Qualification of Drivers; Exemption Applications; Vision, 16500-16502 [2015-07046]
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16500
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
Alan T. Von Lintel
Mr. Von Lintel is a 60 year-old driver
in Kansas. He has a history of a seizure
disorder and has remained seizure free
since 2004. He takes anti-seizure
medication with the dosage and
frequency remaining the same since July
2012. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Von Lintel receiving an exemption.
E. Basis for Exemption
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the epilepsy/seizure
standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an
equivalent or greater level of safety than
would be achieved without the
exemption. Without the exemption,
applicants will continue to be restricted
to intrastate driving. With the
exemption, applicants can drive in
interstate commerce. Thus, the Agency’s
analysis focuses on whether an equal or
greater level of safety is likely to be
achieved by permitting each of these
drivers to drive in interstate commerce
as opposed to restricting the driver to
driving in intrastate commerce.
mstockstill on DSK4VPTVN1PROD with NOTICES
Conclusion
The Agency is granting exemptions
from the epilepsy standard, 49 CFR
391.41(b)(8), to 8 individuals based on
a thorough evaluation of each driver’s
safety experience, and medical
condition. Safety analysis of
information relating to these 8
applicants meets the burden of showing
that granting the exemptions would
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved without the
exemption. By granting the exemptions,
the interstate CMV industry will gain 8
highly trained and experienced drivers.
In accordance with 49 U.S.C.
31315(b)(1), each exemption will be
valid for 2 years, with annual
recertification required unless revoked
earlier by FMCSA. The exemption will
be revoked if the following occurs: (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 prior to being granted; or (3)
continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
FMCSA exempts the following 8
drivers for a period of 2 years with
annual medical certification required:
Thomas Avery (NY); Michael
Berthiaume (MN); Leo Clemens (PA);
Danny Grafton (ID); Kenneth Peachey
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Jkt 235001
(PA); Philip Stewart (CA); Keith White
(PA); and Alan Von Lintel (KS) from the
prohibition of CMV operations by
persons with a clinical diagnosis of
epilepsy or seizures. If the exemption is
still in effect at the end of the 2-year
period, the person may apply to FMCSA
for a renewal under procedures in effect
at that time.
Issued on: March 19, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–07051 Filed 3–26–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7006; FMCSA–
2000–7918; FMCSA–2002–12844; FMCSA–
2003–14223; FMCSA–2005–20027; FMCSA–
2006–25246; FMCSA–2006–26066; FMCSA–
2008–0398; FMCSA–2010–0187; FMCSA–
2010–0287; FMCSA–2010–0372; FMCSA–
2011–0010; 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 22
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
21, 2015. Comments must be received
on or before April 27, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2000–7006;
FMCSA–2000–7918; FMCSA–2002–
12844; FMCSA–2003–14223; FMCSA–
2005–20027; FMCSA–2006–25246;
FMCSA–2006–26066; FMCSA–2008–
0398; FMCSA–2010–0187; FMCSA–
2010–0287; FMCSA–2010–0372;
FMCSA–2011–0010; FMCSA–2013–
0022], using any of the following
methods:
DATES:
PO 00000
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Fmt 4703
Sfmt 4703
• 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: 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
E:\FR\FM\27MRN1.SGM
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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
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.
II. Exemption Decision
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
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 22 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (57 FR 57266; 65 FR
57230; 65 FR 66286; 66 FR 13825; 67 FR
68719; 68 FR 2629; 68 FR 10300; 68 FR
10301; 68 FR 13360; 68 FR 19596; 69 FR
62741; 70 FR 12265; 70 FR 14747; 70 FR
16886; 70 FR 16887; 70 FR 2701; 70 FR
7546; 71 FR 62147; 71 FR 63379; 72 FR
180; 72 FR 1050; 72 FR 7111; 72 FR
9397; 72 FR 11425; 72 FR 11426; 72 FR
18726; 73 FR 20245; 73 FR 75806; 73 FR
78422; 74 FR 7097; 74 FR 8302; 74 FR
11991; 74 FR 15584; 75 FR 47883; 75 FR
63257; 75 FR 69737; 76 FR 1499; 76 FR
7894; 76 FR 8809; 76 FR 9856; 76 FR
11215; 76 FR 12216; 76 FR 15361; 76 FR
17483; 76 FR 20076; 76 FR 20078; 77 FR
60010; 78 FR 12815; 78 FR 16761; 78 FR
16762; 78 FR 18667; 78 FR 22602). Each
of these 22 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.
This notice addresses 22 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
22 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Roger B. Anders (MD)
John D. Bolding, Jr. (OK)
David B. Bowman (PA)
Benny J. Burke (AL)
Michael P. Curtin (IL)
Elias Gomez, Jr. (TX)
James G. Etheridge (TX)
Michael E. Herrera, Jr. (NM)
Michael R. Holmes (SD)
Mark C. Jeffrey (MT)
James R. Petre (MD)
Gary W. Pope (AK)
Zeljko Popovac (VT)
Jerald W. Rehnke (MN)
Wayne G. Resch (WI)
James R. Rieck (CA)
Raymond E. Royer (SD)
Richie J. Schwendy (IL)
Bill J. Thierolf (NE)
Janusz Tyrpien (FL)
James H. Wallace, Sr. (FL)
Charles F. Wotring (OH)
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
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20:59 Mar 26, 2015
Jkt 235001
III. Basis for Renewing Exemptions
IV. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
16501
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2000–7006; FMCSA–
2000–7918; FMCSA–2002–12844;
FMCSA–2003–14223; FMCSA–2005–
20027; FMCSA–2006–25246; FMCSA–
2006–26066; FMCSA–2008–0398;
FMCSA–2010–0187; FMCSA–2010–
0287; FMCSA–2010–0372; FMCSA–
2011–0010; 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–2000–7006;
FMCSA–2000–7918; FMCSA–2002–
12844; FMCSA–2003–14223; FMCSA–
2005–20027; FMCSA–2006–25246;
FMCSA–2006–26066; FMCSA–2008–
0398; FMCSA–2010–0187; FMCSA–
2010–0287; FMCSA–2010–0372;
FMCSA–2011–0010; 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–2000–7006; FMCSA–2000–
7918; FMCSA–2002–12844; FMCSA–
2003–14223; FMCSA–2005–20027;
FMCSA–2006–25246; FMCSA–2006–
26066; FMCSA–2008–0398; FMCSA–
2010–0187; FMCSA–2010–0287;
FMCSA–2010–0372; FMCSA–2011–
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16502
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
0010; 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., ET., Monday through
Friday, except Federal holidays.
Issued on: March 19, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–07046 Filed 3–26–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–8398; FMCSA–
2002–13411; FMCSA–2003–14223; FMCSA–
2004–17984; FMCSA–2004–19477; FMCSA–
2005–20027; FMCSA–2007–27333; FMCSA–
2008–0398; FMCSA–2009–0054; FMCSA–
2010–0385]
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 26
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 May 7,
2015. Comments must be received on or
before April 27, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2000–8398;
FMCSA–2002–13411; FMCSA–2003–
14223; FMCSA–2004–17984; FMCSA–
2004–19477; FMCSA–2005–20027;
FMCSA–2007–27333; FMCSA–2008–
0398; FMCSA–2009–0054; FMCSA–
2010–0385], using any of the following
methods:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:59 Mar 26, 2015
Jkt 235001
• 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: 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
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
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 26 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
26 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Rex A. Botsford (MI)
William D. Cardiff (IL)
Roger C. Carson (IN)
Gregory L. Cooper (PA)
Kenneth D. Craig (VA)
Terry J. Dare (IN)
Jerald O. Edwards (ID)
Breck L. Falcon (LA)
Kenneth E. Flack, Jr. (AL)
Maylin E. Frickey (OR)
David R. Gross (PA)
Francisco J. Jimenez (TX)
Christopher J. Kane (VT)
Michael Lafferty (ID)
Roosevelt Lawson (AL)
Eugene R. Lydick (VA)
Emanuel N. Malone (VA)
Roberto E. Martinez (WA)
Travis W. Neiwert (ID)
Bernard J. Phillips (WA)
James A. Smith (WA)
Clarence L. Swann, Jr. (AL)
Michael G. Trueblood (IL)
Donald A. Uplinger II (OH)
Kerry W. VanStory (TX)
Steven M. Vujicic (IL)
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
E:\FR\FM\27MRN1.SGM
27MRN1
]]>Agencies
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16500-16502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07046]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-
2003-14223; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066;
FMCSA-2008-0398; FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-2010-0372;
FMCSA-2011-0010; 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
22 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 21, 2015. Comments must be
received on or before April 27, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2003-14223; FMCSA-2005-
20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0398; FMCSA-2010-
0187; FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-0010; 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 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
[[Page 16501]]
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 22 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 22 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Roger B. Anders (MD)
John D. Bolding, Jr. (OK)
David B. Bowman (PA)
Benny J. Burke (AL)
Michael P. Curtin (IL)
Elias Gomez, Jr. (TX)
James G. Etheridge (TX)
Michael E. Herrera, Jr. (NM)
Michael R. Holmes (SD)
Mark C. Jeffrey (MT)
James R. Petre (MD)
Gary W. Pope (AK)
Zeljko Popovac (VT)
Jerald W. Rehnke (MN)
Wayne G. Resch (WI)
James R. Rieck (CA)
Raymond E. Royer (SD)
Richie J. Schwendy (IL)
Bill J. Thierolf (NE)
Janusz Tyrpien (FL)
James H. Wallace, Sr. (FL)
Charles F. Wotring (OH)
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 22 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (57 FR 57266; 65 FR 57230; 65 FR 66286; 66 FR 13825; 67 FR
68719; 68 FR 2629; 68 FR 10300; 68 FR 10301; 68 FR 13360; 68 FR 19596;
69 FR 62741; 70 FR 12265; 70 FR 14747; 70 FR 16886; 70 FR 16887; 70 FR
2701; 70 FR 7546; 71 FR 62147; 71 FR 63379; 72 FR 180; 72 FR 1050; 72
FR 7111; 72 FR 9397; 72 FR 11425; 72 FR 11426; 72 FR 18726; 73 FR
20245; 73 FR 75806; 73 FR 78422; 74 FR 7097; 74 FR 8302; 74 FR 11991;
74 FR 15584; 75 FR 47883; 75 FR 63257; 75 FR 69737; 76 FR 1499; 76 FR
7894; 76 FR 8809; 76 FR 9856; 76 FR 11215; 76 FR 12216; 76 FR 15361; 76
FR 17483; 76 FR 20076; 76 FR 20078; 77 FR 60010; 78 FR 12815; 78 FR
16761; 78 FR 16762; 78 FR 18667; 78 FR 22602). Each of these 22
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-2000-7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2003-
14223; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-
2008-0398; FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-
2011-0010; 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-2000-7006; FMCSA-2000-7918; FMCSA-2002-
12844; FMCSA-2003-14223; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-
2006-26066; FMCSA-2008-0398; FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-
2010-0372; FMCSA-2011-0010; 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-2000-7006; FMCSA-2000-7918; FMCSA-2002-12844; FMCSA-2003-14223;
FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0398;
FMCSA-2010-0187; FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-
[[Page 16502]]
0010; 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., ET.,
Monday through Friday, except Federal holidays.
Issued on: March 19, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07046 Filed 3-26-15; 8:45 am]
BILLING CODE 4910-EX-P
