Qualification of Drivers; Exemption Applications; Vision, 49302-49304 [2015-20189]
Download as PDF
49302
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
methylphenidate as the second-line of
treatment. The AASM also recommends
amphetamine, methamphetamine, or
dextroamphetamine as alternative
second-line treatments. No studies that
directly examined the impact of
treatment with modafinil, armodafinil,
sodium oxybate (used with narcolepsy
with cataplexy), or anti-depressants on
crash risk or driving performance were
identified during the literature searches.
Evidence-based conclusions pertaining
to treatment with these medications on
crash risk and driving performance
could not be drawn.
Currently available evidence suggests
that amphetamines and/or
methylphenidate are effective in
improving symptoms of EDS in
individuals with narcolepsy (quality of
studies range from ‘‘moderate to low’’).
However, these improvements do not
result in levels of daytime sleepiness
that can be considered to be normal in
the vast majority of individuals.
Evidence-based conclusions pertaining
to the impact of treatment with
amphetamines, methylphenidate, or
other related stimulant drugs on
cognitive and psychomotor function
among individuals with narcolepsy
cannot be drawn at this time.
In January 2010, the FMCSA’s
Medical Review Board (MRB)
recommended that individuals with
narcolepsy be ineligible for a
commercial driver’s license, even with
treatment.2
Discussion of Public Comments
The FMCSA published the names of
three individuals seeking exemption in
a Federal Register Notice, on April 17,
2015, and requested public comment.
The public comment period closed on
May 18, 2015. A total of 17 commenters
responded. The majority of commenters
were in favor of the applicants
continuing to drive CMV’s with
Narcolepsy. Fourteen commenters
consisting mainly of private citizens
stated that the individual drivers listed
in the notice were responsible drivers,
were stable and compliant with their
medication therapy, had safe driving
histories, and believed that the
individuals would continue to be safe
drivers while on medication The State
of New York’s medical consultants
reviewed the docket and suggested that
drivers with narcolepsy be allowed to
operate commercially only if they have
been treated medically and have been
event-free for at least one year. Three
commenters did not support exemption
2 Medical Review Board Meeting; January 6, 2010;
https://www.mrb.fmcsa.dot.gov/documents/Final_
Jan_6_2010_MRB_Meeting_Summary.pdf.
VerDate Sep<11>2014
16:57 Aug 14, 2015
Jkt 235001
for drivers with narcolepsy. One
anonymous commenter encouraged the
FMCSA not to grant exemptions to these
individuals due to concerns of the high
risk of the underlying medical condition
in combination with operating a large
CMV.
FMCSA Response
To evaluate the effects of these
exemption requests on safety, FMCSA
reviewed and considered the content of
each request individually and all
comments received.
FMCSA acknowledges comments
received attesting that individual
applicants are responsible drivers
currently on a stable therapeutic
regimen which includes medication
therapy. The Agency considered
available medical and scientific data
concerning medication therapy for
narcolepsy. As discussed in the
background section of this notice,
evidence-based conclusions pertaining
to treatment with medications on crash
risk and driving performance could not
be drawn.
Concerning ATAs comments
recommending granting fewer
exemptions and revising the current
medical standards, FMCSA
acknowledges ATA’s concerns. The
FMCSA has statutory authority (49
U.S.C. 31136(e) and 31315), to consider
granting exemptions from the Federal
Motor Carrier Safety Regulations 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 FMCSA reviews
its medical standards through the use of
evidence reports, various medical expert
panels and the Agency’s Medical
Review Board and proposes evidencebased revisions to the medical standards
through the rulemaking process which
takes a considerable length of time.
The exemption process is the
Agency’s most viable alternative in the
short term to consider whether drivers
with disqualifying medical conditions
and who are found to meet an
equivalent level of safety, should be
permitted to operate in interstate
commerce.
Conclusion
FMCSA evaluated the three
individual exemption requests on their
merits and available data from FMCSA’s
Evidence Reports, the Medical Review
Board recommendations and public
comments received. The Agency has
determined that the available medical
and scientific literature and research
provides insufficient data to enable the
Agency to conclude that granting the
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
exemptions would achieve a level of
safety equivalent to or greater than the
level of safety maintained without the
exemption. Each applicant has, prior to
this notice, received a letter of final
disposition on his/her exemption
request. Those decision letters outlined
fully the basis for the denial and
constitute final Agency action. The list
published today summarizes the
Agency’s recent denials as required
under 49 U.S.C. 31315(b)(4).
The following three applicants are
denied exemptions from the physical
qualification standards in [49 CFR
391.41(b)(8)] and [49 CFR 391.41(b)(9)]:
Thomas Skagen, Charles Larry Peterson,
and Stanley Jandreau.
Issued on: August 3, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–20187 Filed 8–14–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–8398; FMCSA–
2003–14504; FMCSA–2005–20560; FMCSA–
2009–0154; FMCSA–2009–0303; FMCSA–
2011–0124]
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.
DATES: This decision is effective
September 22, 2015. Comments must be
received on or before September 16,
2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2000–8398;
FMCSA–2003–14504; FMCSA–2005–
20560; FMCSA–2009–0154; FMCSA–
SUMMARY:
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
2009–0303; FMCSA–2011–0124], 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
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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:
VerDate Sep<11>2014
16:57 Aug 14, 2015
Jkt 235001
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 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:
Carl W. Adams (MN)
Michael K. Adams (OH)
Mark R. Anderson (MI)
Eleazar R. Balli (TX)
Darrell W. Bayless (TX)
Keith A. Bliss (NY)
Lloyd D. Burgess (OH)
Clifford D. Carpenter (MO)
Cecil A. Evey (ID)
Kamal A. Gaddah (OH)
Terry L. Hudgens (OH)
Eric M. Kousgaard (NE)
James F. McMahon, Jr. (NH)
Samuel A. Miller (IN)
Angelo D. Rogers (AL)
Larry T. Rogers (IL)
Ricky J. Sanderson (UT)
Marcial Soto-Rivas (OR)
Boyd D. Stamey (NC)
David C. Sybesma (ID)
Temesgn H. Teklezig (WA)
Matthew K. Tucker (MN)
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
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
49303
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 (65 FR 78256; 66 FR
16311; 68 FR 13360; 68 FR 19598; 68 FR
33570; 70 FR 12265; 70 FR 17504; 70 FR
25878; 70 FR 30997; 72 FR 11426; 72 FR
28093; 72 FR 40362; 74 FR 19270; 74 FR
20523; 74 FR 34394; 74 FR 37295; 74 FR
48343; 74 FR 60022; 75 FR 4623; 76 FR
34136; 76 FR 37173; 76 FR 53708; 76 FR
54530; 76 FR 55463; 78 FR 78477; 79 FR
53708). 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–2000–8398; FMCSA–
2003–14504; FMCSA–2005–20560;
FMCSA–2009–0154; FMCSA–2009–
0303; FMCSA–2011–0124), indicate the
specific section of this document to
E:\FR\FM\17AUN1.SGM
17AUN1
49304
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
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–2000–
8398; FMCSA–2003–14504; FMCSA–
2005–20560; FMCSA–2009–0154;
FMCSA–2009–0303; FMCSA–2011–
0124’’ 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.
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–2000–8398; FMCSA–2003–
14504; FMCSA–2005–20560; FMCSA–
2009–0154; FMCSA–2009–0303;
FMCSA–2011–0124’’ 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 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–20189 Filed 8–14–15; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
16:57 Aug 14, 2015
Jkt 235001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA- 2015–0066]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 54 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
SUMMARY:
Comments must be received on
or before September 16, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2015–0066 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: 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 numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
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
DATES:
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
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 grant an exemption from
the Federal Motor Carrier Safety
Regulations for a 2-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
statute also allows the Agency to renew
exemptions at the end of the 2-year
period. The 54 individuals listed in this
notice have recently requested such an
exemption from the diabetes prohibition
in 49 CFR 391.41(b) (3), which applies
to drivers of CMVs in interstate
commerce. Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
II. Qualifications of Applicants
Joshua E. Adkins
Mr. Adkins, 65, has had ITDM since
2013. His endocrinologist examined him
in 2015 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Adkins understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Adkins meets the
E:\FR\FM\17AUN1.SGM
17AUN1
Agencies
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49302-49304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20189]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-
2009-0154; FMCSA-2009-0303; FMCSA-2011-0124]
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 September 22, 2015. Comments must be
received on or before September 16, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2009-0154; FMCSA-
[[Page 49303]]
2009-0303; FMCSA-2011-0124], 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 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:
Carl W. Adams (MN)
Michael K. Adams (OH)
Mark R. Anderson (MI)
Eleazar R. Balli (TX)
Darrell W. Bayless (TX)
Keith A. Bliss (NY)
Lloyd D. Burgess (OH)
Clifford D. Carpenter (MO)
Cecil A. Evey (ID)
Kamal A. Gaddah (OH)
Terry L. Hudgens (OH)
Eric M. Kousgaard (NE)
James F. McMahon, Jr. (NH)
Samuel A. Miller (IN)
Angelo D. Rogers (AL)
Larry T. Rogers (IL)
Ricky J. Sanderson (UT)
Marcial Soto-Rivas (OR)
Boyd D. Stamey (NC)
David C. Sybesma (ID)
Temesgn H. Teklezig (WA)
Matthew K. Tucker (MN)
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 (65 FR 78256; 66 FR 16311; 68 FR 13360; 68 FR 19598; 68 FR
33570; 70 FR 12265; 70 FR 17504; 70 FR 25878; 70 FR 30997; 72 FR 11426;
72 FR 28093; 72 FR 40362; 74 FR 19270; 74 FR 20523; 74 FR 34394; 74 FR
37295; 74 FR 48343; 74 FR 60022; 75 FR 4623; 76 FR 34136; 76 FR 37173;
76 FR 53708; 76 FR 54530; 76 FR 55463; 78 FR 78477; 79 FR 53708). 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-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-
2009-0154; FMCSA-2009-0303; FMCSA-2011-0124), indicate the specific
section of this document to
[[Page 49304]]
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-2000-8398; FMCSA-2003-14504; FMCSA-
2005-20560; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2011-0124'' 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-2000-8398; FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2009-0154;
FMCSA-2009-0303; FMCSA-2011-0124'' 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 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20189 Filed 8-14-15; 8:45 am]
BILLING CODE 4910-EX-P