Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
November 5, 2014
[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65760-65762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26273]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7006; FMCSA-2006-24783; FMCSA-2008-0231; FMCSA-
2010-0187; FMCSA-2011-0124; FMCSA-2012-0161; FMCSA-2012-0279]
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
17 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 December 3, 2014. Comments must be
received on or before December 5, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2000-
7006; FMCSA-2006-24783; FMCSA-2008-0231; FMCSA-2010-0187; FMCSA-2011-
0124; FMCSA-2012-0161; FMCSA-2012-0279], 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
[[Page 65761]]
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: Elaine M. Papp, R.N., Chief, 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:
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 17 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 17 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
Jawad K. Al-Shaibani (TX)
Robert S. Bowen (TN)
Joseph E. Brunette (CA)
Deurice K. Dean (MD)
Craig E. Dorrance (MT)
Terry J. Edwards (MO)
Christopher K. Foot (NV)
Anthony A. Gibson, Jr. (IL)
Charles F. Huffman (WA)
Ivaylo V. Kanchev (FL)
John L. Lethcoe (NC)
Johnny Montemayor (TX)
Christopher S. Morgan (LA)
Neville E. Owens II (NC)
Jeffrey S. Pennell (VT)
Benito Saldana (TX)
Max A. Thurman (IL)
The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 20245; 65 FR 57230; 67 FR 57266; 69 FR 52741; 71 FR
32183; 71 FR 41310; 71 FR 53489; 73 FR 36955; 73 FR 46973; 73 FR 51336;
73 FR 54888; 75 FR 36778; 75 FR 47883; 75 FR 52062; 75 FR 52063; 75 FR
63257; 76 FR 34136; 76 FR 55463; 77 FR 41879; 77 FR 48590; 77 FR 52388;
77 FR 52389; 77 FR 52391; 77 FR 60008; 77 FR 60010; 77 FR 71671). Each
of these 17 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption requirements. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.
IV. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2007-7006; FMCSA-2006-24783; FMCSA-2008-0231; FMCSA-2010-
0187; FMCSA-2011-0124; FMCSA-2012-0161; FMCSA-2012-0279), 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-2007-7006; FMCSA-2006-24783; FMCSA-
2008-0231; FMCSA-2010-0187; FMCSA-2011-0124; FMCSA-2012-0161; FMCSA-
2012-0279'' 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-2007-7006; FMCSA-2006-
[[Page 65762]]
24783; FMCSA-2008-0231; FMCSA-2010-0187; FMCSA-2011-0124; FMCSA-2012-
0161; FMCSA-2012-0279'' 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., ET.,
Monday through Friday, except Federal holidays.
Issued on: October 27, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-26273 Filed 11-4-14; 8:45 am]
BILLING CODE 4910-EX-P