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Qualification of Drivers; Exemption Applications; Vision

American Government Special Collections Reference Desk

American Government

Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
July 1, 2015

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Pages 37718-37719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16138]

[[Page 37718]]



Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-
2003-14504; FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-
2007-27897; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-
2011-0057; FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-2013-0028]

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 
23 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 August 8, 2015. Comments must be 
received on or before July 29, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2006-
24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-2007-27897; FMCSA-2008-
0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-
0092; FMCSA-2013-0027; FMCSA-2013-0028], using any of the following 
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
     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: 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 

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.


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 23 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 23 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Juan D. Adame, Jr. (TX)
James C. Barr (OH)
Jean-Pierre G. Brefort (CT)
Ryan L. Brown (IL)
David S. Carman (NJ)
Todd A. Chapman (NC)
Timothy J. Curran (CA)
Erik R. Davis (GA)
Paul W. Dawson (CO)
Everett A. Doty (AZ)
Waylon E. Hall (LA)
Gary D. Hallman (AL)
Dean R. Hawley (NC)
Edward J. Kasper (DE)
David J. Kibble (PA)
Darrell W. Knorr (IL)
Jorge G. Lopez (OH)
William F. Nickel, V (OR)
Gonzalo Pena (FL)
Robert A. Reyna (UT)
Tim M. Seavy (IN)
Charles R. Sylvester (NC)
David R. Thomas (AL)

    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

[[Page 37719]]

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 23 applicants 
has satisfied the entry conditions for obtaining an exemption from the 
vision requirements (65 FR 66286; 66 FR 13825; 66 FR 30502; 66 FR 
33990; 66 FR 41654; 67 FR 76439; 68 FR 10298; 68 FR 10300; 68 FR 19598; 
68 FR 33570; 68 FR 44837; 70 FR 7545; 70 FR 7546; 70 FR 25878; 70 FR 
41811; 71 FR 14566; 71 FR 30227; 72 FR 180; 72 FR 7111; 72 FR 7812; 72 
FR 8417; 72 FR 9397; 72 FR 28093; 72 FR 36099; 72 FR 39879; 72 FR 
40362; 72 FR 52419; 73 FR 27014; 73 FR 38497; 73 FR 48271; 73 FR 51689; 
73 FR 63047; 74 FR 6212; 74 FR 19270; 74 FR 26466; 74 FR 34395; 75 FR 
50799; 75 FR 66423; 75 FR 77590; 76 FR 9861; 76 FR 17481; 76 FR 18824; 
76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29024; 76 FR 
37885; 76 FR 44652; 77 FR 70537; 78 FR 10250; 78 FR 14410; 78 FR 24300; 
78 FR 24798; 78 FR 27281; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 
51268; 78 FR 56993; 79 FR 24298). Each of these 23 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 
    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-2000-7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2003-
14504; FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-2007-
27897; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-2011-
0057; FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-2013-0028), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. FMCSA recommends that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so the Agency can contact you if it 
has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov 
and put the docket number, ``FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-
2002-13411; FMCSA-2003-14504; FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-
2007-25246; FMCSA-2007-27897; FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-
2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-
2013-0028'' 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 http://www.regulations.gov and in the search box insert the docket number, 
``FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-2002-13411; FMCSA-2003-14504; 
FMCSA-2006-24015; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-2007-27897; 
FMCSA-2008-0174; FMCSA-2008-0266; FMCSA-2011-0024; FMCSA-2011-0057; 
FMCSA-2011-0092; FMCSA-2013-0027; FMCSA-2013-0028'' 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: June 23, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-16138 Filed 6-30-15; 8:45 am]

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