Qualification of Drivers; Exemption Applications; Vision, 15401-15404 [2016-06390]

Download as PDF Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES to release approximately 3.82 acres of airport property at the Humboldt Municipal Airport (0K7) under the provisions of 49 U.S.C. 47107(h)(2). On January 18, 2016, the Airport Commission at the Humboldt Municipal Airport requested from the FAA that approximately 3.82 acres of property be released for sale to AP Air for use as a storage and distribution facility. On March 10, 2016, the FAA determined that the request to release property at the Humboldt Municipal Airport (0K7) submitted by the Sponsor meets the procedural requirements of the Federal Aviation Administration and the release of the property does not and will not impact future aviation needs at the airport. The FAA may approve the request, in whole or in part, no sooner than thirty days after the publication of this Notice. The following is a brief overview of the request: Humboldt Municipal Airport (0K7) is proposing the release of one parcel, of 3.82 acres, more or less. The release of land is necessary to comply with Federal Aviation Administration Grant Assurances that do not allow federally acquired airport property to be used for non-aviation purposes. The sale of the subject property will result in the land at the Humboldt Municipal Airport (0K7) being changed from aeronautical to non-aeronautical use and release the lands from the conditions of the Airport Improvement Program Grant Agreement Grant Assurances. In accordance with 49 U.S.C. 47107(c)(2)(B)(i) and (iii), the airport will receive fair market value for the property, which will be subsequently reinvested in another eligible airport improvement project for general aviation facilities at the Humboldt Municipal Airport. Any person may inspect, by appointment, the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon appointment and request, inspect the application, notice and other documents determined by the FAA to be related to the application in person at the Humboldt Municipal Airport. Issued in Kansas City, MO, on March 11, 2016. Jim A. Johnson, Manager, Airports Division. [FR Doc. 2016–06320 Filed 3–21–16; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Public Notice For Waiver for Aeronautical Land-Use Assurance at Big Spring McMahon-Wrinkle Airport, Big Spring, TX Federal Aviation Administration, DOT. ACTION: Notice of Intent for Waiver of Aeronautical Land-Use. AGENCY: The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to nonaeronautical use and to authorize the conversion of the airport property. The proposal consists of one parcel of land containing a total of approximately 120.4 acres and one parcel of land containing a total of approximately 86.0 acres. Ownership of the associated property transferred Webb Air Force Base to the City of Big Spring via an ‘‘Indenture’’ between the United States of America and the City of Big Spring, Texas on October 6, 1978. The land comprising this parcel is outside the forecasted need for aviation development and, thus, is no longer needed for indirect or direct aeronautical use. The airport wishes to develop this land for compatible commercial, nonaeronautical use. The income from the conversion of this parcel will benefit the aviation community by reinvestment in the airport. Approval does not constitute a commitment by the FAA to financially assist in the conversion of the subject airport property nor a determination of eligibility for grant-inaid funding from the FAA. The disposition of proceeds from the conversion of the airport property will be in accordance with FAA’s Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with Section 47107(h) of Title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose. DATES: Comments must be received on or before April 21, 2016. ADDRESSES: Send comments on this document to Mr. Cameron Bryan, Federal Aviation Administration, Acting Manager, Texas Airports Development Office, 10101 Hillwood Parkway, Fort Worth, TX 76177. FOR FURTHER INFORMATION CONTACT: Mr. James F. Little, Director, City of Big SUMMARY: PO 00000 Frm 00182 Fmt 4703 Sfmt 4703 15401 Spring/McMahon-Wrinkle Airport & Industrial Airpark, 3200 Rickabaugh Dr. West, Big Spring, TX 79720, telephone (432) 264–2362, or Mr. Anthony Mekhail, Federal Aviation Administration, Texas Airports Development Program Manager, 10101 Hillwood Parkway, Fort Worth, TX 76177, telephone (817) 222–5663, FAX (817) 222–5989. Documents reflecting this FAA action may be reviewed at the above locations. Issued in Fort Worth, Texas on 15 January 2016. Ignacio Flores, Manager, Airports Division, FAA, Southwest Region. [FR Doc. 2016–06322 Filed 3–21–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 1999–5578; FMCSA–1999–5748; FMCSA– 1999–6156; FMCSA–2000–7363; FMCSA– 2001–10578; FMCSA–2003–15268; FMCSA– 2003–15892; FMCSA–2005–22194; FMCSA– 2005–22727; FMCSA–2007–0017; FMCSA– 2007–27897; FMCSA–2009–0154; FMCSA– 2009–0206; FMCSA–2009–0303; FMCSA– 2011–0092; FMCSA–2011–0142; FMCSA– 2011–0190; FMCSA–2011–0298; FMCSA– 2011–0325; FMCSA–2013–0029; FMCSA– 2013–0165; FMCSA–2013–0166; FMCSA– 2013–0167; FMCSA–2013–0168; FMCSA– 2013–0169; FMCSA–2013–0170; FMCSA– 2013–0174] 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 66 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: Each group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before April 21, 2016. SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1 15402 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–1998–4334; FMCSA–1999–5578; FMCSA–1999– 5748; FMCSA–1999–6156; FMCSA– 2000–7363; FMCSA–2001–10578; FMCSA–2003–15268; FMCSA–2003– 15892; FMCSA–2005–22194; FMCSA– 2005–22727; FMCSA–2007–0017; FMCSA–2007–27897; FMCSA–2009– 0154; FMCSA–2009–0206; FMCSA– 2009–0303; FMCSA–2011–0092; FMCSA–2011–0142; FMCSA–2011– 0190; FMCSA–2011–0298; FMCSA– 2011–0325; FMCSA–2013–0029; FMCSA–2013–0165; FMCSA–2–13– 0166; FMCSA–2013–0167; FMCSA– 2013–0168; FMCSA–2013–0169; FMCSA–2013–0170; FMCSA–2013– 0174], using any of the following methods: • Federal eRulemaking Portal: Go to http://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 http:// 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 http:// 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: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the asabaliauskas on DSK3SPTVN1PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may 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. Exemption Decision This notice addresses 66 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 66 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. Each individual is identified according to the renewal date. 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 00183 Fmt 4703 Sfmt 4703 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. 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. The following group(s) of drivers will receive renewed exemptions effective in the month of February and are discussed below. As of February 9, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 54 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (63 FR 66226; 64 FR 16517; 64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 54948; 64 FR 66962; 65 FR 159; 65 FR 45817; 65 FR 77066; 66 FR 41656; 66 FR 48504; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 71610; 68 FR 37917; 68 FR 44837; 68 FR 48989; 68 FR 52811; 68 FR 54775; 68 FR 61860; 68 FR 69432; 68 FR 69434; 70 FR 25878; 70 FR 41811; 70 FR 42615; 70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR 644; 71 FR 4632; 71 FR 6825; 72 FR 39879; 72 FR 40360; 72 FR 52419; 72 FR 62896; 72 FR 62897; 72 FR 64273; 72 FR 67340; 72 FR 71993; 72 FR 71995; 72 FR 71998; 73 FR 1395; 73 FR 5259; 73 FR 6246; 74 FR 34632; 74 FR 37295; 74 FR 43217; 74 FR 43221; 74 FR 43222; 74 FR 48343; 74 FR 53581; 74 FR 57551; 74 FR 60021; 74 FR 60022; 74 FR 62632; 74 FR 65845; 74 FR 65847; 75 FR 1450; 75 FR 1451; 75 FR 4623; 76 FR 25766; 76 FR 37885; 76 FR 49528; 76 FR 53708; 76 FR 61143; 76 FR 62143; 76 FR 64171; 76 FR 66123; 76 FR 70210; 76 FR 70212; 76 FR 70215; 76 FR 75942; 76 FR 78728; 76 FR 78729; 76 FR 79760; 77 FR 543; 77 FR 545; 77 FR 3554; 78 FR 34143; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 64274; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 67462; 78 FR 68137; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 76707; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78475; 78 FR 78477; 79 FR 2247; 79 FR 2748; 79 FR 3919; 79 FR 4803): Larry Adams, Jr. (FL) Dennis S. Anderson (MN) James S. Ayers (GA) Garry A. Baker (OH) E:\FR\FM\22MRN1.SGM 22MRN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices Edgar G. Baxter (FL) Morris R. Beebe, II (CO) Craig J. Belles (NY) John E. Bellosi, Jr. (MD) William Bucaria, Jr. (FL) Freddie A. Carrasquillo (TX) Martina B. Classen (IA) Jimmie L. Crenshaw (AL) Robert L. Cross, Jr. (MO) Herman R. Dahmer (MD) Vincent DeMedici (PA) Vernon J. Dohrn (MN) Michael M. Edleston (MA) Daniel W. Eynon (OH) Russell W. Foster (OH) Richard L. Gandee (OH) Christopher L. Granby (MI) James B. Grega (PA) James Hawthorne (NM) Britt D. Hazelwood (IL) Leonard R. Jackson (IN) Kevin Jacoby (NJ) Wayne C. Knighton (NV) Jeremy W. Knott (NC) Michael R. Leftwich (GA) Michael S. Maki (MN) Leonard A. Martin (NV) Dennis L. Maxcy (NY) Cameron S. McMillen (NM) Joseph W. Meacham (MS) David L. Menken (NY) Gilberto Miramontes (TX) Rashawn L. Morris (VA) Charles D. Oestreich (MN) Dean B. Ponte (MA) Jack E. Potts, Jr. (PA) Andres Regalado (CA) Riland O. Richardson (GA) Thenon D. Ridley (TX) Richard S. Robb (NM) Harry Smith, Jr. (NC) John R. Snyder (WA) Scott C. Star (NJ) Kirk A. Thelen (MI) Clifford B. Thompson, Jr. (SC) Roger L. Unser (OR) Steven M. Veloz (CA) Daniel G. Wilson (IL) Jason M. Wolf (DE) Walter M. Yohn, Jr. (AL) The drivers were included in one of the following dockets: Docket Nos. FMCSA–1998–4334; FMCSA–1999– 5578; FMCSA–1999–5748; FMCSA– 1999–6156; FMCSA–2000–7363; FMCSA–2001–10578; FMCSA–2003– 15268; FMCSA–2003–15892; FMCSA– 2005–22194; FMCSA–2005–22727; FMCSA–2007–0017; FMCSA–2007– 27897; FMCSA–2009–0154; FMCSA– 2009–0206; FMCSA–2009–0303; FMCSA–2011–0092; FMCSA–2011– 0142; FMCSA–2013–0029; FMCSA– 2013–0165; FMCSA–2013–0166; FMCSA–2013–0167; FMCSA–2013– 0168; FMCSA–2013–0169; FMCSA– 2013–0170. Their exemptions are effective as of February 9, 2016 and will expire on February 9, 2018. VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 As of February 11, 2016 and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Bobby R. Cox (TN), has satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 1908; 79 FR 14333). The driver was included in Docket No. FMCSA–2013–0174. The exemption is effective as of February 11, 2016 and will expire on February 11, 2018. As of February 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 10 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (72 FR 67340; 73 FR 1395; 74 FR 65845; 76 FR 64169; 76 FR 70213; 76 FR 75943; 76 FR 78728; 77 FR 539; 77 FR 541; 77 FR 10608; 79 FR 6993): Brian K. Cline (NC) Richard D. Hackney (MO) Mickey Lawson (NC) Robbey Nelson (NC) John E. Nichols (PA) Thomas M. Nubert (OH) Robert T. Reynolds (OH) Glenn T. Riley (OH) Gary S. Warren (IA) Chadwick L. Wyatt (NC) The drivers were included in one of the following dockets: Docket No. FMCSA–2007–0017; FMCSA–2011– 0190; FMCSA–2011–0298; FMCSA– 2011–0325. Their exemptions are effective as of February 22, 2016 and will expire on February 22, 2018. As of February 27, 2016 and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Danielle Wilkins (CA), has satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 1908; 79 FR 14333). The driver was included in Docket No. FMCSA–2013–0174. The exemption is effective as of February 27, 2016 and will expire on February 27, 2018. Each of the 66 applicants listed in the groups above 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 PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 15403 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. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by April 21, 2016. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 66 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Submitting Comments 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 that FMCSA can contact you if there are questions regarding your submission. E:\FR\FM\22MRN1.SGM 22MRN1 15404 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket numbers FMCSA–1998–4334; FMCSA–1999– 5578; FMCSA–1999–5748; FMCSA– 1999–6156; FMCSA–2000–7363; FMCSA–2001–10578; FMCSA–2003– 15268; FMCSA–2003–15892; FMCSA– 2005–22194; FMCSA–2005–22727; FMCSA–2007–0017; FMCSA–2007– 27897; FMCSA–2009–0154; FMCSA– 2009–0206; FMCSA–2009–0303; FMCSA–2011–0092; FMCSA–2011– 0142; FMCSA–2011–0190; FMCSA– 2011–0298; FMCSA–2011–0325; FMCSA–2013–0029; FMCSA–2013– 0165; FMCSA–2–13–0166; FMCSA– 2013–0167; FMCSA–2013–0168; FMCSA–2013–0169; FMCSA–2013– 0170; FMCSA–2013–0174 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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. We will consider all comments and material received during the comment period and may change the decision based on your comments. FMCSA may issue a response at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–1998–4334; FMCSA–1999– 5578; FMCSA–1999–5748; FMCSA– 1999–6156; FMCSA–2000–7363; FMCSA–2001–10578; FMCSA–2003– 15268; FMCSA–2003–15892; FMCSA– 2005–22194; FMCSA–2005–22727; FMCSA–2007–0017; FMCSA–2007– 27897; FMCSA–2009–0154; FMCSA– 2009–0206; FMCSA–2009–0303; FMCSA–2011–0092; FMCSA–2011– 0142; FMCSA–2011–0190; FMCSA– 2011–0298; FMCSA–2011–0325; FMCSA–2013–0029; FMCSA–2013– 0165; FMCSA–2–13–0166; FMCSA– 2013–0167; FMCSA–2013–0168; FMCSA–2013–0169; FMCSA–2013– 0170; FMCSA–2013–0174 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and related comments. VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 Issued on: March 3, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–06390 Filed 3–21–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0070] 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 36 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 December 3, 2015. The exemptions expire on December 3, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding 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 http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// 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. PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 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 November 2, 2015, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (80 FR 67476). That notice listed 36 applicants’ case histories. The 36 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 36 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 36 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, aniridia, anisotropic amblyopia, Best disease, branch retinal artery occlusion, chronic retinal detachment, complete loss of vision, corneal scar, fibrovascular E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15401-15404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06390]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-
1999-6156; FMCSA-2000-7363; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-
2003-15892; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-
2007-27897; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2011-0092; FMCSA-2011-0142; FMCSA-2011-0190; FMCSA-2011-0298; FMCSA-
2011-0325; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-
2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-
2013-0174]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
66 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: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
April 21, 2016.

[[Page 15402]]


ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998-
4334; FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2000-
7363; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-
22194; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2009-
0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2011-0092; FMCSA-2011-
0142; FMCSA-2011-0190; FMCSA-2011-0298; FMCSA-2011-0325; FMCSA-2013-
0029; FMCSA-2013-0165; FMCSA-2-13-0166; FMCSA-2013-0167; FMCSA-2013-
0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174], using any of 
the following methods:
     Federal eRulemaking Portal: Go to http://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 http://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 http://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: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, Medical Programs Division, 202-366-4001, 
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may 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.

Exemption Decision

    This notice addresses 66 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 66 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. Each 
individual is identified according to the renewal date.
    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.

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. The following group(s) of 
drivers will receive renewed exemptions effective in the month of 
February and are discussed below.
    As of February 9, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 54 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (63 FR 
66226; 64 FR 16517; 64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 54948; 
64 FR 66962; 65 FR 159; 65 FR 45817; 65 FR 77066; 66 FR 41656; 66 FR 
48504; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 71610; 68 FR 37917; 
68 FR 44837; 68 FR 48989; 68 FR 52811; 68 FR 54775; 68 FR 61860; 68 FR 
69432; 68 FR 69434; 70 FR 25878; 70 FR 41811; 70 FR 42615; 70 FR 53412; 
70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR 
644; 71 FR 4632; 71 FR 6825; 72 FR 39879; 72 FR 40360; 72 FR 52419; 72 
FR 62896; 72 FR 62897; 72 FR 64273; 72 FR 67340; 72 FR 71993; 72 FR 
71995; 72 FR 71998; 73 FR 1395; 73 FR 5259; 73 FR 6246; 74 FR 34632; 74 
FR 37295; 74 FR 43217; 74 FR 43221; 74 FR 43222; 74 FR 48343; 74 FR 
53581; 74 FR 57551; 74 FR 60021; 74 FR 60022; 74 FR 62632; 74 FR 65845; 
74 FR 65847; 75 FR 1450; 75 FR 1451; 75 FR 4623; 76 FR 25766; 76 FR 
37885; 76 FR 49528; 76 FR 53708; 76 FR 61143; 76 FR 62143; 76 FR 64171; 
76 FR 66123; 76 FR 70210; 76 FR 70212; 76 FR 70215; 76 FR 75942; 76 FR 
78728; 76 FR 78729; 76 FR 79760; 77 FR 543; 77 FR 545; 77 FR 3554; 78 
FR 34143; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 
63307; 78 FR 64271; 78 FR 64274; 78 FR 66099; 78 FR 67452; 78 FR 67454; 
78 FR 67462; 78 FR 68137; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 
76707; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78475; 78 FR 78477; 
79 FR 2247; 79 FR 2748; 79 FR 3919; 79 FR 4803):

Larry Adams, Jr. (FL)
Dennis S. Anderson (MN)
James S. Ayers (GA)
Garry A. Baker (OH)

[[Page 15403]]

Edgar G. Baxter (FL)
Morris R. Beebe, II (CO)
Craig J. Belles (NY)
John E. Bellosi, Jr. (MD)
William Bucaria, Jr. (FL)
Freddie A. Carrasquillo (TX)
Martina B. Classen (IA)
Jimmie L. Crenshaw (AL)
Robert L. Cross, Jr. (MO)
Herman R. Dahmer (MD)
Vincent DeMedici (PA)
Vernon J. Dohrn (MN)
Michael M. Edleston (MA)
Daniel W. Eynon (OH)
Russell W. Foster (OH)
Richard L. Gandee (OH)
Christopher L. Granby (MI)
James B. Grega (PA)
James Hawthorne (NM)
Britt D. Hazelwood (IL)
Leonard R. Jackson (IN)
Kevin Jacoby (NJ)
Wayne C. Knighton (NV)
Jeremy W. Knott (NC)
Michael R. Leftwich (GA)
Michael S. Maki (MN)
Leonard A. Martin (NV)
Dennis L. Maxcy (NY)
Cameron S. McMillen (NM)
Joseph W. Meacham (MS)
David L. Menken (NY)
Gilberto Miramontes (TX)
Rashawn L. Morris (VA)
Charles D. Oestreich (MN)
Dean B. Ponte (MA)
Jack E. Potts, Jr. (PA)
Andres Regalado (CA)
Riland O. Richardson (GA)
Thenon D. Ridley (TX)
Richard S. Robb (NM)
Harry Smith, Jr. (NC)
John R. Snyder (WA)
Scott C. Star (NJ)
Kirk A. Thelen (MI)
Clifford B. Thompson, Jr. (SC)
Roger L. Unser (OR)
Steven M. Veloz (CA)
Daniel G. Wilson (IL)
Jason M. Wolf (DE)
Walter M. Yohn, Jr. (AL)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-
6156; FMCSA-2000-7363; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-2007-
27897; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2011-
0092; FMCSA-2011-0142; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-
0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-
0170. Their exemptions are effective as of February 9, 2016 and will 
expire on February 9, 2018.
    As of February 11, 2016 and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Bobby R. Cox (TN), has satisfied 
the conditions for obtaining a renewed exemption from the vision 
requirements (79 FR 1908; 79 FR 14333).
    The driver was included in Docket No. FMCSA-2013-0174. The 
exemption is effective as of February 11, 2016 and will expire on 
February 11, 2018.
    As of February 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (72 FR 
67340; 73 FR 1395; 74 FR 65845; 76 FR 64169; 76 FR 70213; 76 FR 75943; 
76 FR 78728; 77 FR 539; 77 FR 541; 77 FR 10608; 79 FR 6993):

Brian K. Cline (NC)
Richard D. Hackney (MO)
Mickey Lawson (NC)
Robbey Nelson (NC)
John E. Nichols (PA)
Thomas M. Nubert (OH)
Robert T. Reynolds (OH)
Glenn T. Riley (OH)
Gary S. Warren (IA)
Chadwick L. Wyatt (NC)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2007-0017; FMCSA-2011-0190; FMCSA-2011-0298; FMCSA-2011-0325. 
Their exemptions are effective as of February 22, 2016 and will expire 
on February 22, 2018.
    As of February 27, 2016 and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Danielle Wilkins (CA), has 
satisfied the conditions for obtaining a renewed exemption from the 
vision requirements (79 FR 1908; 79 FR 14333).
    The driver was included in Docket No. FMCSA-2013-0174. The 
exemption is effective as of February 27, 2016 and will expire on 
February 27, 2018.
    Each of the 66 applicants listed in the groups above 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.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by April 21, 2016.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 66 individuals from the vision 
requirement in 49 CFR 391.41(b)(10). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the qualifications, experience, and medical condition of each 
applicant for an exemption from the vision requirements. That 
information is available by consulting the above cited Federal Register 
publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

Submitting Comments

    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 that FMCSA 
can contact you if there are questions regarding your submission.

[[Page 15404]]

    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-1998-4334; FMCSA-
1999-5578; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2000-7363; FMCSA-
2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-22194; 
FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2009-0154; 
FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2011-0092; FMCSA-2011-0142; 
FMCSA-2011-0190; FMCSA-2011-0298; FMCSA-2011-0325; FMCSA-2013-0029; 
FMCSA-2013-0165; FMCSA-2-13-0166; FMCSA-2013-0167; FMCSA-2013-0168; 
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174 and click the search 
button. When the new screen appears, click on the blue ``Comment Now!'' 
button on the right hand side of the page. On the new page, enter 
information required including the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation. 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.
    We will consider all comments and material received during the 
comment period and may change the decision based on your comments. 
FMCSA may issue a response at any time after the close of the comment 
period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-5748; 
FMCSA-1999-6156; FMCSA-2000-7363; FMCSA-2001-10578; FMCSA-2003-15268; 
FMCSA-2003-15892; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2007-0017; 
FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; 
FMCSA-2011-0092; FMCSA-2011-0142; FMCSA-2011-0190; FMCSA-2011-0298; 
FMCSA-2011-0325; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2-13-0166; 
FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; 
FMCSA-2013-0174 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and related comments.

    Issued on: March 3, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06390 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-EX-P