7678 Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices 

§ 393.48 Brakes to be operative. 

* * * * * 

(d)(1) Trailer-mounted electric brake 

controllers are allowed on: 

(i) Any trailer with a gross vehicle 

weight rating (GVWR) of 12,000 pounds 

or less, when its GVWR does not exceed 

1.75 times the GVWR of the towing 

vehicle; and 

(ii) Any trailer with a GVWR greater 

than 12,000 pounds, but less than 

20,001 pounds, when its GVWR does 

not exceed 1.25 times the GVWR of the 

towing vehicle. 

(2) The gross vehicle weight (GVW) of 

a trailer equipped with a trailermounted electric brake controller may 

be used instead of its GVWR to calculate 

compliance with the weight ratios 

specified in paragraph (d)(1) of this 

section when the trailer manufacturer’s 

GVWR label is missing. 

(3) The GVW of a trailer equipped 

with a trailer-mounted electric brake 

controller must be used to calculate 

compliance with the weight ratios 

specified in paragraph (d)(1) of this 

section when the trailer’s GVW exceeds 

its GVWR. 

(4) The trailer equipped with a trailermounted electric brake controller must 

meet the requirements of § 393.40. 

§ 393.49 Control valves for brakes. 

* * * * * 

(c) Trailer-mounted electric brake 

controller exception. This requirement 

is not applicable to trailers equipped 

with trailer-mounted electric brake 

controllers that satisfy the conditions 

specified in 393.48(d). 

The exemption will be valid for two 

years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) Motor carriers and/or 

commercial motor vehicles fail 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. 

Request for Comments 

FMCSA requests comments from 

parties with data concerning the safety 

record of motor carriers utilizing trailermounted electric brake controllers, in 

accordance with the conditions of the 

original exemption, by March 13, 2015. 

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(b)(1), 

FMCSA will take immediate steps to 

revoke the exemption. 

Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with or is 

inconsistent with this exemption to 

allow commercial motor vehicle 

operators to use trailer-mounted electric 

brake controllers which monitor and 

actuate electric trailer brakes based on 

inertial forces developed in response to 

the braking action of the towing vehicle. 

Issued On: January 30, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–02810 Filed 2–10–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7363; FMCSA– 

2002–13411] 

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 10 

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 March 

4, 2015. Comments must be received on 

or before March 13, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2000–7363; 

FMCSA–2002–13411], 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: 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. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, 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. 

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 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices 7679 

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 10 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

10 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Kirk G. Braegger (UT) 

Ambrosio Calles (NM) 

Jose G. Cruz (TX) 

Harry P. Henning (PA) 

Christopher L. Humphries (TX) 

Ralph J. Miles (OR) 

Thomas C. Rylee (GA) 

Stanley B. Salkowski, III (PA) 

Michael G. Thomas (PA) 

William H. Twardus (DE) 

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 10 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 45817; 65 FR 

77066; 67 FR 71610; 67 FR 76439; 68 FR 

10298; 70 FR 7545; 72 FR 7812; 74 FR 

6689; 76 FR 9859; 78 FR 8689). Each of 

these 10 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–2000–7363; FMCSA– 

2002–13411), 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– 

7363; FMCSA–2002–13411’’ 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 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. 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–2000–7363; FMCSA–2002– 

13411’’ 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: February 2, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–02805 Filed 2–10–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25246; FMCSA– 

2010–0385] 

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 9 

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 March 

7, 2015. Comments must be received on 

or before March 13, 2015. 


tkelley on DSK3SPTVN1PROD with NOTICES