[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67460-67462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26938]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23238; FMCSA-2007-27897; FMCSA-2007-29019; 
FMCSA-2010-0082; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0275; 
FMCSA-2011-0276]


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 
12 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 22, 2013. Comments must be 
received on or before December 12, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2005-
23238; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2010-0082; FMCSA-2011-
0140; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276], 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: Elaine M. Papp, Chief, Medical 
Programs Division, 202-366-4001,

[[Page 67461]]

[email protected], 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 12 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 12 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

Donald G. Bostic (WV)
Anton Filic (TX)
Wesley V. Holland (NC)
Todd A. McBrain (OK)
Charles D. Oestreich (MN)
David M. Taylor (MO)
Bruce A. Cameron (ND)
Michael W. Gibbs (NC)
Frank E. Johnson, Jr. (FL)
Robert E. Morgan, Jr. (GA)
Victor C. Richert (OR)
James D. Zimmer (OH)

    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. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 12 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (71 FR 5105; 71 FR 19600; 72 FR 39879; 72 FR 52419; 72 FR 
58362; 72 FR 67344; 73 FR 52456; 74 FR 41971; 74 FR 53581; 74 FR 57553; 
75 FR 25917; 75 FR 39727; 76 FR 32016; 76 FR 37169; 76 FR 49528; 76 FR 
50318; 76 FR 54530; 76 FR 61143; 76 FR 64164; 76 FR 67248; 76 FR 70212; 
76 FR 75940; 76 FR 79761). Each of these 12 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.

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 December 12, 2013.
    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 12 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 http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2005-23238; FMCSA-
2007-27897; FMCSA-2007-29019; FMCSA-2010-0082; FMCSA-2011-0140; FMCSA-
2011-0142; FMCSA-2011-0275; FMCSA-2011-0276 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

[[Page 67462]]

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 this proposed rule based on your 
comments. 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, to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2005-23238; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2010-0082; 
FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276 and 
click ``Search.'' Next, click ``Open Docket Folder'' and you will find 
all documents and comments related to the proposed rulemaking.

    Dated: November 1, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-26938 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P