Qualification of Drivers; Exemption Applications; Vision, 8751-8753 [2015-03241]
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public with an opportunity to
inspect the information relevant to the
application, including any safety
analyses that have been conducted. The
Agency must also provide an
opportunity for public comment on the
request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
2 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
VTTI’s Application for Exemption
VTTI has applied for an exemption
from 49 CFR 393.60(e)(1) to allow the
installation of DASs at the bottom of the
windshield on CMVs. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
Section 393.60(e)(1) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted at the
top of the windshield. Antennas,
transponders and similar devices
(devices) must not be mounted more
than 152 mm (6 inches) below the upper
edge of the windshield. These devices
must be located outside the area swept
by the windshield wipers and outside
the driver’s sight lines to the road and
highway signs and signals.
VTTI has applied for the exemption
because it wants to install DASs in up
to 150 CMVs operating throughout the
United States in support of research
being conducted on behalf of NHTSA.
VTTI contends that it must be able to
mount the DASs lower than allowed
under 49 CFR 393.60(e)(1) ‘‘because the
safety equipment must have a clear
forward facing view of the road, and low
enough to accurately scan facial features
for detection of impaired driving.’’
VTTI’s mounting preference for the
DASs and necessary mounting brackets
is at the bottom of the windshield, and
is best suited for mounting within and/
or below 3 inches of the bottom of the
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19:32 Feb 17, 2015
Jkt 235001
windshield wiper sweep, and out of the
driver’s sightlines to the road and
highway signs and signals, to the extent
practicable.
FMCSA Grant of Waiver to VTTI
Pursuant to 49 U.S.C. 31315(a) and 49
CFR part 381, subpart B, the FMCSA
granted VTTI a 90-day waiver on
January 26, 2015 to allow the placement
of the DASs at the bottom of
windshields on CMVs, outside of the
area permitted by section 393.60 of the
FMCSRs. This waiver is effective from
January 26, 2015, through April 25,
2015. Up to 150 DASs will be installed
and the affected motor carriers are listed
as below:
1. USDOT #
32052.
2. USDOT #
369138.
3. USDOT #
1977980.
4. USDOT #
282628.
5. USDOT #
184405.
6. USDOT #
1243338.
7. USDOT #
75827.
Crosby Trucking Service Inc.
in Mount Sydney VA.
Rush Trucking Corporation
in Wayne Michigan.
Kuperus Trucking Inc. in
Jenison MI.
Stagecoach Cartage and
Distribution, LP in El Paso
TX.
J & M Tank Lines Inc. in Birmingham AL.
P&S Transportation LLC in
Ensley AL.
Modular Transport Company
in Wyoming MI.
During the waiver period, these motor
carriers participating in the NHTSA
research program must ensure that the
DASs are mounted within three inches
of the bottom of the driver side
windshield wiper sweep, and out of the
driver’s sightlines to the road and
highway signs and signals as much as
practicable. Vehicles participating in the
study must carry a copy of this waiver
in the vehicle.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
VTTI’s application for an exemption
from 49 CFR 393.60(e)(1). All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered 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
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8751
persons should continue to examine the
public docket for new material.
Issued on: February 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–03239 Filed 2–17–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25246; FMCSA–
2006–26066; FMCSA–2008–0340; FMCSA–
2010–0327; FMCSA–2010–0385; FMCSA–
2012–0280; FMCSA–2012–0337; FMCSA–
2012–0339]
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 17
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 March
1, 2015. Comments must be received on
or before March 20, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2006–25246;
FMCSA–2006–26066; FMCSA–2008–
0340; FMCSA–2010–0327; FMCSA–
2010–0385; FMCSA–2012–0280;
FMCSA–2012–0337; FMCSA–2012–
0339], 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.,
DATES:
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
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: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Carrier,
Driver and Vehicle Safety Standards,
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:
emcdonald on DSK67QTVN1PROD with NOTICES
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.
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19:32 Feb 17, 2015
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II. Exemption Decision
This notice addresses 17 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
17 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Kreis C. Baldridge (TN)
Steven J. Clark (GA)
Thomas A. Crowell (NC)
Michael A. Fouch (NJ)
Wilfred J. Gagnon (VT)
Ricky G. Jacks (AL)
Scott A. Lambertson (MN)
Carl A. Lohrbach (OH)
Jay C. Naccarato (WA)
Jeffrey L. Olson (MN)
Gary J. Peterson (IL)
Donnie R. Riggs (AL)
James E. Savage (NV)
Randall S. Surber (WV)
Ernest W. Waff (VA)
Curtis E. Way (TX)
John E. Westbrook (LA)
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
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Fmt 4703
Sfmt 4703
31315, each of the 17 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (71 FR 63379; 71 FR
63380; 72 FR 180; 72 FR 1050; 72 FR
9397; 73 FR 75803; 73 FR 78422; 74 FR
980; 74 FR 6209; 74 FR 6211; 75 FR
65057; 75 FR 77492; 75 FR 79081; 75 FR
79083; 76 FR 4413; 76 FR 4414; 76 FR
5425; 76 FR 8809; 76 FR 9865; 77 FR
64839; 77 FR 70534; 77 FR 75494; 78 FR
800; 78 FR 1919; 78 FR 9772; 78 FR
11731; 78 FR 12813; 78 FR 12817). Each
of these 17 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–2006–25246; FMCSA–
2006–26066; FMCSA–2008–0340;
FMCSA–2010–0327; FMCSA–2010–
0385; FMCSA–2012–0280; FMCSA–
2012–0337; FMCSA–2012–0339),
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, got
to https://www.regulations.gov and put
the docket number, ‘‘FMCSA–2006–
25246; FMCSA–2006–26066; FMCSA–
2008–0340; FMCSA–2010–0327;
FMCSA–2010–0385; FMCSA–2012–
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
0280; FMCSA–2012–0337; FMCSA–
2012–0339’’ 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
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
https://www.regulations.gov and in the
search box insert the docket number,
‘‘FMCSA–2006–25246; FMCSA–2006–
26066; FMCSA–2008–0340; FMCSA–
2010–0327; FMCSA–2010–0385;
FMCSA–2012–0280; FMCSA–2012–
0337; FMCSA–2012–0339’’ 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: February 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–03241 Filed 2–17–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2014–0025]
emcdonald on DSK67QTVN1PROD with NOTICES
Notice of Buy America Waiver for
Track Turnout Components
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of Buy America Waiver.
In response to a request from
the Long Island Rail Road Company
(LIRR), a subsidiary of the New York
Metropolitan Transportation Authority
(MTA), for a Buy America waiver for
SUMMARY:
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19:32 Feb 17, 2015
Jkt 235001
track turnout components, the Federal
Transit Administration (FTA) hereby
waives its Buy America requirements
for LIRR’s procurement of the following
track turnout components: Schwihag
roller assemblies, Schwihag plates,
ZU1–60 steel switch point rail sections,
and movable point frogs. This waiver is
limited to LIRR’s procurement of these
track turnout components for the nine
(9) turnouts that LIRR needs for VHL03
LIRR Stage 3 of the East Side Access
Project and the one (1) turnout that LIRR
needs for VHL04 LIRR Stage 4 of the
East Side Access Project. The turnouts
themselves, however, are subject to
FTA’s Buy America requirements and,
accordingly, the turnouts must be
manufactured in the United States.
This Buy America waiver does not
apply to the track turnout components
for Phase I of LIRR’s Jamaica Capacity
Improvements Project, and FTA will
address that waiver request separately.
Moreover, this Buy America waiver
does not apply to the track turnout
components for the Northeast Corridor
Congestion Relief Project at Harold
Interlocking, which is being addressed
in a separate waiver decision published
by the Federal Railroad Administration
(FRA), as FRA funds are being used for
that project.
DATES: This waiver is effective
immediately.
FOR FURTHER INFORMATION CONTACT:
Richard L. Wong, FTA AttorneyAdvisor, at (202) 366–4011 or
Richard.Wong@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to announce
that FTA is granting a non-availability
waiver for LIRR’s procurement of track
turnout components—i.e., Schwihag
roller assemblies, Schwihag plates,
ZU1–60 steel switch point rail sections,
and movable point frogs (MPFs)—that
are needed for VHL03 LIRR Stage 3 and
VHL04 LIRR Stage 4 of the East Side
Access (ESA) Project.
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). A manufactured
product is considered produced in the
United States if: (1) All of the
manufacturing processes for the product
must take place in the United States;
and (2) All of the components of the
product must be of U.S. origin. 49 CFR
661.5(d). A component is considered of
U.S. origin if it is manufactured in the
United States, regardless of the origin of
its subcomponents. 49 CFR 661.5(d)(2).
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8753
If, however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a waiver
(non-availability waiver). 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
On July 31, 2014, LIRR requested a
non-availability Buy America waiver for
the procurement of four specific track
turnout components—i.e., Schwihag
roller assemblies, Schwihag plates,
ZU1–60 steel switch point rail sections,
and MPFs—that are needed for the ESA
Project. MTA entered into an FTA Full
Funding Grant Agreement in 2006 to
build the ESA Project. As described by
LIRR, the ESA Project will extend LIRR
commuter rail service from Queens to
the east side of Midtown Manhattan and
will construct a new LIRR Terminal at
Grand Central Terminal.
On February 4, 2015, LIRR submitted
a letter to FTA indicating that it has
become aware of alternate turnout
designs that may be compatible with
LIRR’s infrastructure, with some
modifications, for the ESA Project and
that may be available from a domestic
source in the future. Accordingly, in its
February 4, 2015 letter, LIRR narrowed
its waiver request to apply only to
VHL03 LIRR Stage 3 and VHL04 LIRR
Stage 4 of the ESA Project. Specifically,
LIRR explained that it critically needs
the Buy America waiver for nine (9)
turnouts that are necessary for VHL03
LIRR Stage 3 of the ESA Project in order
for LIRR to meet its 2016 installation
schedule and to thereby avoid delays to
the overall ESA project schedule.
Additionally, LIRR specified that it
needs the track turnout components
waiver so that it may procure one (1)
unique turnout—No. 32.75—for VHL04
LIRR Stage 4 of the ESA Project.
LIRR has stated that the foreignsourced MPFs are essential components
of track turnouts for the following
operational reasons: (1) turnouts with
MPFs are necessary to withstand the
frequent and heavy use by passenger
and freight trains traveling along LIRR’s
right of way; (2) turnouts with MPFs
allow trains to travel through the
turnouts at higher speeds, ultimately
providing more throughput during rush
hour; (3) turnouts with MPFs reduce
impact loading to the turnouts; and (4)
turnouts with MPFs provide for less
wear and tear, thereby requiring less
overall maintenance, extending the
useful lives of the turnouts, and
resulting in fewer outages and negative
impacts on LIRR’s operations.
Based on previous solicitations,
market research, and manufacturer
outreach, as set forth below, LIRR
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Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8751-8753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03241]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-
2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-
2012-0339]
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
17 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 1, 2015. Comments must be
received on or before March 20, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-2010-0327; FMCSA-2010-
0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0339], 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.,
[[Page 8752]]
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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards, 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 17 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 17 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Kreis C. Baldridge (TN)
Steven J. Clark (GA)
Thomas A. Crowell (NC)
Michael A. Fouch (NJ)
Wilfred J. Gagnon (VT)
Ricky G. Jacks (AL)
Scott A. Lambertson (MN)
Carl A. Lohrbach (OH)
Jay C. Naccarato (WA)
Jeffrey L. Olson (MN)
Gary J. Peterson (IL)
Donnie R. Riggs (AL)
James E. Savage (NV)
Randall S. Surber (WV)
Ernest W. Waff (VA)
Curtis E. Way (TX)
John E. Westbrook (LA)
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 17 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (71 FR 63379; 71 FR 63380; 72 FR 180; 72 FR 1050; 72 FR
9397; 73 FR 75803; 73 FR 78422; 74 FR 980; 74 FR 6209; 74 FR 6211; 75
FR 65057; 75 FR 77492; 75 FR 79081; 75 FR 79083; 76 FR 4413; 76 FR
4414; 76 FR 5425; 76 FR 8809; 76 FR 9865; 77 FR 64839; 77 FR 70534; 77
FR 75494; 78 FR 800; 78 FR 1919; 78 FR 9772; 78 FR 11731; 78 FR 12813;
78 FR 12817). Each of these 17 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-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-
2010-0327; FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-
2012-0339), 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, got to https://www.regulations.gov
and put the docket number, ``FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-
2008-0340; FMCSA-2010-0327; FMCSA-2010-0385; FMCSA-2012-
[[Page 8753]]
0280; FMCSA-2012-0337; FMCSA-2012-0339'' 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 https://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-2010-0327;
FMCSA-2010-0385; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0339'' 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: February 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03241 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-EX-P