81 FR 66720 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66720-66722 | |
| FR Document | 2016-23363 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Notices] [Pages 66720-66722] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23363] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0028] 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 exempt 37 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions were granted July 18, 2016. The exemptions expire on July 19, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 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. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/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. 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 June 16, 2016, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (81 FR 39320). That notice listed 37 applicants' case histories. The 37 individuals applied for 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 grant an exemption 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.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 37 applications on their merits and made a determination to grant exemptions to each of them. III. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The 37 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, cataract, central serous chorioretinopathy, complete loss of vision, corneal scar, dense corneal scar, macular scar, macular telangiectasia, optic nerve damage, optic nerve hypoplasia, phthisis bulbi, prosthetic eye, ptosis, refractive amblyopia, retinal detachment, strabismic amblyopia, and vision loss. In most cases, their eye conditions were not recently developed. [[Page 66721]] Twenty-nine of the applicants were either born with their vision impairments or have had them since childhood. The 8 individuals that sustained their vision conditions as adults have had them for a range of 3 to 25 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor's opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors' opinions are supported by the applicants' possession of valid commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or non-CDL, these 37 drivers have been authorized to drive a CMV in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. They have driven CMVs with their limited vision in careers ranging for 3 to 39 years. In the past three years, no drivers were involved in crashes and 4 drivers were convicted of moving violations in a CMV. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the June 16, 2016, notice (81 FR 39320). IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, our analysis focuses on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting him or her to driving in intrastate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered the medical reports about the applicants' vision as well as their driving records and experience with the vision deficiency. To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA-1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrate the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors--such as age, sex, geographic location, mileage driven and conviction history--are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ``Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,'' Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 37 applicants, no drivers were involved in crashes, and 4 drivers were convicted of moving violations in a CMV. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants' ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants' intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 37 applicants listed in the notice of June 16, 2016 (81 FR 39320). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 37 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency's vision waiver program. [[Page 66722]] Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement 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 provide 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, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments FMCSA received 3 comments in this proceeding. Patience Agbodzie, a medical examiner from Pennsylvania, stated she finds the publication to be very informative and is interested to learn who will or will not receive an exemption. Blake Ishizu stated he believes that drivers who meet the criteria for the exemption should be granted the exemption. Deb Carlson stated that the state of Minnesota has no concerns with granting exemptions to Joel Nundahl and Kenneth Erickson. IV. Conclusion Based upon its evaluation of the 37 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): Dennis J. Ameling (IA) Daniel A. Bahm (FL) John P. Brooks (IL) Joshua L. Cecotti (WA) Derrick L. Cowan (NC) Ryan E. Cox (WI) Ronald A. Donsbach (MT) Kenneth W. Erickson (MN) Anthony A. Gusa (MI) Pedro Guzman (TX) Bradley C. Helsel (OR) Titus E. Hostetler (MS) Darrell E. Hunter (NC) Charles R. Johnson (MN) Kenneth B. Julian (OK) Walter J. Jurczak (NJ) Keith Kebschull (IL) Jeffrey N. Lake (IL) Jayme M. Leonard (VT) Christopher E. Madsen (IA) James K. Matthey (PA) Brian D. McClanahan (IL) Mark Mitchell (MI) Joel E. Nundahl (MN) Kent A. Perry (WY) Richard C. Powers (TX) Mario A. Quezada (TX) Guadalupe Reyes (FL) J.B. Rodriguez Mata (TX) Joseph Sais (NM) John M. Sexton (CA) Blaine R. Sherfinski (WA) Chad M. Smith (IA) Corey L. Spring (AR) Leslie D. Wallace (MO) James C. Wechsler (OR) Danny A. Wright (IN) 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: September 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23363 Filed 9-27-16; 8:45 am] BILLING CODE 4910-EX-P
![66720 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
Federal, State, or local enforcement DEPARTMENT OF TRANSPORTATION provides, to www.regulations.gov, as
official. described in the system of records
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can
V. Discussion of Comments Administration be reviewed at www.dot.gov/privacy.
FMCSA received one comment in this [Docket No. FMCSA–2016–0028] II. Background
proceeding. An anonymous commenter
favored granting the exemptions. Qualification of Drivers; Exemption On June 16, 2016, FMCSA published
Applications; Vision a notice of receipt of exemption
VI. Conclusion applications from certain individuals,
Based upon its evaluation of the 25 AGENCY: Federal Motor Carrier Safety and requested comments from the
Administration (FMCSA), DOT. public (81 FR 39320). That notice listed
exemption applications, FMCSA
ACTION: Notice of final disposition. 37 applicants’ case histories. The 37
exempts the following drivers from the
individuals applied for exemptions from
vision requirement in 49 CFR
SUMMARY: FMCSA announces its the vision requirement in 49 CFR
391.41(b)(10), subject to the
decision to exempt 37 individuals from 391.41(b)(10), for drivers who operate
requirements cited above (49 CFR
the vision requirement in the Federal CMVs in interstate commerce.
391.64(b)): Under 49 U.S.C. 31136(e) and 31315,
Motor Carrier Safety Regulations
Stanley W. Ahne (OK) (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2-
Marvin D. Bass (KY) vision requirement in one eye for year period if it finds ‘‘such exemption
Daniel L. Castonguay (ME) various reasons. The exemptions will would likely achieve a level of safety
enable these individuals to operate that is equivalent to or greater than the
William A. Crandall, Jr. (NY) level that would be achieved absent
commercial motor vehicles (CMVs) in
James T. Curtis (NM) interstate commerce without meeting such exemption.’’ The statute also
Jacob M. Dellinger (NC) the prescribed vision requirement in allows the Agency to renew exemptions
Mark E. Dow (VT) one eye. The Agency has concluded that at the end of the 2-year period.
Richard R. Filion (VT) granting these exemptions will provide Accordingly, FMCSA has evaluated the
a level of safety that is equivalent to or 37 applications on their merits and
Louis J. Floquet Jr. (CA)
greater than the level of safety made a determination to grant
Joshua V. Harrison (NJ) exemptions to each of them.
maintained without the exemptions for
Jason G. Joyner (KS) these CMV drivers. III. Vision and Driving Experience of
Thomas M. Kaley, Jr. (PA) DATES: The exemptions were granted the Applicants
William J. Krysinski (MN) July 18, 2016. The exemptions expire on
The vision requirement in the
Bradley K. Linde (IA) July 19, 2018.
FMCSRs provides:
Pedro Martinez (NM) FOR FURTHER INFORMATION CONTACT: Ms. A person is physically qualified to
Ty N. Mason (PA) Christine A. Hydock, Chief, Medical drive a commercial motor vehicle if that
Ralph A. Milliman (IL) Programs Division, (202) 366–4001, person has distant visual acuity of at
fmcsamedical@dot.gov, FMCSA, least 20/40 (Snellen) in each eye
Donald A. Orloski (PA) Department of Transportation, 1200 without corrective lenses or visual
Alan R. Piroso (NH) New Jersey Avenue SE., Room W64– acuity separately corrected to 20/40
Juan C. Ramirez (OH) 113, Washington, DC 20590–0001. (Snellen) or better with corrective
Erik J. Rowland (NY) Office hours are 8:30 a.m. to 5 p.m., e.t., lenses, distant binocular acuity of a least
Colby T. Smith (UT) Monday through Friday, except Federal 20/40 (Snellen) in both eyes with or
holidays. If you have questions without corrective lenses, field of vision
Carl J. Warnecke (OH)
regarding viewing or submitting of at least 70° in the horizontal meridian
Edwin E. West (MO) material to the docket, contact Docket in each eye, and the ability to recognize
Donald E. Wojtaszek Services, telephone (202) 366–9826. the colors of traffic signals and devices
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR
and 31315, each exemption will be valid 391.41(b)(10)).
I. Electronic Access FMCSA recognizes that some drivers
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked You may see all the comments online do not meet the vision requirement but
if: (1) The person fails to comply with through the Federal Document have adapted their driving to
the terms and conditions of the Management System (FDMS) at http:// accommodate their limitation and
exemption; (2) the exemption has www.regulations.gov. demonstrated their ability to drive
resulted in a lower level of safety than Docket: For access to the docket to safely. The 37 exemption applicants
was maintained before it was granted; or read background documents or listed in this notice are in this category.
(3) continuation of the exemption would comments, go to http:// They are unable to meet the vision
not be consistent with the goals and www.regulations.gov and/or Room requirement in one eye for various
objectives of 49 U.S.C. 31136 and 31315. W12–140 on the ground level of the reasons, including amblyopia, cataract,
If the exemption is still effective at the West Building, 1200 New Jersey Avenue central serous chorioretinopathy,
end of the 2-year period, the person may SE., Washington, DC, between 9 a.m. complete loss of vision, corneal scar,
and 5 p.m., Monday through Friday, dense corneal scar, macular scar,
mstockstill on DSK3G9T082PROD with NOTICES
apply to FMCSA for a renewal under
procedures in effect at that time. except Federal holidays. macular telangiectasia, optic nerve
Privacy Act: In accordance with 5 damage, optic nerve hypoplasia,
Issued on: September 15, 2016. U.S.C. 553(c), DOT solicits comments phthisis bulbi, prosthetic eye, ptosis,
Larry W. Minor, from the public to better inform its refractive amblyopia, retinal
Associate Administrator for Policy. rulemaking process. DOT posts these detachment, strabismic amblyopia, and
[FR Doc. 2016–23361 Filed 9–27–16; 8:45 am] comments, without edit, including any vision loss. In most cases, their eye
BILLING CODE 4910–EX–P personal information the commenter conditions were not recently developed.
VerDate Sep<11>2014 18:04 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/81_FR_66908/page/1.svg)
![66722 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
Those requirements are found at 49 Christopher E. Madsen (IA) greater than the level of safety
CFR 391.64(b) and include the James K. Matthey (PA) maintained without the exemptions for
following: Brian D. McClanahan (IL) these CMV drivers.
(1) That each individual be physically Mark Mitchell (MI) DATES: The exemptions were granted
examined every year (a) by an Joel E. Nundahl (MN) July 29, 2016. The exemptions expire on
ophthalmologist or optometrist who Kent A. Perry (WY) July 29, 2018.
attests that the vision in the better eye Richard C. Powers (TX) FOR FURTHER INFORMATION CONTACT:
continues to meet the requirement in 49 Mario A. Quezada (TX) Christine A. Hydock, Chief, Medical
CFR 391.41(b)(10) and (b) by a medical Guadalupe Reyes (FL) Programs Division, (202) 366–4001,
examiner who attests that the individual J.B. Rodriguez Mata (TX) fmcsamedical@dot.gov, FMCSA,
is otherwise physically qualified under Joseph Sais (NM) Department of Transportation, 1200
49 CFR 391.41; (2) that each individual John M. Sexton (CA) New Jersey Avenue SE., Room W64–
provide a copy of the ophthalmologist’s Blaine R. Sherfinski (WA) 113, Washington, DC 20590–0001.
or optometrist’s report to the medical Chad M. Smith (IA) Office hours are 8:30 a.m. to 5 p.m., e.t.,
examiner at the time of the annual Corey L. Spring (AR) Monday through Friday, except Federal
medical examination; and (3) that each Leslie D. Wallace (MO) holidays. If you have questions
individual provide a copy of the annual James C. Wechsler (OR) regarding viewing or submitting
medical certification to the employer for Danny A. Wright (IN) material to the docket, contact Docket
retention in the driver’s qualification In accordance with 49 U.S.C. 31136(e) Services, telephone (202) 366–9826.
file, or keep a copy in his/her driver’s and 31315, each exemption will be valid SUPPLEMENTARY INFORMATION:
qualification file if he/she is self- for 2 years unless revoked earlier by
employed. The driver must have a copy FMCSA. The exemption will be revoked I. Electronic Access
of the certification when driving, for if: (1) The person fails to comply with You may see all the comments online
presentation to a duly authorized the terms and conditions of the through the Federal Document
Federal, State, or local enforcement exemption; (2) the exemption has Management System (FDMS) at http://
official. resulted in a lower level of safety than www.regulations.gov.
V. Discussion of Comments was maintained before it was granted; or Docket: For access to the docket to
(3) continuation of the exemption would read background documents or
FMCSA received 3 comments in this not be consistent with the goals and comments, go to http://
proceeding. Patience Agbodzie, a objectives of 49 U.S.C. 31136 and 31315. www.regulations.gov and/or Room
medical examiner from Pennsylvania, If the exemption is still effective at the W12–140 on the ground level of the
stated she finds the publication to be end of the 2-year period, the person may West Building, 1200 New Jersey Avenue
very informative and is interested to apply to FMCSA for a renewal under SE., Washington, DC, between 9 a.m.
learn who will or will not receive an procedures in effect at that time. and 5 p.m., Monday through Friday,
exemption. Blake Ishizu stated he
Issued on: September 19, 2016. except Federal holidays.
believes that drivers who meet the
Larry W. Minor, Privacy Act: In accordance with 5
criteria for the exemption should be
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments
granted the exemption. Deb Carlson
from the public to better inform its
stated that the state of Minnesota has no [FR Doc. 2016–23363 Filed 9–27–16; 8:45 am]
rulemaking process. DOT posts these
concerns with granting exemptions to BILLING CODE 4910–EX–P
comments, without edit, including any
Joel Nundahl and Kenneth Erickson.
personal information the commenter
IV. Conclusion DEPARTMENT OF TRANSPORTATION provides, to www.regulations.gov, as
Based upon its evaluation of the 37 described in the system of records
exemption applications, FMCSA Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can
exempts the following drivers from the Administration be reviewed at www.dot.gov/privacy.
vision requirement in 49 CFR [Docket No. FMCSA–2016–0029] II. Background
391.41(b)(10), subject to the
On June 28, 2016, FMCSA published
requirements cited above (49 CFR Qualification of Drivers; Exemption
a notice of receipt of exemption
391.64(b)): Applications; Vision
applications from certain individuals,
Dennis J. Ameling (IA) AGENCY: Federal Motor Carrier Safety and requested comments from the
Daniel A. Bahm (FL) public (81 FR 42054). That notice listed
Administration (FMCSA), DOT.
John P. Brooks (IL)
ACTION: Notice of final disposition. 23 applicants’ case histories. The 23
Joshua L. Cecotti (WA)
individuals applied for exemptions from
Derrick L. Cowan (NC)
Ryan E. Cox (WI) SUMMARY: FMCSA announces its the vision requirement in 49 CFR
Ronald A. Donsbach (MT) decision to exempt 23 individuals from 391.41(b)(10), for drivers who operate
Kenneth W. Erickson (MN) the vision requirement in the Federal CMVs in interstate commerce.
Anthony A. Gusa (MI) Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315,
Pedro Guzman (TX) (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2-
Bradley C. Helsel (OR) vision requirement in one eye for year period if it finds ‘‘such exemption
various reasons. The exemptions will would likely achieve a level of safety
mstockstill on DSK3G9T082PROD with NOTICES
Titus E. Hostetler (MS)
Darrell E. Hunter (NC) enable these individuals to operate that is equivalent to or greater than the
Charles R. Johnson (MN) commercial motor vehicles (CMVs) in level that would be achieved absent
Kenneth B. Julian (OK) interstate commerce without meeting such exemption.’’ The statute also
Walter J. Jurczak (NJ) the prescribed vision requirement in allows the Agency to renew exemptions
Keith Kebschull (IL) one eye. The Agency has concluded that at the end of the 2-year period.
Jeffrey N. Lake (IL) granting these exemptions will provide Accordingly, FMCSA has evaluated the
Jayme M. Leonard (VT) a level of safety that is equivalent to or 23 applications on their merits and
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Document Created: 2016-09-28 01:08:04
Document Modified: 2016-09-28 01:08:04
| 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 | The exemptions were granted July 18, 2016. The exemptions expire on July 19, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 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. | |
| FR Citation | 81 FR 66720 |
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