Qualification of Drivers; Exemption Applications; Vision, 51642-51643 [2014-20638]

Download as PDF 51642 Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Notices familiar with the routes to be traveled. FMCSA has determined that the process for obtaining a CDL in Germany is comparable to that for obtaining a CDL issued by one of the States and adequately assesses the driver’s ability to safely operate CMVs in the United States. DEPARTMENT OF TRANSPORTATION FMCSA Decision Qualification of Drivers; Exemption Applications; Vision Based upon the merits of this application, including Dr. Bernhard’s extensive driving experience and safety record, and the fact that he has successfully completed the requisite training and testing to obtain a German CDL, FMCSA concluded that the exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption, in accordance with § 381.305(a). wreier-aviles on DSK5TPTVN1PROD with NOTICES Terms and Conditions for the Exemption FMCSA grants Daimler and Dr. Wolfgang Bernhard an exemption from the CDL requirement in 49 CFR 383.23 to allow Dr. Bernhard to drive CMVs in this country without a U.S. State-issued CDL, subject to the following terms and conditions: (1) The driver and carrier must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR parts 350–399), (2) the driver must be in possession of the exemption document and a valid German CDL, (3) the driver must be employed by and operating the CMV within the scope of his duties for Daimler, (4) Daimler must notify FMCSA within 5 business days in writing of any accident, as defined in 49 CFR 390.5, involving this driver, and (5) Daimler must notify FMCSA in writing if this driver is convicted of a disqualifying offense under § 383.51 or § 391.15 of the FMCSRs. In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will be valid for 2 years unless revoked earlier by the FMCSA. The exemption will be revoked if: (1) Dr. Bernhard fails to comply with the terms and conditions of the exemption; (2) the exemption results in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would be inconsistent with the goals and objectives of 49 U.S.C. 31315 and 31136. Issued on: August 21, 2014. Anne S. Ferro, Administrator. [FR Doc. 2014–20636 Filed 8–28–14; 8:45 am] BILLING CODE 4910–EX–P VerDate Mar<15>2010 15:29 Aug 28, 2014 Jkt 232001 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–23773; FMCSA– 2008–0106; FMCSA–2010–0082; FMCSA– 2010–0161; FMCSA–2012–0106; FMCSA– 2012–0159; FMCSA–2012–0214] 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 14 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. SUMMARY: This decision is effective October 6, 2014. Comments must be received on or before September 29, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–2006–23773; FMCSA–2008–0106; FMCSA–2010– 0082; FMCSA–2010–0161; FMCSA– 2012–0106; FMCSA–2012–0159; FMCSA–2012–0214], using any of the following methods: • Federal eRulemaking Portal: Go to http://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 http:// www.regulations.gov, including any personal information included in a DATES: PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// 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, R.N., 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: I. 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. II. Exemption Decision This notice addresses 14 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 14 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: E:\FR\FM\29AUN1.SGM 29AUN1 Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES Ramon Adame (IL) Harold J. Bartley, Jr. (KY) Joel W. Bryant (LA) Donald S. Dickerson (WV) Curtis E. Firari (WI) Ronald M. Green (OH) William D. Holt (AZ) Charles S. Huffman (KS) Daniel W. Johnson (NY) Danny W. Nuckles (NY) Philip N. Polcastro (NY) Matias P. Quintanilla (CA) Ronney L. Rogers (WA) Kirk Scott (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. III. 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 14 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (71 FR 6826; 71 FR 19602; 73 FR 35194; 73 FR 35200; 73 FR 36955; 73 FR 48273; 73 FR 48275; 75 FR 25917; 75 FR 36778; 75 FR 39725; 75 FR 39727; 75 FR 44050; 75 FR 44051; 75 FR 61833; 77 FR 33017; 77 FR 36336; 77 FR 38384; 77 FR 44708; 77 FR 46793; 77 FR 46795; 77 FR 52388; 77 FR 52389; 77 FR 56262; 77 FR 59245). Each of these 14 applicants has requested renewal of the VerDate Mar<15>2010 15:29 Aug 28, 2014 Jkt 232001 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. IV. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2006–23773; FMCSA– 2008–0106; FMCSA–2010–0082; FMCSA–2010–0161; FMCSA–2012– 0106; FMCSA–2012–0159; FMCSA– 2012–0214), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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 the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number, ‘‘FMCSA–2006–23773; FMCSA–2008–0106; FMCSA–2010– 0082; FMCSA–2010–0161; FMCSA– 2012–0106; FMCSA–2012–0159; FMCSA–2012–0214’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 51643 envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, ‘‘FMCSA–2006–23773; FMCSA–2008– 0106; FMCSA–2010–0082; FMCSA– 2010–0161; FMCSA–2012–0106; FMCSA–2012–0159; FMCSA–2012– 0214’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: August 20, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–20638 Filed 8–28–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0010] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions, request for comments. AGENCY: FMCSA announces receipt of applications from 35 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. 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. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before September 29, 2014. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes. SUMMARY: E:\FR\FM\29AUN1.SGM 29AUN1

Agencies

[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Pages 51642-51643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20638]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-23773; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-
2010-0161; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0214]


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 
14 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 October 6, 2014. Comments must be 
received on or before September 29, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
23773; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2010-0161; FMCSA-2012-
0106; FMCSA-2012-0159; FMCSA-2012-0214], using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://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 http://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 http://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, R.N., 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: 

I. 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.

II. Exemption Decision

    This notice addresses 14 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 14 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:


[[Page 51643]]


Ramon Adame (IL)
Harold J. Bartley, Jr. (KY)
Joel W. Bryant (LA)
Donald S. Dickerson (WV)
Curtis E. Firari (WI)
Ronald M. Green (OH)
William D. Holt (AZ)
Charles S. Huffman (KS)
Daniel W. Johnson (NY)
Danny W. Nuckles (NY)
Philip N. Polcastro (NY)
Matias P. Quintanilla (CA)
Ronney L. Rogers (WA)
Kirk Scott (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.

III. 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 14 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (71 FR 6826; 71 FR 19602; 73 FR 35194; 73 FR 35200; 73 FR 
36955; 73 FR 48273; 73 FR 48275; 75 FR 25917; 75 FR 36778; 75 FR 39725; 
75 FR 39727; 75 FR 44050; 75 FR 44051; 75 FR 61833; 77 FR 33017; 77 FR 
36336; 77 FR 38384; 77 FR 44708; 77 FR 46793; 77 FR 46795; 77 FR 52388; 
77 FR 52389; 77 FR 56262; 77 FR 59245). Each of these 14 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.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2006-23773; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2010-
0161; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0214), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. 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 the Agency can contact you if it 
has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number, ``FMCSA-2006-23773; FMCSA-2008-0106; FMCSA-2010-
0082; FMCSA-2010-0161; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-
0214'' in the ``Keyword'' box, and click ``Search.'' When the new 
screen appears, click on ``Comment Now!'' button and type your comment 
into the text box in the following screen. Choose whether you are 
submitting your comment as an individual or on behalf of a third party 
and then submit. 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. FMCSA will 
consider all comments and material received during the comment period 
and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, 
``FMCSA-2006-23773; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2010-0161; 
FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0214'' in the ``Keyword'' 
box and click ``Search.'' Next, click ``Open Docket Folder'' button 
choose the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: August 20, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-20638 Filed 8-28-14; 8:45 am]
BILLING CODE 4910-EX-P