81 FR 39098 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 115 (June 15, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 115 (June 15, 2016)
| Page Range | 39098-39100 | |
| FR Document | 2016-14141 |
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)] [Notices] [Pages 39098-39100] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14141] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA- 2003-15268; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 120 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: Each group of renewed exemptions are effective from the dates stated in the discussions below. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [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: I. Electronic Access You may submit comments using the following Federal Docket Management System (FDMS) Docket Nos. discussed in this notice 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 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 www.dot.gov/privacy. II. Background On December 24, 2015, FMCSA published a notice of intent to renew the exemptions of drivers who have previously held exemptions, and requested comments from the public (80 FR 80443). The 120 individuals have held exemptions from the vision requirement in 49 CFR 391.41(b)(10) for drivers who operate CMVs in interstate commerce. 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. III. Request for Comments 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. FMCSA encourages you to participate by submitting comments and related materials. [[Page 39099]] IV. Basis for Renewing Exemptions This notice addresses 120 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 120 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of January and are discussed below. As of January 3, 2016 the following 41 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (64 FR 54948; 65 FR 159; 66 FR 53826; 66 FR 66966; 66 FR 66969; 68 FR 69432; 68 FR 69434; 70 FR 53412; 70 FR 57353; 70 FR 72689; 70 FR 74102; 71 FR 32183; 71 FR 41310; 71 FR 644; 72 FR 180; 72 FR 8417; 72 FR 9397; 72 FR 36099; 72 FR 39879; 72 FR 52419; 72 FR 62897; 72 FR 71995; 73 FR 60398; 74 FR 8302; 74 FR 34394; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR 60021; 74 FR 65847; 75 FR 25917; 75 FR 39727; 76 FR 12216; 76 FR 34135; 76 FR 49528; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 61143; 76 FR 64169; 76 FR 64171; 76 FR 67246; 76 FR 70210; 76 FR 70212; 76 FR 75942; 76 FR 75943; 76 FR 79760; 78 FR 24798; 78 FR 34143; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 67460; 78 FR 76395; 78 FR 76705; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 80 FR 80443): Terry L. Baker (KY) Woodrow E. Bohley (MO) Jason W. Bowers (OR) Scott Brady (FL) Kenneth E. Bross (MO) Junior Chavarria (NM) William Chisley (MD) Walter F. Crean, III (CT) Terry D. Elliott (TN) Ronnie J. Fieck (WI) Frederick E. Foster (VA) Gerald W. Fox (PA) Raymond L. Herman (NY) Wesley V. Holland (NC) Darryl H. Johnson (WV) Carol Kelly (IN) Martin D. Keough (NY) Richard H. Kind (WA) Eric L. Kinner (NY) Volga Kirkwood (MO) Richard L. Loeffelholz (WI) Stanley B. Marshall (GA) Herman C. Mash (NC) James McCleary (OH) Humberto Mendoza (TX) Marvin L. Motes (FL) Gerald L. Pagan (NC) Daniel F. Perez (CA) Robert G. Rascicot (FL) Michael J. Robinson (WV) Glen M. Schulz (IA) Levi A. Shetler (OH) Herbert W. Smith (WV) Juan E. Sotero (FL) James A. Spell (MD) Timothy R. Steckman (IL) Paul D. Stoddard (NY) Harry J. Stoever, Jr. (NJ) Eric Taniguchi (HI) Benny R. Toothman (PA) Stephen H. Ward (MO) The drivers were included in one of the following dockets: Docket Nos. FMCSA-1999-6156; FMCSA-2001-10578; FMCSA-2005-22194; FMCSA-2006- 24783; FMCSA-2006-25246; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA- 2009-0154; FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA- 2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA- 2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169. Their exemptions are effective as of January 3, 2016 and will expire on January 3, 2018. As of January 5, 2016, the following 3 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 70213; 77 FR 541; 78 FR 74223; 80 FR 80443): Michael P. Eisenreich (MN) John T. Thor (MN) George G. Ulferts, Jr. (IA) The drivers were included in one of the following dockets: Docket No. FMCSA-2011-0298. Their exemptions are effective as of January 5, 2016 and will expire on January 5, 2018. As of January 8, 2016, the following 10 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (72 FR 67340; 73 FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704; 80 FR 80443): Richard D. Becotte (NH) Wayne A. Burnett (NC) Boleslaw Makowski (WI) Charles M. Moore (TX) Gary T. Murray (GA) Anthony D. Ovitt (VT) Martin Postma (IL) Steven S. Reinsvold (WI) George E. Todd (WV) Bradley A. Weiser (OH) The drivers were included in one of the following dockets: Docket No. FMCSA-2007-0017. Their exemptions are effective as of January 8, 2016 and will expire on January 8, 2018. As of January 9, 2016, the following individual, Juan R. Andrade (TX), has satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 64271; 79 FR 2748; 80 FR 80443). The driver was included in the following docket: Docket No. FMCSA-2013- 0167. The exemption is effective as of January 9, 2016 and will expire on January 9, 2018. As of January 15, 2016, the following 15 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 64271; 79 FR 2748; 80 FR 80443): Ronald C. Ashley (GA) Miguel A. Calderon (CA) Terry L. Cliffe (IL) Andrew S. Durward (IL) James P. Fitzgerald (MA) Louis E. Henry, Jr. (KY) Adam S. Larson (CO) Sally A. Leavitt (NV) Glenn H. Lewis (OH) Leonardo Lopez (NE) Larry P. Magrath (MN) Richard J. Pauxtis (OR) Johnny L. Powell (MD) Roy A. Whitaker (TX) Sammy D. Wynn (GA) The drivers were included in one of the following dockets: Docket No. FMCSA-2013-0167. Their exemptions are effective as of January 15, 2016 and will expire on January 15, 2018. As of January 24, 2016, the following 7 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 64164; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR 3547; 79 FR 2247; 80 FR 80443): Adam O. Carson (MS) Marion J. Coleman, Jr. (KY) Lex A. Fabrizio (UT) Mark A. Ferris (IA) Roger W. Hammack (AL) Herman Martinez (NM) Gilford J. Whittle (GA) The drivers were included in one of the following dockets: Docket No. FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299. Their exemptions are effective as of January 24, 2016 and will expire on January 24, 2018. As of January 27, 2016, the following 13 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 66286; 66 FR 13825; 68 FR 10300; 68 FR 37197; 68 FR 52811; 68 FR 61860; 70 FR 41811; 70 FR 48797; 70 FR 48798; 70 FR 48799; 70 FR 48800; 70 FR 48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 71 FR 4632; 72 FR 52422; 72 FR 58359; 72 FR 62897; 73 FR 1395; 73 FR 5259; 74 FR 60021; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR 78475; 80 FR 80443): [[Page 39100]] Arthur L. Bousema (CA) Norman E. Braden (CO) Matthew W. Daggs (MO) Donald R. Date, Jr. (MD) Gordon R. Fritz (WI) Ronald K. Fultz (KY) John E. Kimmet, Jr. (WA) Robert C. Leathers (MO) Jason L. Light (ID) Kenneth R. Murphy (WA) Michael J. Richard (LA) Robert E. Sanders (PA) Robert A. Sherry (PA) The drivers were included in one of the following dockets: Docket No. FMCSA-2000-7918; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005- 21711; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions are effective as of January 27, 2016 and will expire on January 27, 2018. As of January 28, 2016, the following 9 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (74 FR 60022; 75 FR 4623; 77 FR 543; 78 FR 76707; 80 FR 80443): James J. Coffield (NM) Roy E. Crayne (WA) James A. Dubay (MI) Donald E. Halvorson (NM) Roger D. Kool (IA) Phillip J.C. Locke (CO) Brian T. Nelson (MN) Christopher M. Rivera (NM) Robert E. Whitney (IL) The drivers were included in one of the following dockets: Docket No. FMCSA-2009-0303. Their exemptions are effective as of January 28, 2016 and will expire on January 28, 2018. As of January 29, 2016, the following 21 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 67454; 79 FR 4803; 80 FR 80443): Calvin J. Barbour (NY) Martin D. Bellcour (WI) Walter A. Breeze (OH) Donald G. Carstensen (IA) Jamie D. Daniels (IA) Mark A. Farnsley (IN) Michael L. Fiamingo (PA) Kenric J. Fields (DE) Randall Hjelmtveit (MN) Randy G. Kinney (IL) Hector Marquez (TX) Dennis R. Martinez (NM) Fred A. Miller, Jr. (CA) Joseph K. Parley (WI) Robert L. Pearson (GA) Ryan R. Ross (SC) Troy M. Ruhlman (PA) Hershel D. Volentine (LA) Gary D. Vollertsen (CO) David R. Webb, Jr. (IL) Wesley A. Willis (NJ) The drivers were included in one of the following dockets: Docket No. FMCSA-2013-0170. Their exemptions are effective as of January 29, 2016 and will expire on January 29, 2018. Each of these 120 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. V. Conditions and Requirements 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. VI. Conclusion Based upon its evaluation of the 120 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked 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 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: June 7, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-14141 Filed 6-14-16; 8:45 am] BILLING CODE 4910-EX-P
![39098 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices
published a notice of intent to issue a ACTION: Notice of final disposition. Room W12–140 on the ground level of
waiver on its Web site (http:// the West Building, 1200 New Jersey
www.fhwa.dot.gov/construction/ SUMMARY: FMCSA announces its Avenue SE., Washington, DC, between 9
contracts/waivers.cfm?id=120) on decision to renew the exemptions from a.m. and 5 p.m., Monday through
March 22nd. The FHWA received no the vision requirement in the Federal Friday, except Federal holidays. The
comments in response to the Motor Carrier Safety Regulations for 120 Federal Docket Management System
publication. The truss members were individuals. FMCSA has statutory (FDMS) is available 24 hours each day,
part of U.S. 40 Historic Bridge (Bridge authority to exempt individuals from 365 days each year. If you want
#J0526) that was dismantled as a part of the vision requirement if the acknowledgment that we received your
the I–70 project currently under exemptions granted will not comments, please include a self-
construction. The steel trusses will be compromise safety. The Agency has addressed, stamped envelope or
re-used in the construction of a concluded that granting these postcard or print the acknowledgement
pedestrian bridge over the Little Blue exemption renewals will provide a level page that appears after submitting
River in Grandview, MO as part of the of safety that is equivalent to or greater comments on-line.
Longview Lake Trail. Based on all the than the level of safety maintained Privacy Act: In accordance with 5
information available to the Agency, without the exemptions for these U.S.C. 553(c), DOT solicits comments
FHWA concludes that it is in the public commercial motor vehicle (CMV) from the public to better inform its
interest to re-use the historical US 40 drivers. rulemaking process. DOT posts these
steel bridge truss members for DATES: Each group of renewed comments, without edit, including any
construction of a bicycle and pedestrian exemptions are effective from the dates personal information the commenter
bridge over Little Blue River in stated in the discussions below. provides, to www.regulations.gov, as
Grandview, MO. FOR FURTHER INFORMATION CONTACT: described in the system of records
In accordance with the provisions of Christine A. Hydock, Chief, Medical notice (DOT/ALL–14 FDMS), which can
section 117 of the SAFETEA–LU Programs Division, 202–366–4001, be reviewed at www.dot.gov/privacy.
Technical Corrections Act of 2008 (Pub. fmcsamedical@dot.gov, FMCSA,
L. 110–244), FHWA is providing this II. Background
Department of Transportation, 1200
notice that a waiver of Buy America New Jersey Avenue SE., Room W64– On December 24, 2015, FMCSA
requirements is appropriate. The FHWA 224, Washington, DC 20590–0001. published a notice of intent to renew the
invites public comment on this finding Office hours are from 8:30 a.m. to 5 p.m. exemptions of drivers who have
for an additional 15 days following the Monday through Friday, except Federal previously held exemptions, and
effective date of the finding. Comments holidays. requested comments from the public (80
may be submitted to FHWA’s Web site FR 80443). The 120 individuals have
SUPPLEMENTARY INFORMATION:
via the link provided to the waiver page held exemptions from the vision
noted above. I. Electronic Access requirement in 49 CFR 391.41(b)(10) for
Authority: 23 U.S.C. 313; Pub. L. 110–161, You may submit comments using the drivers who operate CMVs in interstate
23 CFR 635.410. following Federal Docket Management commerce.
Issued on: June 1, 2016. System (FDMS) Docket Nos. discussed Under 49 U.S.C. 31136(e) and 31315,
Gregory G. Nadeau, in this notice using any of the following FMCSA may renew an exemption from
Administrator, Federal Highway methods: the vision requirements in 49 CFR
Administration. • Federal eRulemaking Portal: Go to 391.41(b)(10), which applies to drivers
[FR Doc. 2016–14142 Filed 6–14–16; 8:45 am] http://www.regulations.gov. Follow the of CMVs in interstate commerce, for a
BILLING CODE 4910–22–P
on-line instructions for submitting two-year period if it finds ‘‘such
comments. exemption would likely achieve a level
• Mail: Docket Management Facility; of safety that is equivalent to or greater
DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation, 1200 than the level that would be achieved
New Jersey Avenue SE., West Building absent such exemption.’’ The
Federal Motor Carrier Safety Ground Floor, Room W12–140, procedures for requesting an exemption
Administration Washington, DC 20590–0001. (including renewals) are set out in 49
[Docket No. FMCSA–1999–6156; FMCSA– • Hand Delivery: West Building CFR part 381.
2000–7918; FMCSA–2001–10578; FMCSA– Ground Floor, Room W12–140, 1200 III. Request for Comments
2003–15268; FMCSA–2003–15892; FMCSA– New Jersey Avenue SE., Washington,
2005–21711; FMCSA–2005–22194; FMCSA– DC, between 9 a.m. and 5 p.m., Monday Interested parties or organizations
2005–22727; FMCSA–2006–24783; FMCSA– through Friday, except Federal possessing information that would
2006–25246; FMCSA–2007–0017; FMCSA– Holidays. otherwise show that any, or all, of these
2007–26653; FMCSA–2007–27897; FMCSA– • Fax: 1–202–493–2251. drivers are not currently achieving the
2009–0154; FMCSA–2009–0303; FMCSA–
Instructions: Each submission must statutory level of safety should
2010–0082; FMCSA–2011–0142; FMCSA–
2011–0189; FMCSA–2011–0275; FMCSA– include the Agency name and the immediately notify FMCSA. The
2011–0298; FMCSA–2011–0299; FMCSA– docket numbers for this notice. Note Agency will evaluate any adverse
2011–26690; FMCSA–2013–0027; FMCSA– that all comments received will be evidence submitted and, if safety is
2013–0029; FMCSA–2013–0030; FMCSA– posted without change to http:// being compromised or if continuation of
2013–0165; FMCSA–2013–0166; FMCSA– www.regulations.gov, including any the exemption would not be consistent
ehiers on DSK5VPTVN1PROD with NOTICES
2013–0167; FMCSA–2013–0168; FMCSA– personal information provided. Please with the goals and objectives of 49
2013–0169; FMCSA–2013–0170] see the Privacy Act heading below for U.S.C. 31136(e) and 31315, FMCSA will
further information. take immediate steps to revoke the
Qualification of Drivers; Exemption
Docket: For access to the docket to exemption of a driver. FMCSA
Applications; Vision
read background documents or encourages you to participate by
AGENCY:Federal Motor Carrier Safety comments, go to http:// submitting comments and related
Administration (FMCSA), DOT. www.regulations.gov at any time or materials.
VerDate Sep<11>2014 15:15 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1](https://thefederalregister.org/doc/81_FR_39213/page/1.svg)
![39100 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices
Arthur L. Bousema (CA) FMCSA–2013–0170. Their exemptions not be consistent with the goals and
Norman E. Braden (CO) are effective as of January 29, 2016 and objectives of 49 U.S.C. 31136 and 31315.
Matthew W. Daggs (MO) will expire on January 29, 2018. If the exemption is still effective at the
Donald R. Date, Jr. (MD) Each of these 120 applicants has end of the 2-year period, the person may
Gordon R. Fritz (WI) requested renewal of the exemption and apply to FMCSA for a renewal under
Ronald K. Fultz (KY) has submitted evidence showing that procedures in effect at that time.
John E. Kimmet, Jr. (WA) the vision in the better eye continues to Issued on: June 7, 2016.
Robert C. Leathers (MO) meet the requirement specified at 49
Jason L. Light (ID) Larry W. Minor,
CFR 391.41(b)(10) and that the vision
Kenneth R. Murphy (WA) impairment is stable. In addition, a Associate Administrator for Policy.
Michael J. Richard (LA) review of each record of safety while [FR Doc. 2016–14141 Filed 6–14–16; 8:45 am]
Robert E. Sanders (PA) driving with the respective vision BILLING CODE 4910–EX–P
Robert A. Sherry (PA) deficiencies over the past two years
The drivers were included in one of indicates each applicant continues to
the following dockets: Docket No. meet the vision exemption DEPARTMENT OF TRANSPORTATION
FMCSA–2000–7918; FMCSA–2003– requirements.
15268; FMCSA–2003–15892; FMCSA– These factors provide an adequate Federal Motor Carrier Safety
2005–21711; FMCSA–2005–22194; basis for predicting each driver’s ability Administration
FMCSA–2005–22727. Their exemptions to continue to drive safely in interstate [Docket No. FMCSA–2015–0350]
are effective as of January 27, 2016 and commerce. Therefore, FMCSA
will expire on January 27, 2018. concludes that extending the exemption Qualification of Drivers; Exemption
As of January 28, 2016, the following for each renewal applicant for a period Applications; Vision
9 individuals have satisfied the of two years is likely to achieve a level AGENCY: Federal Motor Carrier Safety
conditions for obtaining a renewed of safety equal to that existing without Administration (FMCSA), DOT.
exemption from the vision requirements the exemption.
ACTION: Notice of final disposition.
(74 FR 60022; 75 FR 4623; 77 FR 543;
V. Conditions and Requirements
78 FR 76707; 80 FR 80443): SUMMARY: FMCSA announces its
James J. Coffield (NM) The exemptions are extended subject decision to exempt 30 individuals from
Roy E. Crayne (WA) to the following conditions: (1) That the vision requirement in the Federal
James A. Dubay (MI) each individual has a physical Motor Carrier Safety Regulations
Donald E. Halvorson (NM) examination every year (a) by an (FMCSRs). They are unable to meet the
Roger D. Kool (IA) ophthalmologist or optometrist who vision requirement in one eye for
Phillip J.C. Locke (CO) attests that the vision in the better eye various reasons. The exemptions will
Brian T. Nelson (MN) continues to meet the requirements in enable these individuals to operate
Christopher M. Rivera (NM) 49 CFR 391.41(b)(10), and (b) by a commercial motor vehicles (CMVs) in
Robert E. Whitney (IL) medical examiner who attests that the interstate commerce without meeting
The drivers were included in one of individual is otherwise physically the prescribed vision requirement in
the following dockets: Docket No. qualified under 49 CFR 391.41; (2) that one eye. The Agency has concluded that
FMCSA–2009–0303. Their exemptions each individual provides a copy of the granting these exemptions will provide
are effective as of January 28, 2016 and ophthalmologist’s or optometrist’s a level of safety that is equivalent to or
will expire on January 28, 2018. report to the medical examiner at the greater than the level of safety
As of January 29, 2016, the following time of the annual medical examination; maintained without the exemptions for
21 individuals have satisfied the and (3) that each individual provide a these CMV drivers.
conditions for obtaining a renewed copy of the annual medical certification
DATES: The exemptions were granted
exemption from the vision requirements to the employer for retention in the
driver’s qualification file and retains a April 16, 2016. The exemptions expire
(78 FR 67454; 79 FR 4803; 80 FR 80443):
copy of the certification on his/her on April 16, 2018.
Calvin J. Barbour (NY)
person while driving for presentation to FOR FURTHER INFORMATION CONTACT:
Martin D. Bellcour (WI)
a duly authorized Federal, State, or local Christine A. Hydock, Chief, Medical
Walter A. Breeze (OH)
Donald G. Carstensen (IA) enforcement official. Programs Division, (202) 366–4001,
Jamie D. Daniels (IA) fmcsamedical@dot.gov, FMCSA,
VI. Conclusion Department of Transportation, 1200
Mark A. Farnsley (IN)
Michael L. Fiamingo (PA) Based upon its evaluation of the 120 New Jersey Avenue SE., Room W64–
Kenric J. Fields (DE) exemption applications, FMCSA renews 113, Washington, DC 20590–0001.
Randall Hjelmtveit (MN) the exemptions of the aforementioned Office hours are 8:30 a.m. to 5 p.m., e.t.
Randy G. Kinney (IL) drivers from the vision requirement in Monday through Friday, except Federal
Hector Marquez (TX) 49 CFR 391.41(b)(10), subject to the holidays. If you have questions
Dennis R. Martinez (NM) requirements cited above (49 CFR regarding viewing or submitting
Fred A. Miller, Jr. (CA) 391.64(b)). material to the docket, contact Docket
Joseph K. Parley (WI) In accordance with 49 U.S.C. 31136(e) Services, telephone (202) 366–9826.
Robert L. Pearson (GA) and 31315, each exemption will be valid SUPPLEMENTARY INFORMATION:
Ryan R. Ross (SC) for 2 years unless revoked earlier by
I. Electronic Access
ehiers on DSK5VPTVN1PROD with NOTICES
Troy M. Ruhlman (PA) FMCSA. The exemption will be revoked
Hershel D. Volentine (LA) if: (1) The person fails to comply with You may see all the comments online
Gary D. Vollertsen (CO) the terms and conditions of the through the Federal Document
David R. Webb, Jr. (IL) exemption; (2) the exemption has Management System (FDMS) at http://
Wesley A. Willis (NJ) resulted in a lower level of safety than www.regulations.gov.
The drivers were included in one of was maintained before it was granted; or Docket: For access to the docket to
the following dockets: Docket No. (3) continuation of the exemption would read background documents or
VerDate Sep<11>2014 15:15 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1](https://thefederalregister.org/doc/81_FR_39213/page/3.svg)
Document Created: 2016-06-15 02:21:28
Document Modified: 2016-06-15 02:21:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | Each group of renewed exemptions are effective from the dates stated in the discussions below. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [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. | |
| FR Citation | 81 FR 39098 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR