26 individuals and requested comments
from the public (78 FR 64267). The
public comment period closed on
November 27, 2013, and one comment
was received.
FMCSA has evaluated the eligibility
of the 26 applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(3).
Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population. The diabetes rule
provides that ‘‘A person is physically
qualified to drive a commercial motor
vehicle if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control’’ (49 CFR
391.41(b)(3)).
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]]>Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77782-77784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30715]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5748; FMCSA-2001-9561; FMCSA-2003-15268; FMCSA-
2003-15892; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2005-21711;
FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2007-27897; FMCSA-2009-0054;
FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2010-0354;
FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0141; FMCSA-2011-0142;
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
74 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 31, 2014. Comments must be
received on or before January 23, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
5748; FMCSA-2001-9561; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-
20560; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-
2006-26653; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-
2009-0154; FMCSA-2009-0206; FMCSA-2010-0354; FMCSA-2011-0092; FMCSA-
2011-0124; FMCSA-2011-0141; FMCSA-2011-0142; 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
[[Page 77783]]
absent such exemption.'' The procedures for requesting an exemption
(including renewals) are set out in 49 CFR part 381.
Exemption Decision
This notice addresses 74 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 74 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Stephan P. Adamczyk (ME)
Martin R. Anaya (NM)
Calvin D. Atwood (NM)
Anthony D. Buck (TX)
Shaun E. Burnett (IA)
Kevin W. Cannon (TX)
James J. Doan (PA)
Shennan E. Dorsey (GA)
Michael M. Edleston (MA)
Kenneth J. Fisk (MI)
Richard L. Gagnebin (KS)
Jonathan M. Gentry (TN)
James P. Greene (NY)
Vincent E. Hardin (AL)
Bradley O. Hart (UT)
Robert W. Healey, Jr. (NJ)
Daniel F. Albers (CA)
Darrell G. Anthony (TX)
Gregory W. Babington (MA)
Stacey J. Buckingham (ID)
Gary E. Butler (MT)
Andrew B. Clayton (TN)
William P. Doolittle (MO)
Steve E. Duran (NM)
Daniel W. Eynon (OH)
James E. Fix (SC)
Steven A. Garrity (MA)
Mark E. Gessner (FL)
Matthew K. Hagge (ND)
Larry L. Harris (OH)
Benny D. Hatton, Jr. (NY)
Dennis H. Heller (KS)
Nathaniel H. Herbert, Jr. (PA)
Volga Kirkwood (MO)
James E. Knarr, Sr. (NY)
Michael A. Lawson (KY)
Everett H. Logan (OH)
Joseph L. Mast (OR)
Jesse R. McClary, Sr. (MO)
Kevin L. Moody (OH)
Marvin L. Motes (FL)
Charles W. Mullenix (GA)
Richard W. O'Neill (WA)
Harold L. Pearsall (PA)
John N. Poland (IL)
James B. Prunty (WV)
Garry L. Rogers (CO)
Benjamin R. Sauder (PA)
Robert E. Smith (CT)
Gerald D. Stidham (CO)
Scott C. Teich (MN)
Virgil E. Walker (TX)
John C. Young (VA)
Randy L. Huelster (OK)
Roger D. Kloss (IL)
Mark D. Kraft (IL)
Steven R. Lechtenberg (NE)
Thomas W. Markham (MN)
Paul G. Mathes (WA)
John T. McWilliams (IA)
Terry W. Moore (LA)
Jeffrey A. Mueller (IL)
Steven D. O'Donnell (NJ)
Jerry R. Orndorff (WV)
Robert M. Pickett II (MI)
Phillip M. Pridgen, Sr. (MD)
Eligio M. Ramirez (TX)
Jason W. Rupp (PA)
Eric W. Schmidt (MO)
Jerry W. Stanfill (AR)
Wilfred E. Sweatt (NH)
Roger L. Unser (OR)
Gary M. Wolff (IL)
John F. Zalar (NY)
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 74 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 66962; 66 FR
30502; 66 FR 41654; 66 FR 48504; 67 FR 17102; 68 FR 37197; 68 FR 44837;
68 FR 48989; 68 FR 52811; 68 FR 54775; 68 FR 61860; 69 FR 51346; 70 FR
17504; 70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 42615; 70 FR 46567;
70 FR 48797; 70 FR 50799; 70 FR 53412; 70 FR 61165; 70 FR 61493; 71 FR
32183; 71 FR 41310; 71 FR 50970; 72 FR 8417; 72 FR 36099; 72 FR 39879;
72 FR 40359; 72 FR 40360; 72 FR 40362; 72 FR 52419; 72 FR 52421; 72 FR
54971; 72 FR 58359; 72 FR 62896; 73 FR 48269; 73 FR 60398; 74 FR 11988;
74 FR 21427; 74 FR 26461; 74 FR 34074; 74 FR 34394; 74 FR 34395; 74 FR
34630; 74 FR 37295; 74 FR 41971; 74 FR 43217; 74 FR 43221; 74 FR 48343;
74 FR 46069; 74 FR 53581; 74 FR 57551; 75 FR 72863; 76 FR 2190; 76 FR
21796; 76 FR 25766; 76 FR 34135; 76 FR 34136; 76 FR 37168; 76 FR 37885;
76 FR 40445; 76 FR 44652; 76 FR 49528; 76 FR 53708; 76 FR 53710; 76 FR
54530; 76 FR 55463; 76 FR 55465; 76 FR 55467; 76 FR 55469; 76 FR 61143;
76 FR 62143; 76 FR 64171; 76 FR 66123; 76 FR 67246). Each of these 74
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 23, 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 74 individuals from the vision
requirement
[[Page 77784]]
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-1999-5748; FMCSA-
2001-9561; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-20560; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-26653;
FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0154;
FMCSA-2009-0206; FMCSA-2010-0354; FMCSA-2011-0092; FMCSA-2011-0124;
FMCSA-2011-0141; FMCSA-2011-0142; 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-1999-5748; FMCSA-2001-9561; FMCSA-2003-15268; FMCSA-2003-15892;
FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2006-24783;
FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0121;
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2010-0354; FMCSA-2011-0092;
FMCSA-2011-0124; FMCSA-2011-0141; FMCSA-2011-0142; 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: December 17, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-30715 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-EX-P
