Qualification of Drivers; Exemption Applications; Vision, 33009-33011 [2015-14179]
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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
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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
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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:
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33010
Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices
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:
asabaliauskas on DSK5VPTVN1PROD 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.
II. Exemption Decision
This notice addresses 20 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
20 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
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16:46 Jun 09, 2015
Jkt 235001
Gary A. Barrett (IA)
Ivan L. Beal (NE)
Johnny A. Beutler (SD)
Brett L. Condon (MD)
Christopher A. Deadman (MI)
William K. Gullett (KY)
Daryl A. Jester (DE)
James P. Jones (ME)
Clyde H. Kitzan (ND)
Larry J. Lang (MI)
Spencer E. Leonard (OH)
William A. Moore, Jr. (NV)
Richard S. Rehbein (MN)
Bernard E. Roche (VA)
Luis H. Sanchez (WI)
David E. Sanders (NC)
David B. Speller (MN)
Lynn D. Veach (IA)
Harry S. Warren (FL)
Michael C. Wines (MD)
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 20 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR
16517; 65 FR 20245; 65 FR 45817; 65 FR
57230; 65 FR 77066; 65 FR 78256; 66 FR
16311; 66 FR 17743; 66 FR 17994; 66 FR
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33990; 67 FR 57266; 68 FR 13360; 68 FR
19598; 68 FR 33570; 68 FR 35772; 70 FR
2701; 70 FR 16887; 70 FR 17504; 70 FR
25878; 70 FR 30997; 70 FR 33937; 72 FR
180; 72 FR 9397; 72 FR 12666; 72 FR
25831; 72 FR 28093; 72 FR 32705; 74 FR
6211; 74 FR 15586; 74 FR 26464; 76 FR
21796; 76 FR 34135; 78 FR 34140). Each
of these 20 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–1998–4334; FMCSA–
2000–7006; FMCSA–2000–7363;
FMCSA–2000–8398; FMCSA–2001–
9258; FMCSA–2003–14504; FMCSA–
2005–20027; FMCSA–2005–20560;
FMCSA–25246; FMCSA–2007–27333),
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–1998–
4334; FMCSA–2000–7006; FMCSA–
2000–7363; FMCSA–2000–8398;
FMCSA–2001–9258; FMCSA–2003–
14504; FMCSA–2005–20027; FMCSA–
2005–20560; FMCSA–25246; FMCSA–
2007–27333’’ in the ‘‘Keyword’’ box,
and click ‘‘Search.’’ When the new
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Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices
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–1998–4334; FMCSA–2000–
7006; FMCSA–2000–7363; FMCSA–
2000–8398; FMCSA–2001–9258;
FMCSA–2003–14504; FMCSA–2005–
20027; FMCSA–2005–20560; FMCSA–
25246; FMCSA–2007–27333’’ 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.
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. The Agency has concluded that
granting these exemptions will provide
a level of safety that is equivalent to or
greater than the level of safety
maintained without the exemptions for
these CMV drivers.
DATES: The exemptions were granted
April 18, 2015. The exemptions expire
on April 18, 2017.
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. If you have questions
on viewing or submitting material to the
docket, contact Docket Services,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
Federal Motor Carrier Safety
Administration
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
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.
[Docket No. FMCSA–2014–0304]
II. Background
Issued on: May 21, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–14179 Filed 6–9–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 28 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the
vision requirement in one eye for
SUMMARY:
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16:46 Jun 09, 2015
Jkt 235001
On March 18, 2015, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (80 FR 14223). That
notice listed 28 applicants’ case
histories. The 28 individuals applied for
exemptions from the vision requirement
in 49 CFR 391.41(b)(10), for drivers who
operate CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption
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33011
would likely achieve a level of safety
that is equivalent to or greater than the
level that would be achieved absent
such exemption.’’ The statute also
allows the Agency to renew exemptions
at the end of the 2-year period.
Accordingly, FMCSA has evaluated the
28 applications on their merits and
made a determination to grant
exemptions to each of them.
III. Vision and Driving Experience of
the Applicants
The vision requirement in the
FMCSRs provides:
A person is physically qualified to
drive a commercial motor vehicle if that
person has distant visual acuity of at
least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of a least
20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing red, green, and amber (49 CFR
391.41(b)(10)).
FMCSA recognizes that some drivers
do not meet the vision requirement but
have adapted their driving to
accommodate their vision limitation
and demonstrated their ability to drive
safely. The 28 exemption applicants
listed in this notice are in this category.
They are unable to meet the vision
requirement in one eye for various
reasons, including retinal scar, complete
loss of vision, branch retinal vein
occlusion, amblyopia, corneal scar,
refractive amblyopia, prosthetic eye,
branch vein occlusion, exotropia,
glaucoma, histoplasmosis, retinal
detachment, anisometropia, and
damaged cornea and retina. In most
cases, their eye conditions were not
recently developed. Fifteen of the
applicants were either born with their
vision impairments or have had them
since childhood.
The thirteen individuals that
sustained their vision conditions as
adults have had it for a range of three
to 43 years.
Although each applicant has one eye
which does not meet the vision
requirement in 49 CFR 391.41(b)(10),
each has at least 20/40 corrected vision
in the other eye, and in a doctor’s
opinion, has sufficient vision to perform
all the tasks necessary to operate a CMV.
Doctors’ opinions are supported by the
applicants’ possession of valid
commercial driver’s licenses (CDLs) or
non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to
knowledge and skills tests designed to
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Agencies
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33009-33011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14179]
-----------------------------------------------------------------------
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
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
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
[[Page 33010]]
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 20 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 20 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Gary A. Barrett (IA)
Ivan L. Beal (NE)
Johnny A. Beutler (SD)
Brett L. Condon (MD)
Christopher A. Deadman (MI)
William K. Gullett (KY)
Daryl A. Jester (DE)
James P. Jones (ME)
Clyde H. Kitzan (ND)
Larry J. Lang (MI)
Spencer E. Leonard (OH)
William A. Moore, Jr. (NV)
Richard S. Rehbein (MN)
Bernard E. Roche (VA)
Luis H. Sanchez (WI)
David E. Sanders (NC)
David B. Speller (MN)
Lynn D. Veach (IA)
Harry S. Warren (FL)
Michael C. Wines (MD)
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 20 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR 16517; 65 FR 20245; 65 FR 45817; 65 FR
57230; 65 FR 77066; 65 FR 78256; 66 FR 16311; 66 FR 17743; 66 FR 17994;
66 FR 33990; 67 FR 57266; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR
35772; 70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 25878; 70 FR 30997;
70 FR 33937; 72 FR 180; 72 FR 9397; 72 FR 12666; 72 FR 25831; 72 FR
28093; 72 FR 32705; 74 FR 6211; 74 FR 15586; 74 FR 26464; 76 FR 21796;
76 FR 34135; 78 FR 34140). Each of these 20 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-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2000-
8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2005-
20560; FMCSA-25246; FMCSA-2007-27333), 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-1998-4334; FMCSA-2000-7006; FMCSA-
2000-7363; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-
2005-20027; FMCSA-2005-20560; FMCSA-25246; FMCSA-2007-27333'' in the
``Keyword'' box, and click ``Search.'' When the new
[[Page 33011]]
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-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2000-8398;
FMCSA-2001-9258; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2005-20560;
FMCSA-25246; FMCSA-2007-27333'' 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 21, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-14179 Filed 6-9-15; 8:45 am]
BILLING CODE 4910-EX-P