Qualification of Drivers; Exemption Applications; Vision, 28138-28140 [2016-10797]
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28138
Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
Issued on: May 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–10891 Filed 5–6–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–6480; FMCSA–
2000–7363; FMCSA–2004–17195; FMCSA–
2005–23099; FMCSA–2007–0071; FMCSA–
2009–0011; FMCSA–2009–0291; FMCSA–
2009–0303; FMCSA–2010–0050; FMCSA–
2011–0379; FMCSA–2011–0380; FMCSA–
2012–0040; FMCSA–2012–0104; FMCSA–
2013–0174; FMCSA–2014–0002; FMCSA–
2014–0003; FMCSA–2014–0004; FMCSA–
2014–0005]
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 43
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.
SUMMARY:
Each group of renewed
exemptions are effective from the dates
stated in the discussions below.
Comments must be received on or
before June 8, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Numbers: Docket No.
[Docket No. FMCSA–1999–6480;
FMCSA–2000–7363; FMCSA–2004–
17195; FMCSA–2005–23099; FMCSA–
2007–0071; FMCSA–2009–0011;
FMCSA–2009–0291; FMCSA–2009–
0303; FMCSA–2010–0050; FMCSA–
2011–0379; FMCSA–2011–0380;
FMCSA–2012–0040; FMCSA–2012–
0104; FMCSA–2012–0340; FMCSA–
2013–0174; FMCSA–2014–0002;
FMCSA–2014–0003; FMCSA–2014–
0004; FMCSA–2014–0005], using any of
the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
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DATES:
VerDate Sep<11>2014
17:44 May 06, 2016
Jkt 238001
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: 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
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Sfmt 4703
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 43 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
43 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 June and are discussed
below.
As of June 3, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
following 34 individuals have satisfied
the conditions for obtaining a renewed
exemption from the vision requirements
(64 FR 68195; 65 FR 20251; 65 FR
45817; 65 FR 77066; 67 FR 17102; 67 FR
38311; 68 FR 1654; 69 FR 17263; 69 FR
17267; 69 FR 26921; 69 FR 31447; 70 FR
7545; 71 FR 4194; 71 FR 13450; 71 FR
16410; 71 FR 27033; 73 FR 6242; 73 FR
9158; 73 FR 11989; 73 FR 16950; 73 FR
28186; 74 FR 60022; 74 FR 65842; 75 FR
4623; 75 FR 9477; 75 FR 9480; 75 FR
9482; 75 FR 9484; 75 FR 14656; 75 FR
22176; 75 FR 27623; 75 FR 28682; 77 FR
10604; 77 FR 10606; 77 FR 13689; 77 FR
15184; 77 FR 17107; 77 FR 17108; 77 FR
17109; 77 FR 27845; 77 FR 27849; 77 FR
27850; 77 FR 29447; 79 FR 1908; 79 FR
10606; 79 FR 10619; 79 FR 14328; 79 FR
14331; 79 FR 14333; 79 FR 14571; 79 FR
17642; 79 FR 18391; 79 FR 18392; 79 FR
21996; 79 FR 22003; 79 FR 27043; 79 FR
28588; 79 FR 29498):
Thomas R. Abbott (TN)
Dean R. Allen (OR)
Robert J. Ambrose (MA)
Rodney R. Anderson (PA)
Ernie E. Black (NC)
Gary O. Brady (WV)
Marland L. Brassfield (TX)
Larry D. Buchanan (NM)
Michael B. Canedy (MN)
Melvin D. Clark (GA)
Dean E. Dexter (SD)
Scott E. Elliot (NH)
Rojelio Garcia-Pena (MI)
Grant G. Gibson (MN)
Stephen H. Goldcamp (OH)
Wai F. King (IL)
Eric W. Kopmann (MO)
Dennis E. Krone (IL)
George E. Lewis (OH)
Travis J. Luce (MI)
Phillip D. Mathys (OH)
Thomas J. Mavraganis (IL)
Richard J. McKenzie, Jr. (MD)
Christopher J. Meerten (OR)
Jason T. Montoya (NM)
Michael Pace (TX)
Tommy L. Ray, Jr. (AL)
George S. Rayson (OH)
Joe A. Root (MN)
Carl D. Short (MO)
Lewis H. West, Jr. (MA)
Donald G. Wilcox (OR)
David E. Williford (NC)
Jimmy S. Zamora, Jr. (TX)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–1999–6480; FMCSA–2000–
7363; FMCSA–2004–17195; FMCSA–
2005–23099; FMCSA–2007–0071;
FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2009–0303; FMCSA–
2010–0050; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2013–
0174; FMCSA–2014–0002; FMCSA–
2014–0003; FMCSA–2014–0004. Their
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17:44 May 06, 2016
Jkt 238001
exemptions are effective as of June 3,
2016 and will expire on June 3, 2018.
As of June 6, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 3 individuals have satisfied
the conditions for obtaining a renewed
exemption from the vision requirements
(77 FR 23799; 77 FR 33558; 79 FR
27365):
Rudolph Bisschop (MA)
Richard Doroba (IL)
Tommy Thomas (CA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2012–0040. Their exemptions
are effective as of June 6, 2016 and will
expire on June 6, 2018.
As of June 17, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual, DelRay
V. Ryckman (SD), has satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(79 FR 27681; 79 FR 38649).
The driver was included in the
following docket: Docket No. FMCSA–
2014–0005. The exemption is effective
as of June 17, 2016 and will expire on
June 17, 2018.
As of June 27, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 5 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 27847; 77 FR
38386; 79 FR 29495):
Matthew G. Epps (FL)
Michael E. McAfee (KY)
Joe Ramirez (CA)
James E. Sikkink (IL)
John C. Smith (IL)
The drivers were included on the
following docket: Docket No. FMCSA–
2012–0104. Their exemptions are
effective as of June 27, 2016 and will
expire on June 27, 2018.
Each of the 42 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
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28139
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 June 8,
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 42
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.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
E:\FR\FM\09MYN1.SGM
09MYN1
28140
Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
FMCSA–1999–6480; FMCSA–2000–
7363; FMCSA–2004–17195; FMCSA–
2005–23099; FMCSA–2007–0071;
FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2009–0303; FMCSA–
2010–0050; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2012–
0040; FMCSA–2012–0104; FMCSA–
2013–0174; FMCSA–2014–0002;
FMCSA–2014–0003; FMCSA–2014–
0004; FMCSA–2014–0005 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. FMCSA may issue a final rule 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 https://www.regulations.gov and in
the search box insert the docket number
FMCSA–1999–6480; FMCSA–2000–
7363; FMCSA–2004–17195; FMCSA–
2005–23099; FMCSA–2007–0071;
FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2009–0303; FMCSA–
2010–0050; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2012–
0040; FMCSA–2012–0104; FMCSA–
2013–0174; FMCSA–2014–0002;
FMCSA–2014–0003; FMCSA–2014–
0004; FMCSA–2014–0005 and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to this notice.
Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–10797 Filed 5–6–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
SUPPLEMENTARY INFORMATION:
[Docket No. FRA–2016–0002–N–13]
I. Background
Agency Request for Regular
Processing of Collection of
Information by the Office of
Management and Budget
Under 49 U.S.C. 20157, as amended
by the Positive Train Control
Enforcement and Implementation Act of
2015 (PTCEI Act), FRA must conduct
compliance reviews, at least annually,
to ensure each railroad is complying
with its revised PTC implementation
plan (PTCIP). The PTCEI Act requires
railroads to provide information to FRA
that FRA determines is necessary to
adequately conduct such compliance
reviews. See 49 U.S.C. 20157(c)(2).
To effectively monitor industry’s
implementation of PTC systems, FRA is
proposing to require each subject
railroad to submit quarterly reports on
its implementation progress, in addition
to the annual progress reports the PTCEI
Act mandated, under FRA’s statutory
and regulatory investigative authorities.
See 49 U.S.C. 20157(c)(2); see also 49
U.S.C. 20107, 20902; 49 CFR
236.1009(h). Specifically, FRA is
proposing that, in addition to the annual
report due each March 31 under 49
U.S.C. 20157(c)(1), railroads must
provide quarterly progress reports
covering the preceding three-month
period and submit the forms to FRA on
the dates in the following table until full
PTC system implementation is
completed:
Federal Railroad
Administration (FRA), United States
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
Consistent with the
Paperwork Reduction Act of 1995 (PRA)
and its implementing regulations, this
document provides notice that FRA is
submitting the following Information
Collection Request (ICR) to the Office of
Management and Budget (OMB) to
collect information on railroads’
implementation of positive train control
(PTC) systems on a quarterly form. FRA
requests regular processing and OMB
authorization to collect the information
on the quarterly form identified below
30 days after publication of this notice
for a period of three years.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with any public
applicable supporting documentation,
may be obtained by calling FRA’s Office
of Safety Information Collection
Clearance Officer, Robert Brogan at
(202) 493–6292, or FRA’s Office of
Administration Information Collection
SUMMARY:
Coverage period
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Q1
Q2
Q3
Q4
.................................
.................................
.................................
.................................
VerDate Sep<11>2014
Due dates for quarterly reports
January 1–March 31 ...........................................................
April 1–June 30 ...................................................................
July 1–September 30 ..........................................................
October 1—December 31 ...................................................
FRA delayed the due date for submitting
the first quarterly report to allow time
for the normal 60 days of notice and
public comment to FRA, and the
additional 30 days of public comment to
OMB while the submission undergoes
OMB review as required under the PRA
and its concomitant regulations. See 44
U.S.C. 3501–3520; 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a).
17:44 May 06, 2016
Jkt 238001
Clearance Officer, Kimberly Toone at
(202) 493–6132; these numbers are not
toll-free; or by contacting Mr. Brogan via
facsimile at (202) 493–6216 or Ms.
Toone via facsimile at (202) 493–6497,
or via email by contacting Mr. Brogan at
Robert.Brogan@dot.gov, or by contacting
Ms. Toone at Kim.Toone@dot.gov.
Comments or questions about any
aspect of this ICR should be directed to
OMB’s Office of Information and
Regulatory Affairs, Attn: FRA OMB
Desk Officer.
June 30, 2016, and each April 30 thereafter.
July 31.
October 31.
January 31.
FRA is proposing that each railroad
must submit its quarterly progress
reports on Form FRA F 6180.165 using
FRA’s Secure Information Repository
(SIR) at https://sir.fra.dot.gov. FRA is
proposing to let the less detailed
monthly reporting that it currently
requires (approved under OMB No.
2130–0553) expire in June 2016 when
railroads would be required to begin
providing the quarterly progress reports.
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Fmt 4703
Sfmt 4703
II. Public Participation
On March 7, 2016, FRA published a
notice in the Federal Register seeking
public comment on the proposed
Quarterly PTC Progress Report Form. 81
FR 11878, Mar. 7, 2016. By letter dated
April 12, 2016, the Association of
American Railroads (AAR) submitted
comments on behalf of itself and its
member railroads. By letter and email
E:\FR\FM\09MYN1.SGM
09MYN1
Agencies
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28138-28140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10797]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-
2005-23099; FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-
2009-0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-
2012-0040; FMCSA-2012-0104; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-
2014-0003; FMCSA-2014-0004; FMCSA-2014-0005]
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
43 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
June 8, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Numbers: Docket No. [Docket No. FMCSA-1999-
6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2007-
0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2010-
0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-
0104; FMCSA-2012-0340; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-
0003; FMCSA-2014-0004; FMCSA-2014-0005], 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: 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 43 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 43 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 June
and are discussed below.
As of June 3, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the
[[Page 28139]]
following 34 individuals have satisfied the conditions for obtaining a
renewed exemption from the vision requirements (64 FR 68195; 65 FR
20251; 65 FR 45817; 65 FR 77066; 67 FR 17102; 67 FR 38311; 68 FR 1654;
69 FR 17263; 69 FR 17267; 69 FR 26921; 69 FR 31447; 70 FR 7545; 71 FR
4194; 71 FR 13450; 71 FR 16410; 71 FR 27033; 73 FR 6242; 73 FR 9158; 73
FR 11989; 73 FR 16950; 73 FR 28186; 74 FR 60022; 74 FR 65842; 75 FR
4623; 75 FR 9477; 75 FR 9480; 75 FR 9482; 75 FR 9484; 75 FR 14656; 75
FR 22176; 75 FR 27623; 75 FR 28682; 77 FR 10604; 77 FR 10606; 77 FR
13689; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17109; 77 FR 27845;
77 FR 27849; 77 FR 27850; 77 FR 29447; 79 FR 1908; 79 FR 10606; 79 FR
10619; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17642;
79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22003; 79 FR 27043; 79 FR
28588; 79 FR 29498):
Thomas R. Abbott (TN)
Dean R. Allen (OR)
Robert J. Ambrose (MA)
Rodney R. Anderson (PA)
Ernie E. Black (NC)
Gary O. Brady (WV)
Marland L. Brassfield (TX)
Larry D. Buchanan (NM)
Michael B. Canedy (MN)
Melvin D. Clark (GA)
Dean E. Dexter (SD)
Scott E. Elliot (NH)
Rojelio Garcia-Pena (MI)
Grant G. Gibson (MN)
Stephen H. Goldcamp (OH)
Wai F. King (IL)
Eric W. Kopmann (MO)
Dennis E. Krone (IL)
George E. Lewis (OH)
Travis J. Luce (MI)
Phillip D. Mathys (OH)
Thomas J. Mavraganis (IL)
Richard J. McKenzie, Jr. (MD)
Christopher J. Meerten (OR)
Jason T. Montoya (NM)
Michael Pace (TX)
Tommy L. Ray, Jr. (AL)
George S. Rayson (OH)
Joe A. Root (MN)
Carl D. Short (MO)
Lewis H. West, Jr. (MA)
Donald G. Wilcox (OR)
David E. Williford (NC)
Jimmy S. Zamora, Jr. (TX)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-
23099; FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-
0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2013-
0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004. Their
exemptions are effective as of June 3, 2016 and will expire on June 3,
2018.
As of June 6, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 3 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (77 FR
23799; 77 FR 33558; 79 FR 27365):
Rudolph Bisschop (MA)
Richard Doroba (IL)
Tommy Thomas (CA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2012-0040. Their exemptions are effective as of June 6, 2016
and will expire on June 6, 2018.
As of June 17, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following individual, DelRay V. Ryckman (SD), has satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (79 FR 27681; 79 FR 38649).
The driver was included in the following docket: Docket No. FMCSA-
2014-0005. The exemption is effective as of June 17, 2016 and will
expire on June 17, 2018.
As of June 27, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 5 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (77 FR
27847; 77 FR 38386; 79 FR 29495):
Matthew G. Epps (FL)
Michael E. McAfee (KY)
Joe Ramirez (CA)
James E. Sikkink (IL)
John C. Smith (IL)
The drivers were included on the following docket: Docket No.
FMCSA-2012-0104. Their exemptions are effective as of June 27, 2016 and
will expire on June 27, 2018.
Each of the 42 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 June 8, 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 42 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.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket numbers
[[Page 28140]]
FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-23099;
FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0303;
FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040;
FMCSA-2012-0104; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003;
FMCSA-2014-0004; FMCSA-2014-0005 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. FMCSA may issue a final rule 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 https://www.regulations.gov and in the search box insert
the docket number FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2004-17195;
FMCSA-2005-23099; FMCSA-2007-0071; FMCSA-2009-0011; FMCSA-2009-0291;
FMCSA-2009-0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0174; FMCSA-2014-0002;
FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to this notice.
Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10797 Filed 5-6-16; 8:45 am]
BILLING CODE 4910-EX-P