Qualification of Drivers; Exemption Applications; Vision, 33008-33009 [2015-14173]

Download as PDF 33008 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES Clifford L. Burruss (CA) Brian G. Dvorak (IL) John L. Edler, III (DE) John T. Johnson (NM) Thomas Korycki (NJ) Larry W. Lunde (WA) Chad S. Penman (UT) Raymond Potter (RI) David J. Rothermal (RI) Charles T. Spears (VA) Brian E. Tessman (WI) Gregory J. Thurston (PA) Donald Torbett (IA) James Whiteway (TX) The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 14 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (76 FR 25766; 76 FR 37885; 78 FR 27281; 78 FR 37270; 78 FR 41188). Each of these 14 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while VerDate Sep<11>2014 16:46 Jun 09, 2015 Jkt 235001 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 theexemption 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. ‘‘FMCSA–2011–0092; FMCSA–2013– 0028’’ 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: May 29, 2015. Larry W. Minor, Associate Administration for Policy. [FR Doc. 2015–14167 Filed 6–9–15; 8:45 am] BILLING CODE 4910–EX–P Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2011–0092; FMCSA– 2013–0028), 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–2011– 0092; FMCSA–2013–0028’’ 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, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. DEPARTMENT OF TRANSPORTATION 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, Background PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0051] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 60 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. 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 exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. 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: SUMMARY: Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period if it finds ‘‘such an exemption would likely achieve a E:\FR\FM\10JNN1.SGM 10JNN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices level of safety that is equivalent to or greater than the level that would be achieved absent such an exemption.’’ The procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 60 individual exemption requests on their merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following nine applicants had no experience operating a CMV: Erica K. Boggs Leslie L. Dana George S. Ginder Destin R. Huerd Edison Joe Miles K. Manross Paul R. Oja Brandon C. Shepard Dontrell D. Williams The following nine applicants did not have three years of experience driving a CMV on public highways with their vision deficiencies: Osman M. Adanalic William R. Bissell David A. Crawford Michael J. Floyd Carlson Koyukuk Abel D. Ordonez Richard A. Paplow Stephen J. Smith Arlyn E. Witker The following four applicants did not have three years of recent experience driving a CMV with the vision deficiency: Carl Jones III Jim Pace Jeffrey G. Sherrill Veronica N. Washington The following two applicants did not have sufficient driving experience during the past three years under normal highway operating conditions: William L. Bowers Bridget Johnson The following applicant, Richard Anthony, had his CDL suspended in relation to a moving violation during the three-year period. Applicants do not qualify for an exemption with a suspension during the three-year period. The following five applicants were unable to obtain a statement from an VerDate Sep<11>2014 17:48 Jun 09, 2015 Jkt 235001 optometrist or ophthalmologist stating that he was able to operate a commercial vehicle from a vision standpoint: Cesar A. Guridy, Jr. Arthur L. Mabb Winston Merrick Barnett K. Moss, Sr. Donald J. Wilson The following applicant, Larry Defrain, did not have stable vision for the entire three-year period. The following two applicants did not meet the vision standard in their better eye: Leonard Hixon Ryan R. Kepford The following nine applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision: John A. Ashworth Ronaldo A. M. Curva Robert L. Downs Harry J. Glynn Julian Gonzales Linda Jones-Hawkins Frederik J. Koning Pedro Torres Robert M. Walls The following 15 applicants were denied because they will not be driving interstate, interstate commerce, or are not required to carry a DOT medical card: Everardo G. Cantu Gale D. Funke Jeffrey W. Graham Dillon L. Hendren Noel C. Hill Edgar I. IzquierdoGarcia Robert Jasniewicz Eric J. Johnson Marion D. Kellstadt Jeffrey E. Leisenring, Sr. Leonard B. Mulkey Michael K. Preslar Vernon D. Roberts Barbara H. Smith Kyle O. Wrisley Finally, the following three applicants perform transportation for the federal government, state, or any political subdivision of the state. Robert L. Bick James L. Lockwood Fredrick D. McCaskill Issued on: May 29, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–14173 Filed 6–9–15; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 33009 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–7006; FMCSA–2000–7363; FMCSA– 2000–8398; FMCSA–2001–9258; FMCSA– 2003–14504; FMCSA–2005–20027; FMCSA– 2005–20560; FMCSA–2006–25246; FMCSA– 2007–27333] 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 20 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 June 26, 2015. Comments must be received on or before July 10, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–1998–4334; FMCSA–2000–7006; FMCSA–2000– 7363; FMCSA–2000–8398; FMCSA– 2001–9258; FMCSA–2003–14504; FMCSA–2005–20027; FMCSA–2005– 20560; FMCSA–2006–25246; FMCSA– 2007–27333], 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 SUMMARY: E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33008-33009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14173]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0051]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its denial of 60 applications from individuals 
who requested an exemption from the Federal vision standard applicable 
to interstate truck and bus drivers and the reasons for the denials. 
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 exemptions does not provide a 
level of safety that will be equivalent to, or greater than, the level 
of safety maintained without the exemptions for these commercial motor 
vehicle (CMV) drivers.

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:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal vision standard for a renewable 2-year period if it 
finds ``such an exemption would likely achieve a

[[Page 33009]]

level of safety that is equivalent to or greater than the level that 
would be achieved absent such an exemption.'' The procedures for 
requesting an exemption are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 60 individual exemption requests on 
their merit and made a determination that these applicants do not 
satisfy the criteria eligibility or meet the terms and conditions of 
the Federal exemption program. Each applicant has, prior to this 
notice, received a letter of final disposition on the exemption 
request. Those decision letters fully outlined the basis for the denial 
and constitute final Agency action. The list published in this notice 
summarizes the Agency's recent denials as required under 49 U.S.C. 
31315(b)(4) by periodically publishing names and reasons for denial.
    The following nine applicants had no experience operating a CMV:

Erica K. Boggs
Leslie L. Dana
George S. Ginder
Destin R. Huerd
Edison Joe
Miles K. Manross
Paul R. Oja
Brandon C. Shepard
Dontrell D. Williams
    The following nine applicants did not have three years of 
experience driving a CMV on public highways with their vision 
deficiencies:

Osman M. Adanalic
William R. Bissell
David A. Crawford
Michael J. Floyd
Carlson Koyukuk
Abel D. Ordonez
Richard A. Paplow
Stephen J. Smith
Arlyn E. Witker
    The following four applicants did not have three years of recent 
experience driving a CMV with the vision deficiency:

Carl Jones III
Jim Pace
Jeffrey G. Sherrill
Veronica N. Washington
    The following two applicants did not have sufficient driving 
experience during the past three years under normal highway operating 
conditions:

William L. Bowers
Bridget Johnson
    The following applicant, Richard Anthony, had his CDL suspended in 
relation to a moving violation during the three-year period. Applicants 
do not qualify for an exemption with a suspension during the three-year 
period.
    The following five applicants were unable to obtain a statement 
from an optometrist or ophthalmologist stating that he was able to 
operate a commercial vehicle from a vision standpoint:

Cesar A. Guridy, Jr.
Arthur L. Mabb
Winston Merrick
Barnett K. Moss, Sr.
Donald J. Wilson
    The following applicant, Larry Defrain, did not have stable vision 
for the entire three-year period.
    The following two applicants did not meet the vision standard in 
their better eye:

Leonard Hixon
Ryan R. Kepford
    The following nine applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

John A. Ashworth
Ronaldo A. M. Curva
Robert L. Downs
Harry J. Glynn
Julian Gonzales
Linda Jones-Hawkins
Frederik J. Koning
Pedro Torres
Robert M. Walls
    The following 15 applicants were denied because they will not be 
driving interstate, interstate commerce, or are not required to carry a 
DOT medical card:

Everardo G. Cantu
Gale D. Funke
Jeffrey W. Graham
Dillon L. Hendren
Noel C. Hill
Edgar I. IzquierdoGarcia
Robert Jasniewicz
Eric J. Johnson
Marion D. Kellstadt
Jeffrey E. Leisenring, Sr.
Leonard B. Mulkey
Michael K. Preslar
Vernon D. Roberts
Barbara H. Smith
Kyle O. Wrisley
    Finally, the following three applicants perform transportation for 
the federal government, state, or any political sub-division of the 
state.

Robert L. Bick
James L. Lockwood
Fredrick D. McCaskill

    Issued on: May 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.

[FR Doc. 2015-14173 Filed 6-9-15; 8:45 am]
 BILLING CODE 4910-EX-P

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