Qualification of Drivers; Exemption Applications; Vision, 14331-14333 [2014-05506]

Download as PDF Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices would like to drive a CMV. His physician states that he is supportive of Mr. Bynum receiving an exemption. Brian Conaway Mr. Conaway is a 42 year-old class B CDL holder in Ohio. He has a history of seizures and has remained seizure free and off anti-seizure medication since his surgery 1999. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Conaway receiving an exemption. Joan Diaz Ms. Diaz is a 49 year-old class B CDL holder in Maryland. She has a history of seizure disorder and has remained seizure free for 32 years. She takes antiseizure medication with the dosage and frequency remaining the same for over 3 years. If granted the exemption, she would like to drive a school bus. Her physician states that he is supportive of Ms. Diaz receiving an exemption. Christopher Fitch Mr. Fitch is a 51 year-old class B CDL holder in New York. He has a history of seizures and his last seizure was one year ago while in the hospital. He takes anti-seizure medication with the dosage and frequency remaining the same for over 2 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Fitch receiving an exemption. Ronald Hartl 2 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Hoisington receiving an exemption. Earnest Lansberry Michael Miller [FR Doc. 2014–05501 Filed 3–12–14; 8:45 am] Mr. Miller is a 56 year-old driver in Wisconsin. He has a history of epilepsy and has remained seizure free seizure for 11 years. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Miller receiving an exemption. BILLING CODE 4910–EX–P Scott Smith Mr. Smith is a 39 year-old driver in California. He has a history of seizure and has remained seizure free for 12 years. He discontinued his anti-seizure medication 18 months ago. If granted the exemption, he would like to drive a CMV. His physician is supportive of Mr. Smith receiving an exemption. Nathaniel Ware Mr. Hernandez is a 40 year-old driver in California. He has a history of seizure disorder and has remained seizure free for 14 years. He takes anti-seizure medication with the dosage and frequency remaining the same for over 2 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Hernandez receiving an exemption. TKELLEY on DSK3SPTVN1PROD with NOTICES Donald Hernandez Mr. Ware is a 33 year-old driver in Alabama. He has a history of seizures and has remained seizure free for 4 years. He takes anti-seizure medication with the dosage and frequency remaining the same for 2 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Ware receiving an exemption. Craig Hoisington Jason Yowell Mr. Hoisington is a 41 year-old driver in New Hampshire. He has a history of epilepsy and has remained seizure free for 10 years. He takes anti-seizure medication with the dosage and frequency remaining the same for over Mr. Yowell is a 42 year-old driver in Virginia. He has a history of seizures and has remained seizure free for 4 years. He discontinued his anti-seizure medication 10 months ago. If granted the exemption, he would like to drive a Jkt 232001 Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on the exemption applications described in this notice. We will consider all comments received before the close of business on the closing date indicated earlier in the notice. Issued on: February 26, 2014. Larry W. Minor, Associate Administrator for Policy. Mr. Hartl is a 55 year old driver in Wisconsin. He has a history of epilepsy and has remained seizure free for 35 years. He takes anti-seizure medication with the dosage and frequency remaining the same for over 10 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Hartl receiving an exemption. 17:33 Mar 12, 2014 CMV. His physician states that he is supportive of Mr. Yowell receiving an exemption. Mr. Lansberry is a 62 year-old driver in Pennsylvania. He has a history of seizure disorder and has remained seizure free for 7 years. He takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Lansberry receiving an exemption. Peter Thompson VerDate Mar<15>2010 14331 Mr. Thompson is a 21 year-old driver in Florida. He has a history of seizures and has remained seizure free for over 10 years. He discontinued his antiseizure medication 8 years ago. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Thompson receiving an exemption. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2003–16241; FMCSA– 2003–16564; FMCSA–2004–19477; FMCSA– 2007–0071; FMCSA–2007–29019; FMCSA– 2009–0291; FMCSA–2009–0321; FMCSA– 2011–0298; FMCSA–2011–0299] 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 23 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 31, 2014. Comments must be received on or before April 14, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–2003–16241; FMCSA–2003–16564; FMCSA–2004– 19477; FMCSA–2007–0071; FMCSA– 2007–29019; FMCSA–2009–0291; FMCSA–2009–0321; FMCSA–2011– 0298; FMCSA–2011–0299], using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1 TKELLEY on DSK3SPTVN1PROD with NOTICES 14332 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to https:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from VerDate Mar<15>2010 17:33 Mar 12, 2014 Jkt 232001 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 23 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 23 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: William M. Arbogast (FL) Alberto Blanco (NC) Michael B. Canedy (MN) Larry Chinn (WI) Layne C. Coscorrosa (WA) Charles W. Cox (AR) Gary W. Ellis (NC) Robin S. England (GA) Dennis J. Evers (OK) Hector O. Flores (MD) Miguel Godinez (CA) W. R. Goold (AZ) K. L. Guse (OH) Steven W. Halsey (MO) John C. Henricks (OH) Donald W. Holt (MA) Thomas M. Leadbitter (PA) Jonathan P. Lovel (IL) Tom A. McCarty (NM) Ezequiel M. Ramirez (TX) Kent S. Reining (IL) Donald F. Wilton (CA) Richard W. Wylie (CT) 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 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 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 23 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (68 FR 61857; 68 FR 74699; 68 FR 75715; 69 FR 10503; 69 FR 64806; 70 FR 2705; 71 FR 644; 71 FR 6829; 72 FR 1054; 72 FR 58362; 72 FR 67344; 73 FR 6242; 73 FR 8392; 73 FR 16950; 74 FR 26464; 74 FR 65842; 74 FR 65845; 75 FR 1835; 75 FR 8184; 75 FR 9477; 75 FR 9478; 75 FR 9482; 76 FR 70212; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR 3547; 77 FR 7233; 77 FR 10604; 77 FR 13689). Each of these 23 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 April 14, 2014. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES 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 23 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–2003–16241; FMCSA–2003– 16564; FMCSA–2004–19477; FMCSA– 2007–0071; FMCSA–2007–29019; FMCSA–2009–0291; FMCSA–2009– 0321; FMCSA–2011–0298; FMCSA– 2011–0299 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 VerDate Mar<15>2010 17:33 Mar 12, 2014 Jkt 232001 14333 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. FOR FURTHER INFORMATION CONTACT: Viewing Comments and Documents Electronic Access 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 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 FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement 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). 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–2003–16241; FMCSA–2003– 16564; FMCSA–2004–19477; FMCSA– 2007–0071; FMCSA–2007–29019; FMCSA–2009–0291; FMCSA–2009– 0321; FMCSA–2011–0298; FMCSA– 2011–0299 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: February 26, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–05506 Filed 3–12–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0174] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 33 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective March 13, 2014. The exemptions expire on March 14, 2016. SUMMARY: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 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 On January 10, 2014, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (79 FR 1908). That notice listed 33 applicants’ case histories. The 33 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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 statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 33 applications on their merits and E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14331-14333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05506]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2004-19477; 
FMCSA-2007-0071; FMCSA-2007-29019; FMCSA-2009-0291; FMCSA-2009-0321; 
FMCSA-2011-0298; FMCSA-2011-0299]


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 
23 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 31, 2014. Comments must be 
received on or before April 14, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2003-
16241; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2007-0071; FMCSA-2007-
29019; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0298; FMCSA-2011-
0299], using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the

[[Page 14332]]

on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to https://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to https://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the vision requirements in 49 CFR 391.41(b)(10), which applies to 
drivers of CMVs in interstate commerce, for a two-year period if it 
finds ``such exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption.'' The procedures for requesting an exemption (including 
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 23 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 23 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

William M. Arbogast (FL)
Alberto Blanco (NC)
Michael B. Canedy (MN)
Larry Chinn (WI)
Layne C. Coscorrosa (WA)
Charles W. Cox (AR)
Gary W. Ellis (NC)
Robin S. England (GA)
Dennis J. Evers (OK)
Hector O. Flores (MD)
Miguel Godinez (CA)
W. R. Goold (AZ)
K. L. Guse (OH)
Steven W. Halsey (MO)
John C. Henricks (OH)
Donald W. Holt (MA)
Thomas M. Leadbitter (PA)
Jonathan P. Lovel (IL)
Tom A. McCarty (NM)
Ezequiel M. Ramirez (TX)
Kent S. Reining (IL)
Donald F. Wilton (CA)
Richard W. Wylie (CT)

    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 23 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (68 FR 61857; 68 FR 74699; 68 FR 75715; 69 FR 10503; 69 FR 
64806; 70 FR 2705; 71 FR 644; 71 FR 6829; 72 FR 1054; 72 FR 58362; 72 
FR 67344; 73 FR 6242; 73 FR 8392; 73 FR 16950; 74 FR 26464; 74 FR 
65842; 74 FR 65845; 75 FR 1835; 75 FR 8184; 75 FR 9477; 75 FR 9478; 75 
FR 9482; 76 FR 70212; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR 3547; 
77 FR 7233; 77 FR 10604; 77 FR 13689). Each of these 23 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 April 14, 2014.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and

[[Page 14333]]

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 23 
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-2003-16241; FMCSA-
2003-16564; FMCSA-2004-19477; FMCSA-2007-0071; FMCSA-2007-29019; FMCSA-
2009-0291; FMCSA-2009-0321; FMCSA-2011-0298; FMCSA-2011-0299 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-2003-16241; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2007-0071; 
FMCSA-2007-29019; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0298; 
FMCSA-2011-0299 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: February 26, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-05506 Filed 3-12-14; 8:45 am]
BILLING CODE 4910-EX-P
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