Qualification of Drivers; Exemption Applications; Vision, 48411-48413 [2015-19781]
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
The first major research correlating
past and future performance was done
in England by Greenwood and Yule in
1920. Subsequent studies, building on
that model, concluded that crash rates
for the same individual exposed to
certain risks for two different time
periods vary only slightly (See Bates
and Neyman, University of California
Publications in Statistics, April 1952).
Other studies demonstrated theories of
predicting crash proneness from crash
history coupled with other factors.
These factors—such as age, sex,
geographic location, mileage driven and
conviction history—are used every day
by insurance companies and motor
vehicle bureaus to predict the
probability of an individual
experiencing future crashes (See Weber,
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression
Analysis of a Poisson Process,’’ Journal
of American Statistical Association,
June 1971). A 1964 California Driver
Record Study prepared by the California
Department of Motor Vehicles
concluded that the best overall crash
predictor for both concurrent and
nonconcurrent events is the number of
single convictions. This study used 3
consecutive years of data, comparing the
experiences of drivers in the first 2 years
with their experiences in the final year.
Applying principles from these
studies to the past 3-year record of the
26 applicants, no drivers were involved
in crashes, and two were convicted of
moving violations in a CMV. All the
applicants achieved a record of safety
while driving with their vision
impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
We believe that the applicants’
intrastate driving experience and history
provide an adequate basis for predicting
their ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions. The
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veteran drivers in this proceeding have
operated CMVs safely under those
conditions for at least 3 years, most for
much longer. Their experience and
driving records lead us to believe that
each applicant is capable of operating in
interstate commerce as safely as he/she
has been performing in intrastate
commerce. Consequently, FMCSA finds
that exempting these applicants from
the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption. For this reason, the
Agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 26 applicants
listed in the notice of May 6, 2015 (80
FR 26139).
We recognize that the vision of an
applicant may change and affect his/her
ability to operate a CMV as safely as in
the past. As a condition of the
exemption, therefore, FMCSA will
impose requirements on the 26
individuals consistent with the
grandfathering provisions applied to
drivers who participated in the
Agency’s vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirement 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
provide 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, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
V. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based upon its evaluation of the 26
exemption applications, FMCSA
exempts the following drivers from the
vision requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)):
R.J. Bauernfeind (NY)
Ralph H. Bushman (IL)
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48411
Stephen M. Cook (PA)
Roderick Croft (FL)
Jeffrey S. Daniel (VA)
Lawrence M. Davis (VT)
Bobby C. Floyd (TN)
Jayme L. Gilbert (NY)
Jesse M. Greene (TN)
David A. Hayes (GA)
George E. Holbrook (MA)
James T. Johnson, Jr. (KY)
Robert W. Kleve (IA)
Bruce E. Koehn (KS)
Corey S. Kuborn (IL)
Collin C. Longacre (PA)
Raymond W. Meier (WA)
Michael L. Penrod (IA)
Harry M. Pierson, Jr. (OR)
Daniel A. Pyle (PA)
David P. Ramos (CA)
Jimmy L. Stevens (SC)
David B. Stone (OK)
Dale G. Stringer (TX)
Carlyle D. Strong (NE)
Michael J. Tauriac, Jr. (LA)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
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 and 31315.
If the exemption is still effective 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: July 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–19780 Filed 8–11–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25246; FMCSA–
2013–0028; FMCSA–2013–0029; FMCSA–
2013–0030]
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
SUMMARY:
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48412
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
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
September 16, 2015. Comments must be
received on or before September 11,
2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2006–25246;
FMCSA–2013–0028; FMCSA–2013–
0029; FMCSA–2013–0030], 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 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
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18:16 Aug 11, 2015
Jkt 235001
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:
Carl Block (NY)
Christopher Brim (TN)
John Camp (GA)
Ralph Carr (PA)
Aubrey R. Cordrey, Jr. (DE)
Phyllis Dodson (IN)
Phillip Ergovich (MO)
Juan M. Guerrero (TX)
Luc G. Guimond (WA)
Berl C. Jennings (VA)
Udum Khamsoksavath (WA)
Michael Lancette (WI)
Vincent Marsee, Sr. (NC)
Charles Moen (MI)
Jerome Paintner (ND)
Timmy J. Pottebaum (IA)
Jeffrey Sanders (NC)
David Snellings (MD)
Edward Spakousky (OR)
Adam Zappetta (WI)
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
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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 (72 FR 180; 72 FR 9397; 74
FR 6211; 76 FR 25762; 78 FR 27281; 78
FR 34143; 78 FR 41188; 78 FR 41975;
78 FR 52602; 78 FR 56986; 78 FR
78477). 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.
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
IV. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2006–25246; FMCSA–
2013–0028; FMCSA–2013–0029;
FMCSA–2013–0030), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so the Agency can
contact you if it has questions regarding
your submission.
To submit your comment online, got
to https://www.regulations.gov and put
the docket number, ‘‘FMCSA–2006–
25246; FMCSA–2013–0028; FMCSA–
2013–0029; FMCSA–2013–0030’’ 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and in the
search box insert the docket number,
‘‘FMCSA–2006–25246; FMCSA–2013–
0028; FMCSA–2013–0029; FMCSA–
2013–0030’’ 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
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18:16 Aug 11, 2015
Jkt 235001
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Issued on: August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–19781 Filed 8–11–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0049]
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 23 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
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
July 7, 2015. The exemptions expire on
July 7, 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:
SUMMARY:
I. Electronic Access
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
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48413
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.
II. Background
On June 3, 2015, FMCSA published a
notice of receipt of exemption
applications from certain individuals,
and requested comments from the
public (80 FR 31636). That notice listed
23 applicants’ case histories. The 23
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
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
23 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 23 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 amblyopia,
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Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48411-48413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19781]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-
2013-0030]
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
[[Page 48412]]
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 September 16, 2015. Comments must be
received on or before September 11, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030], 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 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:
Carl Block (NY)
Christopher Brim (TN)
John Camp (GA)
Ralph Carr (PA)
Aubrey R. Cordrey, Jr. (DE)
Phyllis Dodson (IN)
Phillip Ergovich (MO)
Juan M. Guerrero (TX)
Luc G. Guimond (WA)
Berl C. Jennings (VA)
Udum Khamsoksavath (WA)
Michael Lancette (WI)
Vincent Marsee, Sr. (NC)
Charles Moen (MI)
Jerome Paintner (ND)
Timmy J. Pottebaum (IA)
Jeffrey Sanders (NC)
David Snellings (MD)
Edward Spakousky (OR)
Adam Zappetta (WI)
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 (72 FR 180; 72 FR 9397; 74 FR 6211; 76 FR 25762; 78 FR
27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986;
78 FR 78477). 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.
[[Page 48413]]
IV. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-
0030), indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, got to https://www.regulations.gov
and put the docket number, ``FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2013-0030'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2006-25246; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030''
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: August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-19781 Filed 8-11-15; 8:45 am]
BILLING CODE 4910-EX-P