Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 69983 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Hodge receiving an exemption. 

Lewis R. Holbrook 

Mr. Holbrook is a 43 year-old driver 

in North Carolina. He has a history of 

a seizure disorder and has remained 

seizure free since 2004. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2005. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Holbrook receiving an exemption. 

Donald A. Horst 

Mr. Horst is a 65 year-old class A CDL 

holder in Maryland. He has a history of 

a seizure disorder and has remained 

seizure free since 2008. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2009. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Horst receiving an exemption. 

Dominick Rezza 

Mr. Rezza is a 58 year-old class A CDL 

holder in Texas. He has a history of a 

seizure disorder and has remained 

seizure free since 1995. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

1996. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Rezza receiving an exemption. 

David L. Satchell 

Mr. Satchell is a 37 year-old driver in 

New Jersey. He has a history of seizures 

and has remained seizure free since 

2013. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since that time. If 

granted the exemption, he would like to 

drive a CMV. His physician states that 

he is supportive of Mr. Satchell 

receiving an exemption. 

Eric G. Schams 

Mr. Schams is a 43 year-old driver in 

Wisconsin. He has a history of a seizure 

in 2006 and remained seizure free for 6 

years until, under the direction of his 

neurologist, his anti-seizure medication 

was tapered and he had a seizure in 

2012. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since that time. If 

granted the exemption, he would like to 

drive a CMV. His physician states that 

he is supportive of Mr. Schams 

receiving an exemption. 

Edgar A. Snapp 

Mr. Snapp is a 52 year-old class B 

CDL holder in Indiana. He has a history 

of a seizure disorder and has remained 

seizure free since 1988. He takes antiseizure medication with the dosage and 

frequency remaining the same since that 

time. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Snapp receiving an exemption. 

Gregory W. Young 

Mr. Young is a 50 year-old class A 

CDL holder in South Carolina. He has a 

history of seizure and has remained 

seizure free since 1983. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2004. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Young receiving an exemption. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the exemption applications described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

earlier in the notice. 

Issued on: November 17, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–27755 Filed 11–21–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA–2014–0420] 

Hours of Service of Drivers: 

Specialized Carriers & Rigging 

Association (SC&RA); Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from the 

Specialized Carriers & Rigging 

Association (SC&RA) for an exemption 

from the 30-minute rest break provision 

of the Agency’s hours-of-service (HOS) 

regulations for commercial motor 

vehicle (CMV) drivers. The requested 

exemption would apply to specialized 

carriers and drivers responsible for the 

transportation of loads that exceed 

normal weight and dimensional limits— 

oversize/overweight (OS/OW) loads— 

and require a permit issued by a 

government authority. Due to the nature 

of their operation, SC&RA believes that 

compliance with the 30-minute rest 

break rule is extremely difficult, 

primarily due to the limited (usually 

daylight) hours in which an OS/OW 

load can be transported as restricted by 

State permit requirements. SC&RA 

therefore requests this exemption for all 

permitted loads. FMCSA requests public 

comment on SC&RA’s application for 

exemption. 

DATES: Comments must be received on 

or before December 24, 2014. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2014–0420 by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• 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., 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

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. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can get electronic submission and 

retrieval help and guidelines under the 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
69984 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 

‘‘help’’ section of the Federal 

eRulemaking Portal Web site. If you 

want us to notify you that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket, and we will 

consider late comments to the extent 

practicable. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations (FMCSRs). 

FMCSA must publish a notice of each 

exemption request in the Federal 

Register (49 CFR 381.315(a)). The 

Agency must provide the public an 

opportunity to inspect the information 

relevant to the application, including 

any safety analyses that have been 

conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Request for Exemption 

On December 27, 2011 (76 FR 81133), 

FMCSA published a final rule amending 

its hours-of-service (HOS) regulations 

for drivers of property-carrying CMVs. 

The final rule adopted several changes 

to the HOS rules, including a new 

provision requiring drivers to take a rest 

break during the work day under certain 

circumstances. Drivers may drive a 

CMV only if 8 hours or less have passed 

since the end of the driver’s last off-duty 

or sleeper-berth period of at least 30 

minutes. FMCSA did not specify when 

drivers must take the 30-minute break, 

but the rule requires that they wait no 

longer than 8 hours after the last offduty or sleeper-berth period of that 

length or longer to take the break. This 

requirement took effect on July 1, 2013. 

SC&RA seeks an exemption from the 

30-minute rest break provision in 49 

CFR 395.3(a)(3)(ii). The 30-minute break 

uniquely affects OS/OW loads and has 

exacerbated the number of instances in 

which drivers have had to park these 

loads at roadside, consequently 

impacting the safety of both the general 

public and the driver. The requested 

exemption would apply to all 

specialized carriers and drivers 

responsible for the transportation of 

loads that exceed maximum legal 

weight and dimensional limits—OS/OW 

loads—that require a permit issued by a 

government authority. According to 

SC&RA, the hours of operation in which 

a driver may move an OS/OW load on 

a valid permit vary tremendously from 

State to State, and even among local 

jurisdictions within a State, differ in 

terms of the days of the week and hours 

of the day when transit is allowed. 

Because hours in which an OS/OW load 

can travel are restricted by permit 

requirements, often those hours will be 

in conflict with the timing of the 

required 30-minute rest break. SC&RA 

specifically cites four instances 

demonstrating this conflict. As less 

space is available for parking OS/OW 

trucks, specialized tractor/trailer 

combinations transporting OS/OW loads 

will increasingly be parked alongside 

interstate or other highways and ramp 

shoulders, further compromising their 

safety and the safety of the general 

public on the roadways. 

An average OS/OW load may measure 

approximately 15–16 feet wide and high 

and in excess of 100 feet in length. Each 

driver has the additional burden of 

finding a place large enough to 

accommodate and park the vehicle until 

passage is permitted. SC&RA cites the 

Federal Highway Administration’s 

‘‘Commercial Motor Vehicle Parking 

Shortage’’ study (May 2012), which 

documents the existing parking shortage 

and further provides evidence that 

locating adequate parking space for such 

over-dimensional loads is extremely 

challenging. A copy of this study is 

included in SC&RA’s exemption request 

filing in the docket identified earlier in 

this notice. 

Occasionally, the safest option for 

drivers is to park such loads on the 

shoulders of interstates routes and other 

highways, and on ramps leading to and 

from those highways. This decision 

requires the driver to protect and alert 

the motoring public by employing traffic 

control measures such as setting up 

safety cones, etc. In some instances, the 

OS/OW load is so large and/or the road 

shoulder width is so limited, that the 

tractor trailer combination cannot be 

properly parked off the roadway and 

therefore takes up an entire lane of the 

road. 

SC&RA does not foresee any negative 

impact to safety from the requested 

exemption. It believes that granting the 

exemption would have a favorable 

impact on overall safety by reducing the 

frequency of drivers resorting to less 

than ideal parking options, thereby 

reducing the frequency of lanes being 

partially or fully obscured. 

SC&RA states that the industry has 

been diligent in ensuring that its drivers 

are safety compliant by identifying, 

deploying, analyzing and monitoring 

best practices. The effectiveness of the 

industry’s efforts is substantiated 

through its safety record. By demand 

and due to the type and nature of the 

size and weight involved, these drivers 

tend to be more experienced and skilled 

than many drivers in the industry. 

Safety is achieved through rigorous, 

mandated training for all drivers on a 

daily, weekly, monthly and quarterly 

basis, in conjunction with annual safety 

checks, and self-imposed random safety 

audits. Furthermore, most specialized 

transportation carriers conduct 

weekly—or sometimes more frequent— 

meetings with drivers to ensure that 

they are current on information with 

regard to operating OS/OW loads in 

their industry. This training includes 

full recognition of the HOS regulations, 

and compliance with such regulations 

to ensure OS/OW drivers are not 

operating while fatigued. A copy of 

SC&RA’s exemption application is 

available for review in the docket for 

this notice. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b)(4), FMCSA requests public 

comment on SC&RA’s application for an 

exemption from certain provisions of 

the driver’s HOS regulations in 49 CFR 

part 395. The Agency will consider all 

comments received by close of business 

on December 24, 2014. The Agency also 

will consider to the extent practicable 

comments received in the public docket 

after the closing date of the comment 

period. 

Comments will be available for 

examination in the docket at the 

location listed under the ADDRESSES

section of this notice. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 69985 

Issued on: November 14, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–27743 Filed 11–21–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0298] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions, request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 34 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. They are unable to meet 

the vision requirement in one eye for 

various reasons. If granted, the 

exemptions would enable these 

individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision requirement in one 

eye. 

DATES: Comments must be received on 

or before December 24, 2014. All 

comments will be investigated by 

FMCSA. The exemptions will be issued 

the day after the comment period closes. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0298 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: 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 numbers for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

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 

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: 

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. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-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.’’ 

FMCSA can renew exemptions at the 

end of each 2-year period. The 34 

individuals listed in this notice have 

each requested such an exemption from 

the vision requirement in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce. 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting an 

exemption will achieve the required 

level of safety mandated by statute. 

II. Qualifications of Applicants 

Peter H. Bailey 

Mr. Bailey, 56, has had a prosthetic in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, no light perception. 

Following an examination in 2014, his 

optometrist stated, ‘‘It is my 

professional opinion that Peter Bailey 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Bailey 

reported that he has driven straight 

trucks for 5 years, accumulating 28,750 

miles, and tractor-trailer combinations 

for 33 years, accumulating 1.73 million 

miles. He holds a Class CA CDL from 

Michigan. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Dewey E. Ballard Jr. 

Mr. Ballard, 54, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/200, 

and in his left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated that, in his medical opinion, Mr. 

Ballard has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle. Mr. Ballard 

reported that he has driven straight 

trucks for 15 years, accumulating 60,000 

miles. He holds an operator’s license 

from South Carolina. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Steven M. Claney 

Mr. Claney, 49, has complete loss of 

vision in his left eye due to a traumatic 

incident in childhood. The visual acuity 

in his right eye is 20/20, and in his left 

eye, no light perception. Following an 

examination in 2014, his optometrist 

stated, ‘‘I feel Steven M [sic] Claney has 

the visual abilities to continue operating 

a commercial motor vehicle in interstate 

commerce because the visual loss in his 

left eye occurred in 1978 and he has 

been safely operating a commercial 

vehicle for more than 3 years.’’ Mr. 

Claney reported that he has driven 

tractor-trailer combinations for 7 years, 

accumulating 105,000 miles. He holds a 

Class A CDL from Iowa. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Thurman T. Clayton, Jr. 

Mr. Clayton, 44, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/200, 

and in his left eye, 20/20. Following an 

examination in 2014, his optometrist 


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