Qualification of Drivers; Exemption Applications; Vision, 14220-14222 [2015-06177]
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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
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1. Pain and other symptoms
associated with IC may result in
exertional limitations that prevent a
person from doing a full range of
unskilled work in one or more of the
exertional categories in appendix 2 of
subpart P of part 404 (appendix 2).43
People with IC may also have
nonexertional physical or mental
limitations because of their pain or
other symptoms.44 Some may have
environmental restrictions, which are
also nonexertional.
2. Exertional and nonexertional
limitations resulting from IC may affect
the person’s ability to perform routine
movement and necessary physical
activity in the work environment, such
as sitting, standing, walking, lifting,
carrying, pushing, and pulling. These
limitations may also affect the person’s
ability to do postural functions, such as
climbing, balancing, stooping, and
crouching, or they may affect the
person’s ability to tolerate extreme heat,
humidity, or hazards.
3. Adjudicators must be alert to the
possibility that there may be exertional
or nonexertional (for example, postural
or environmental) limitations that erode
a person’s occupational base sufficiently
to preclude the use of a rule in appendix
2 to direct a decision. In such cases,
adjudicators must use the rules in
appendix 2 as a framework for decisionmaking and may need to consult a
vocational resource.45
E. Continuing disability reviews. In
those cases in which we find that a
person has a disability based on IC, we
will conduct an appropriate continuing
disability review as required by law.46
For this review, we take into account
relevant individual case facts, such as
the combined severity of other chronic
43 See SSR 83–12: Title II and SVI: Capability To
Do Other Work—The Medical-Vocational Rules as
a Framework for Evaluating Exertional Limitations
Within a Range of Work or Between Ranges of Work
(available at https://www.socialsecurity.gov/OP_
Home/rulings/di/02/SSR83-12-di-02.html).
44 See SSR 85–15: Titles II and XVI: Capability To
Do Other Work—Medical-Vocational Rules as a
Framework for Evaluating Solely Nonexertional
Impairments (available at: https://
www. social security. gov/OP_Home/rulings/di/02/
SSR85-15-di-02.html).
45 See SSR 83–12; SSR 83–14: Titles II and XVI:
Capability To Do Other Work—The MedicalVocational Rules as a Framework for Evaluating a
Combination of Exertional and Nonexertional
Impairments (available at https://www.social
security.gov/OP_Home/rulings/di/02/SSR83-14-di02.html); SSR 85–15; and SSR 96–9p, Titles II and
XVI: Determining Capability to Do Other Work—
Implications of a Residual Functional Capacity for
Less Than a Full Range of Sedentary Work, 61 FR
34478 (July 2, 1996) (also available at https://www.
socialsecurity.gov/OP_Home/rulings/di/01/SSR9609-di-01.html).
46 See 20 CFR 404.1594, 416.994, and 416.994a.
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or static impairments, and the person’s
vocational factors.
Effective Date: This SSR is effective
on March 18, 2015.
Cross-References: SSR 82–63: Titles II
and XVI: Medical-Vocational Profiles
Showing an Inability To Make an
Adjustment to Other Work; SSR 83–12:
Titles II and XVI: Capability To Do
Other Work—The Medical-Vocational
Rules as a Framework for Evaluating
Exertional Limitations Within a Range
of Work or Between Ranges of Work;
SSR 83–14: Titles II and XVI: Capability
To Do Other Work—The MedicalVocational Rules as a Framework for
Evaluating a Combination of Exertional
and Nonexertional Impairments; SSR
85–15: Titles II and XVI: Capability To
Do Other Work—The MedicalVocational Rules as a Framework for
Evaluating Solely Nonexertional
Impairments; SSR 96–2p, Titles II and
XVI: Giving Controlling Weight to
Treating Source Medical Opinions; SSR
96–3p, Titles II and XVI: Considering
Allegations of Pain and Other
Symptoms in Determining Whether a
Medically Determinable Impairment Is
Severe; SSR 96–4p, Titles II and XVI:
Symptoms, Medically Determinable
Physical and Mental Impairments, and
Exertional and Nonexertional
Limitations; SSR 96–5p, Titles II and
XVI: Medical Source Opinions on Issues
Reserved to the Commissioner; SSR 96–
7p, Titles II and XVI: Evaluation of
Symptoms in Disability Claims:
Assessing the Credibility of an
Individual’s Statements; SSR 96–8p,
Titles II and XVI: Assessing Residual
Functional Capacity in Initial Claims;
SSR 96–9p, Titles II and XVI:
Determining Capability to Do Other
Work—Implications of a Residual
Functional Capacity for Less Than a
Full Range of Sedentary Work; SSR 06–
03p, Titles II and XVI: Considering
Opinions and Other Evidence from
Sources Who Are Not ‘‘Acceptable
Medical Sources’’ in Disability Claims;
Considering Decisions on Disability by
Other Governmental and
Nongovernmental Agencies; SSR 12–2p,
Titles II and XVI: Evaluation of
Fibromyalgia; SSR 14–1p, Titles II and
XVI: Evaluating Cases Involving Chronic
Fatigue Syndrome (CFS); and Program
Operations Manual System (POMS) DI
22505.001, DI 22505.003, DI 24505.003,
DI 24510.057, DI 24515.012, DI
24515.061–DI 24515.063, DI 24515.066,
DI 24515.067, DI 24515.075, DI
24555.001, DI 25010.001, and DI
25025.001.
[FR Doc. 2015–05680 Filed 3–17–15; 8:45 am]
BILLING CODE 4191–02–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0022]
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 11
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 April
16, 2015. Comments must be received
on or before April 17, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2013–0022], 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
DATES:
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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
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:
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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II. Exemption Decision
This notice addresses 11 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
11 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Terry R. Hunt (FL)
Sebastian G. Jachymiak (IL)
Geron Lopez-Padilla (CT)
James P. O’Berry (GA)
Mark A. Omps (WV)
Larry B. Peterson (AR)
Franklin P. Reigle III (MD)
Phillip Schaub (CO)
George Stapleton (GA)
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James K. Waites (AR)
Scott Wallbank (MA)
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 11 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (78 FR 12815; 78 FR
22602). Each of these 11 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
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14221
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–2013–0022), 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
https://www.regulations.gov and put the
docket number, ‘‘FMCSA–2013–0022’’
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–2013–0022’’ 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.
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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
Issued on: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–06177 Filed 3–17–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0037]
Parts and Accessories Necessary for
Safe Operation; Mobileye, Inc.,
Application for an Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant
Mobileye, Inc.’s (Mobileye) exemption
application to enable motor carriers to
utilize its camera-based collision
avoidance systems (CAS) mounted
within the swept area of the windshield
wipers. The Federal Motor Carrier
Safety Regulations (FMCSRs) currently
require antennas, transponders, and
similar devices to be located outside the
area swept by the windshield wipers.
The Mobileye CAS is able to warn
drivers of potential hazards by detecting
other vehicles, pedestrians and cyclists
on the road, and lane markings and
traffic signs. The Agency believes the
use of the CAS promotes improved
safety performance and that the
placement of the system in the swept
area of the windshield wipers will not
obstruct drivers’ view of the roadway
and potential hazards. The Agency has
concluded that the limited 2-year
exemption will achieve a level of safety
equivalent to or greater than the level of
safety provided by the rule restricting
the placement of devices in the
windshield area.
DATES: This exemption is effective
March 18, 2015 and ending March 20,
2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5370, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
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SUMMARY:
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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., ET, Monday through
Friday, except Federal holidays. The online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public 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 safety analyses
and public comments submitted, 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)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
Mobileye’s Application for Exemption
Mobileye applied for an exemption
from 49 CFR 393.60(e)(1) to allow the
installation of a CAS system on several
thousand commercial motor vehicles. 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 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.
In its application, Mobileye stated:
Mobileye is making this request because
we are coordinating device development and
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installation of a camera based collision
avoidance system in up to several hundred
thousand commercial motor vehicles. The
camera based sensor equipment to be
installed is going to be located at either the
bottom or top of the windshield, but will be
in the swept area of the windshield wipers
because the safety equipment must have a
clear forward facing view of the road.
This system is the same technology that
Mobileye provides to carmakers such as
Ford, GM, Honda and many others. These
companies have deployed over two million
vehicles with this technology. Collision
avoidance systems, in particular those that
have the main features of Mobileye, have
been noted by NHTSA, NTSB and FMCSA as
key safety equipment in both cars and trucks.
Recently, the NTSB cited this type of
collision avoidance system as part of its top
ten ‘‘most wanted’’ advocacy priorities.
FMCSA itself has recommended Forward
Collision Warning and Lane Departure
Warning, just two of Mobileye features.
Mobileye seeks exemption for the aftermarket
(field retrofitable) version of this technology.
With the exemption, Mobileye will be able
to install the camera based collision
avoidance system in a location which will
offer the best opportunity to optimize the
data and evaluate the benefits of such a
system as well as maximize safety benefits.
FMCSA published a notice of the
application in the Federal Register on
July 2, 2014, and asked for public
comment (79 FR 37841).
Comments
In response to its notice requesting
public comment, the Agency received
one comment from the American
Trucking Associations (ATA). The ATA
stated that it ‘‘strongly supports’’
granting the exemption to allow use of
the Mobileye CAS in commercial motor
vehicles. The ATA noted that ‘‘Safety
technology companies have been
working with many ATA members to
help reduce carrier crash involvement
rates using their technologies. As a
result, many of our member companies
have seen significant decreases in the
number of at-fault collisions and near
misses.’’
FMCSA Decision
The FMCSA has evaluated the
Mobileye exemption application. The
Agency believes that granting the
temporary exemption to allow
placement of the Mobileye CAS system
sensor in the upper or lower portion of
the windshield, within the swept area of
the windshield wipers, will provide a
level of safety that is equivalent to, or
greater than, the level of safety achieved
without the exemption because (1)
based on the technical information
available, there is no indication that the
CAS sensor would obstruct drivers’
views of the roadway, highway signs
and surrounding traffic; (2) generally,
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]]>Agencies
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14220-14222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06177]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0022]
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
11 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 April 16, 2015. Comments must be
received on or before April 17, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2013-
0022], 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
[[Page 14221]]
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 11 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 11 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Terry R. Hunt (FL)
Sebastian G. Jachymiak (IL)
Geron Lopez-Padilla (CT)
James P. O'Berry (GA)
Mark A. Omps (WV)
Larry B. Peterson (AR)
Franklin P. Reigle III (MD)
Phillip Schaub (CO)
George Stapleton (GA)
James K. Waites (AR)
Scott Wallbank (MA)
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 11 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (78 FR 12815; 78 FR 22602). Each of these 11 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-2013-0022), 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 https://www.regulations.gov and
put the docket number, ``FMCSA-2013-0022'' 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-2013-0022'' 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.
[[Page 14222]]
Issued on: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06177 Filed 3-17-15; 8:45 am]
BILLING CODE 4910-EX-P
