Qualification of Drivers; Exemption Applications; Vision, 10619-10621 [2014-04015]
Download as PDF
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
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. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 USC. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
emcdonald on DSK67QTVN1PROD with NOTICES
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
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17:58 Feb 24, 2014
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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–2014–0012 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–2014–0012 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: February 14, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–04010 Filed 2–24–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0291]
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
SUMMARY:
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10619
the vision requirement in the Federal
Motor Carrier Safety Regulations for 21
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.
This decision is effective March
2, 2014. Comments must be received on
or before March 27, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2009–0291], 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
DATES:
E:\FR\FM\25FEN1.SGM
25FEN1
10620
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
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.
emcdonald on DSK67QTVN1PROD with NOTICES
Exemption Decision
This notice addresses 21 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
21 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Cris D. Bush (TN)
Billy C. Chenault (NM)
Eugene Contreras (NM)
Jim L. Davis (NM)
David E. Evans (NC)
Randy M. Garcia (NM)
Jason L. Hoovan (UT)
Amos W. Hulsey (AL)
Curtis M. Lawless (VA)
James M. McCormick (ID)
Millard F. Neace II (WV)
William E. Norris (NC)
Frank L. Ortolani (OH)
Paul D. Prillaman (VA)
Scott A. Randol (MO)
Miguel A. Sanchez (NM)
James E. Vickery (KY)
Norman J. Watson (NC)
Lewis H. West, Jr. (MA)
Billy R. Wilkey (TX)
Reginald J. Wuethrich (IL)
The exemptions are extended subject
to the following conditions: (1) That
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17:58 Feb 24, 2014
Jkt 232001
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 21 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (74 FR 65842; 75 FR 9482;
77 FR 10604). Each of these 21
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.
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Fmt 4703
Sfmt 4703
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 March 27,
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 21
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–2009–0291 and click the search
button. When the new screen appears,
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
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–2009–0291 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: February 12, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–04015 Filed 2–24–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2013–0181]
Pipeline Safety: Request for Special
Permit
Note: Comments are posted without
changes or edits to https://
www.Regulations.gov, including any personal
information provided. There is a privacy
statement published on https://
www.Regulations.gov.
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice.
AGENCY:
emcdonald on DSK67QTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Pursuant to the Federal
pipeline safety laws, PHMSA is
publishing this notice to announce the
availability for review of an
Environmental Assessment for a special
permit request we have received from
Fairbanks Natural Gas, LLC (FNG) for a
facility in Fairbanks, Alaska. FNG is
seeking relief from compliance with
certain requirements in the Federal
pipeline safety regulations. This notice
seeks public comments on the
Environmental Assessment, including
comments on any safety or
SUMMARY:
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
environmental impacts. The
Environmental Assessment is available
for review at https://
www.Regulations.gov. At the conclusion
of the 30-day comment period, PHMSA
will evaluate the comments and
determine whether to grant or deny the
associated special permit request.
DATES: Submit any comments regarding
this special permit request by March 27,
2014.
ADDRESSES: Comments should reference
the docket number for the specific
special permit request and may be
submitted in the following ways:
• E-Gov Web site: https://
www.Regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
• Fax: 1–202–493–2251.
• Mail: Docket Management System:
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Docket Management
System: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9:00
a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
Instructions: You should identify the
docket number for the Environmental
Assessment and related special permit
request you are commenting on at the
beginning of your comments. If you
submit your comments by mail, please
submit two copies. To receive
confirmation that PHMSA has received
your comments, please include a selfaddressed stamped postcard. Internet
users may submit comments at https://
www.Regulations.gov.
General: Kay McIver by telephone at
202–366–0113, or email at Kay.McIver@
dot.gov.
Technical: Joseph Sieve by telephone
at 202–366–5064 email at Joseph.Sieve@
dot.gov.
SUPPLEMENTARY INFORMATION: On July 2,
2013, PHMSA received a request from
FNG seeking relief from 49 CFR
193.2155 for its construction of a
125,000 barrel liquid natural gas single
containment storage tank at its existing
storage and vaporization facility at 2942
Tria Road in Fairbanks, Alaska. The
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10621
request included a technical analysis
provided by the operator and was filed
at https://www.Regulations.gov under
assigned docket number PHMSA–2013–
0181. On August 26, 2013, through a
Federal Register notice, PHMSA invited
interested persons to participate by
reviewing the special permit request at
https://www.Regulations.gov and
submitting written comments, data, or
other views. No public comments were
received in response to this publication.
To further evaluate the special permit
request, PHMSA is publishing this
notice to announce the availability of an
Environmental Assessment prepared for
the special permit area noted in FNG’s
request. Please include any comments
on potential environmental impacts that
may result if this special permit is
granted. Before acting on this special
permit request, PHMSA will evaluate all
comments received on or before the
comments closing date. Comments will
be evaluated after this date if it is
possible to do so without incurring
additional expense or delay. PHMSA
will consider each relevant comment we
receive in making our decision to grant
or deny a request.
Authority: 49 U.S.C. 60118 (c)(1) and 49
CFR 1.53.
Issued in Washington, DC, on February 19,
2014.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2014–03981 Filed 2–24–14; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Open Meeting of the President’s
Advisory Council on Financial
Capability for Young Americans
Department of the Treasury.
Notice of meeting.
AGENCY:
ACTION:
The President’s Advisory
Council on Financial Capability for
Young Americans (Council) will
convene for an open meeting on March
10, 2014, at the Department of the
Treasury, 1500 Pennsylvania Avenue
NW., Washington DC, beginning at 9:00
a.m. EST. The meeting will be open to
the public. The Council will: (1) Receive
a report from the Executive Director on
the recommendations of the predecessor
President’s Advisory Council on
Financial Capability and the Financial
Literacy and Education Commission; (2)
discuss proposed subcommittees and
council agenda. Time will be allotted for
members of the public, who may make
up to one (1) minute of comments before
the Council. If you are interested in
SUMMARY:
E:\FR\FM\25FEN1.SGM
25FEN1
Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10619-10621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04015]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0291]
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
21 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 March 2, 2014. Comments must be
received on or before March 27, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2009-
0291], 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
[[Page 10620]]
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 21 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 21 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Cris D. Bush (TN)
Billy C. Chenault (NM)
Eugene Contreras (NM)
Jim L. Davis (NM)
David E. Evans (NC)
Randy M. Garcia (NM)
Jason L. Hoovan (UT)
Amos W. Hulsey (AL)
Curtis M. Lawless (VA)
James M. McCormick (ID)
Millard F. Neace II (WV)
William E. Norris (NC)
Frank L. Ortolani (OH)
Paul D. Prillaman (VA)
Scott A. Randol (MO)
Miguel A. Sanchez (NM)
James E. Vickery (KY)
Norman J. Watson (NC)
Lewis H. West, Jr. (MA)
Billy R. Wilkey (TX)
Reginald J. Wuethrich (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 21 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (74 FR 65842; 75 FR 9482; 77 FR 10604). Each of these 21
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 March 27, 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 21 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-2009-0291 and click
the search button. When the new screen appears,
[[Page 10621]]
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-2009-0291 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: February 12, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-04015 Filed 2-24-14; 8:45 am]
BILLING CODE 4910-EX-P