Qualification of Drivers; Exemption Applications; Vision, 41721-41723 [2014-16802]
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Notices
have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz,
and 2,000 Hz with or without a hearing aid
when the audiometric device is calibrated to
American National Standard (formerly ASA
Standard) Z24.5–1951.
49 CFR 391.41(b)(11). This standard was
adopted in 1970, with a revision in 1971
to allow drivers to be qualified under
this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970)
and 36 FR 12857 (July 3, 1971).
FMCSA also issues instructions for
completing the medical examination
report and includes advisory criteria on
the report itself to provide guidance for
medical examiners in applying the
hearing standard. See 49 CFR 391.43(f).
The current advisory criteria for the
hearing standard include a reference to
a report entitled ‘‘Hearing Disorders and
Commercial Motor Vehicle Drivers’’
prepared for the Federal Highway
Administration, FMCSA’s predecessor,
in 1993.2
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FMCSA Requests Comments on the
Exemption Applications
FMCSA requests comments from all
interested parties on whether a driver
who cannot meet the hearing standard
should be permitted to operate a CMV
in interstate commerce. Further, the
Agency asks for comments on whether
a driver who cannot meet the hearing
standard should be limited to operating
only certain types of vehicles in
interstate commerce, for example,
vehicles without air brakes. The statute
and implementing regulations
concerning exemptions require that the
Agency request public comments on all
applications for exemptions. The
Agency is also required to make a
determination that an exemption would
likely achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption before granting any such
requests.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
2 This report is available on the FMCSA Web site
at https://www.fmcsa.dot.gov/facts-research/
research-technology/publications/medreport_
archives.htm.
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‘‘FMCSA–2014–0103’’ 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–2014–0103’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Information on Individual Applicants
Kevin S. Beacham
Mr. Beacham, 41, holds an operator’s
license in Maryland.
Tyler R. Carter
41721
Matthew B. Skelton
Mr. Skelton, 35, holds a Class A
commercial driver’s license (CDL) in
Texas.
Charles A. Whitworth
Mr. Whitworth, 44, holds a Class A
commercial driver’s license (CDL) in
Louisiana.
Jesse W. Shelander
Mr. Shelander, 37, holds a Class A
commercial driver’s license (CDL) in
Texas.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b)(4), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business August 18, 2014. Comments
will be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
Agency will file comments received
after the comment closing date in the
public docket, and will consider them to
the extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should monitor the public
docket for new material.
Issued on: July 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–16800 Filed 7–16–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Mr. Carter, 22, holds an operator’s
license in Louisiana.
Stephen K. Gensmer
Mr. Gensmer, 28, holds an operator’s
license in Minnesota.
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
2006–24015; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2008–0266; FMCSA–
2009–0154; FMCSA–2010–0082]
Nathaniel W. Godfrey
Mr. Godfrey, 40, holds an operator’s
license in Kentucky.
Qualification of Drivers; Exemption
Applications; Vision
Mr. Katakurd, 39, holds an operator’s
license in Hawaii.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
Ervin E. Mitchell
SUMMARY:
Jared Y. Katakurd
Mr. Mitchell, 35, holds a Class A
commercial driver’s license (CDL) in
Alabama.
Robert L. Parrish, Jr.
Mr. Parrish, 49, holds an operator’s
license in California.
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Frm 00052
Fmt 4703
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AGENCY:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 40
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Notices
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 August
18, 2014. Comments must be received
on or before August 18, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–1998–4334;
FMCSA–2006–24015; FMCSA–2008–
0106; FMCSA–2008–0174; FMCSA–
2008–0266; FMCSA–2009–0154;
FMCSA–2010–0082], using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
pmangrum on DSK3VPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
15:01 Jul 16, 2014
Jkt 232001
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 40 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
40 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Catarino Aispuro (WA)
Gary R. Andersen (NE)
Edwin A. Betz (IN)
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Armando P. D’Angeli (PA)
Louis A. DiPasqua, Jr. (NY)
Henry L. Donivan (WV)
Randy J. Doran (OR)
Roger D. Elders (MI)
James F. Epperson (IN)
Lucious J. Erwin (TX)
Riche D. Ford (CO)
Kelly L. Foster (UT)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
George F. Hernandez, Jr. (AZ)
Andrew C. Kelly (WV)
Jason W. King (MT)
James T. Leek (WA)
Billy J. Lewis (LA)
Larry McCoy, Sr. (OH)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Chad M. Quarles (AL)
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Sfmt 4703
Carroll G. Quisenberry (KY)
Daniel S. Rebstad (FL)
Ryan J. Reimann (WI)
Jacob H. Riggle (OK)
Brandon J. See (IA)
Ricky L. Shepler (PA)
LeTroy D. Sims (SC)
John L. Stone (PA)
William R. Thomas (MS)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Charles A. Winchell (OK)
Aaron E. Wright (MI).
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 40 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (63 FR 66227; 64 FR
16520; 71 FR 14567; 71 FR 30228; 73 FR
28187; 73 FR 35195; 73 FR 35196; 73 FR
35197; 73 FR 35198; 73 FR 35199; 73 FR
35200; 73 FR 35201; 73 FR 38497; 73 FR
38498; 73 FR 38499; 73 FR 48273; 73 FR
48275; 73 FR 51689; 73 FR 63047; 74 FR
37299; 74 FR 48344; 75 FR 25919; 75 FR
39729; 75 FR 44051; 76 FR 8809; 77 FR
40946; 77 FR 46153). Each of these 40
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Notices
pmangrum on DSK3VPTVN1PROD with NOTICES
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 August 18,
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 40
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
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15:01 Jul 16, 2014
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41723
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.
DEPARTMENT OF TRANSPORTATION
Submitting Comments
[Docket No. FMCSA–2014–0018]
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–1998–4334; FMCSA–2006–
24015; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2008–0266;
FMCSA–2009–0154; FMCSA–2010–
0082 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, 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.
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
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–1998–4334; FMCSA–2006–
24015; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2008–0266;
FMCSA–2009–0154; FMCSA–2010–
0082 and click ‘‘Search.’’ Next, click
‘‘Open Docket Folder’’ and you will find
all documents and comments related to
the proposed rulemaking.
Issued on: July 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–16802 Filed 7–16–14; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00054
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Federal Motor Carrier Safety
Administration
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 88 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. At the end of the comment
period, the Agency will grant
exemptions to the applicants listed
herein if there are no adverse comments
that indicate the driver’s ability will not
achieve a level of safety equivalent to or
greater than the level of safety that
would be obtained by complying with
the regulations. All comments will be
reviewed and evaluated by FMCSA.
Some individuals appearing in this
notice may not receive exemptions
based on comments submitted during
the comment period. Individuals not
granted an exemption may either be
published at a future date based on
further evaluation, or may not be
deemed to meet the aforementioned
level of safety if granted an exemption.
These individuals will be published in
a quarterly notice of exemption denials.
As always, any adverse comments
received after the exemption is granted
will be evaluated, and if they indicate
that the driver is not achieving a level
of safety equivalent to or greater than
the level of safety that would be
obtained by complying with the
regulation, the exemption will be
revoked. When granted, the exemptions
will allow these individuals with ITDM
to operate CMVs in interstate commerce.
DATES: Comments must be received on
or before August 18, 2014. All
comments will be investigated by
FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2014–0018 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Notices]
[Pages 41721-41723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16802]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1998-4334; FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-
2008-0174; FMCSA-2008-0266; FMCSA-2009-0154; FMCSA-2010-0082]
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
40 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has
[[Page 41722]]
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 August 18, 2014. Comments must be
received on or before August 18, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998-
4334; FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-
0266; FMCSA-2009-0154; FMCSA-2010-0082], using any of the following
methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to https://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
Exemption Decision
This notice addresses 40 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 40 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Catarino Aispuro (WA)
Gary R. Andersen (NE)
Edwin A. Betz (IN)
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Armando P. D'Angeli (PA)
Louis A. DiPasqua, Jr. (NY)
Henry L. Donivan (WV)
Randy J. Doran (OR)
Roger D. Elders (MI)
James F. Epperson (IN)
Lucious J. Erwin (TX)
Riche D. Ford (CO)
Kelly L. Foster (UT)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
George F. Hernandez, Jr. (AZ)
Andrew C. Kelly (WV)
Jason W. King (MT)
James T. Leek (WA)
Billy J. Lewis (LA)
Larry McCoy, Sr. (OH)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Chad M. Quarles (AL)
Carroll G. Quisenberry (KY)
Daniel S. Rebstad (FL)
Ryan J. Reimann (WI)
Jacob H. Riggle (OK)
Brandon J. See (IA)
Ricky L. Shepler (PA)
LeTroy D. Sims (SC)
John L. Stone (PA)
William R. Thomas (MS)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Charles A. Winchell (OK)
Aaron E. Wright (MI).
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 40 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66227; 64 FR 16520; 71 FR 14567; 71 FR 30228; 73 FR
28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199;
73 FR 35200; 73 FR 35201; 73 FR 38497; 73 FR 38498; 73 FR 38499; 73 FR
48273; 73 FR 48275; 73 FR 51689; 73 FR 63047; 74 FR 37299; 74 FR 48344;
75 FR 25919; 75 FR 39729; 75 FR 44051; 76 FR 8809; 77 FR 40946; 77 FR
46153). Each of these 40
[[Page 41723]]
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 August 18, 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 40 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-1998-4334; FMCSA-
2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-
2009-0154; FMCSA-2010-0082 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-1998-4334; FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-2008-0174;
FMCSA-2008-0266; FMCSA-2009-0154; FMCSA-2010-0082 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to the proposed rulemaking.
Issued on: July 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-16802 Filed 7-16-14; 8:45 am]
BILLING CODE 4910-EX-P
