81_FR_84912 81 FR 84686 - Qualification of Drivers; Exemption Applications; Vision

81 FR 84686 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84686-84688
FR Document2016-28228

FMCSA confirms its decision to renew exemptions for 99 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84686-84688]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28228]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-
2002-11426; FMCSA-2003-14223; FMCSA-2003-15892; FMCSA-2003-16241; 
FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-29019; 
FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; 
FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276; FMCSA-2011-26690; 
FMCSA-2013-0022; FMCSA-2013-0166; FMCSA-2013-0169]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA confirms its decision to renew exemptions for 99 
individuals from the vision requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these individuals to continue to 
operate CMVs in interstate commerce without meeting the vision 
requirement in one eye.

DATES: Each group of renewed exemptions were effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

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 W64-224, 
Washington, DC 20590-0001. Office hours are from 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., e.t., 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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On November 2, 2015, FMCSA published a notice announcing its 
decision to renew exemptions for 99 individuals from the vision 
requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate 
commerce and requested comments from the public (80 FR 67481). The 
public comment period ended on December 2, 2015, and no comments were 
received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV 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.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

VI. Conclusion

    Based upon its evaluation of the 99 renewal exemption applications 
and comments received, FMCSA confirms its' decision to exempt the 
following drivers from the vision requirement in 49 CFR 391.41 (b)(10), 
subject to the requirements cited above:
    As of December 5, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (66 FR 
17743; 66 FR 33990; 68 FR 10301; 68 FR 19596; 68 FR 35772; 68 FR 52811; 
68 FR 61860; 70 FR 25878; 70 FR 33937; 70 FR 61165; 72 FR 32705; 72 FR 
46261; 72 FR 54972; 72 FR 58359; 72 FR 58362; 72 FR 67344; 74 FR 26461; 
74 FR 26464; 74 FR 34630; 74 FR 43217; 74 FR 53581; 74 FR 57551; 74 FR 
57553; 76 FR 25766; 76 FR 34135; 76 FR 37168; 76 FR 37885; 76 FR 54530; 
76 FR 64169; 76 FR 64171; 76 FR 66123; 76 FR 70212; 76 FR 75943; 78 FR 
12815; 78 FR 22602; 78 FR 62935; 78 FR 65032; 78 FR 68137; 78 FR 76395; 
78 FR 77782; 78 FR 78477; 80 FR 67481):

Daniel F. Albers (CA)
Keith Bell (FL)
Kevin G. Clem (SD)
David N. Cleveland (ME)
David J. Comeaux (LA)
Tommy R. Crouse (LA)
Albion C. Doe, Sr. (NH)
Mark D. Kraft (IL)
Rocky J. Lachney (LA)
Chase L. Larson (WA)
Herman G. Lovell (OR)
Danny C. Pope (IL)
James B. Prunty (WV)
Rick E. Smith (IL)
Robert E. Smith (CT)
Fred L. Stotts (OK)
Randell K. Tyler (AL)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-2001-9258; FMCSA-2003-14223; FMCSA-2003-15892; FMCSA-2007-
27897; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0206; FMCSA-2011-
0092; FMCSA-2011-26690; FMCSA-2013-0022; FMCSA-2013-0166. Their 
exemptions are effective as of December 5, 2015 and will expire on 
December 5, 2017.
    As of December 6, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have

[[Page 84687]]

satisfied the conditions for obtaining a renewed exemption from the 
vision requirements (70 FR 57353; 70 FR 72689; 72 FR 62897; 74 FR 
43217; 74 FR 57551; 74 FR 60021; 76 FR 70210; 78 FR 66099; 80 FR 
67481):

John E. Bell (AZ)
Henry L. Chastain (GA)
Thomas R. Crocker (SC)
Thomas C. Meadows (NC)
David A. Morris (TX)
Richard P. Stanley (MA)
Scott A. Tetter (IL)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2005-22194; FMCSA-2009-0206. Their exemptions are effective 
as of December 6, 2015, and will expire on December 6, 2017.
    As of December 13, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Bernard T. Gillette (PA), has 
satisfied the conditions for obtaining a renewed exemption from the 
vision requirements (78 FR 62935; 78 FR 76395; 80 FR 67481).
    This driver was included in the following docket: Docket No. FMCSA-
2013-0166. The exemption is effective as of December 13, 2015, and will 
expire on December 13, 2017.
    As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 8 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (78 FR 
62935; 78 FR 76395; 80 FR 67481):

Herbert R. Benner (ME)
Steven M. Hoover (IL)
Lewis J. Johnson (PA)
Michael E. Miles (IL)
Carlos A. Osollo (NM)
Henry D. Smith (NC)
Kolby W. Strickland (WA)
Cesar Villa (NM)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2013-0166. Their exemptions are effective as of December 17, 
2015, and will expire on December 17, 2017.
    As of December 22, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 5 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (72 FR 
58362; 72 FR 67344; 74 FR 57553; 76 FR 49528; 76 FR 61143; 76 FR 64164; 
76 FR 67248; 76 FR 70212; 76 FR 75940; 76 FR 79761; 78 FR 67460; 80 FR 
67481):

Frank E. Johnson, Jr. (FL)
Todd A. McBrain (OK)
Robert E. Morgan, Jr. (GA)
David M. Taylor (MO)
James D. Zimmer (OH)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2007-29019; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-
0276. Their exemptions are effective as of December 22, 2015, and will 
expire on December 22, 2017.
    As of December 24, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 38 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (78 FR 
64274; 78 FR 77778; 80 FR 67481):

Lawrence A. Angle (MO)
Ernest J. Bachman (PA)
Wayne Barker (OK)
Eugene R. Briggs (MI)
Matthew S. Burns (OH)
Ryan J. Burnworth (MO)
Michael D. Champion (VT)
Kevin J. Cobb (PA)
Lee A. DeHaan (SD)
Bradley R. Dishman (KY)
Matthew Eck (PA)
Christopher T. Faber (FL)
Gregory K. Frazier (GA)
John E. Gannon, Jr. (NV)
Thomas G. Gholston (MS)
David B. Jones (FL)
Thomas L. Kitchen (VA)
David G. Lamborn (ND)
Luther D. Long (GA)
George Malivuk (WI)
Stephen R. Marshall (MS)
Edgar H. Meraz (NM)
Chad A. Miller (IA)
William L. Paschall (MD)
Kerry R. Powers (IN)
Glennis R. Reynolds (KY)
Noel S. Robbins (PA)
Joseph Saladino (FL)
Raymond C. Schultz (OH)
Eugene D. Self, Jr.
James A. Shepard (NY)
Darren B. Shields (NV)
Roye T. Skelton (MS)
Mark P. Thiboutot (NH)
Robert Thomas (PA)
Herman D. Truewell (FL)
Donald L. Urmston (OH)
Janusz K. Wis (IL)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2013-0169. Their exemptions are effective as of December 24, 
2015 and will expire on December 24, 2017.
    As of December 27, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (64 FR 
27027; 64 FR 51568; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 
67 FR 19798; 68 FR 64944; 68 FR 69434; 69 FR 19611; 70 FR 48797; 70 FR 
53412; 70 FR 57353; 70 FR 61493; 70 FR 67776; 70 FR 72689; 70 FR 74102; 
72 FR 39879; 72 FR 52422; 74 FR 37295; 74 FR 48343; 74 FR 49069; 74 FR 
60021; 76 FR 75942; 78 FR 67452; 80 FR 67481):

Anthony Brandano (MA)
Stanley E. Elliott (UT)
Elmer E. Gockley (PA)
Danny R. Gray (OK)
Glenn T. Hehner (KY)
Vladmir M. Kats (NC)
Alfred Keehn (AZ)
Randall B. Laminack (TX)
Robert W. Lantis (MT)
Jerry J. Lord (PA)
Ronald S. Mallory (OK)
Eldon Miles (IN)
Neal A. Richard (LA)
Rene R. Trachsel (OR)
Stanley W. Tyler, Jr. (NC)
Kendle F. Waggle, Jr. (IN)
DeWayne Washington (NC)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-1999-5578; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2005-
21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2009-0154. Their 
exemptions are effective as of December 27, 2015, and will expire on 
December 27, 2017.
    As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 6 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (66 FR 
53826; 66 FR 66966; 68 FR 61857; 68 FR 69434; 68 FR 75715; 70 FR 74102; 
71 FR 646; 72 FR 71993; 72 FR 71998; 74 FR 65846; 76 FR 78729; 78 FR 
67454; 78 FR 67462; 79 FR 4803; 80 FR 67481):

Martiniano L. Espinosa (FL)
Dustin K. Heimbach (PA)
James G. LaBair (MI)
Lonnie Lomax, Jr. (IL)
Eugene C. Murphy (FL)
John H. Voigts (AZ)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2001-10578; FMCSA-2003-16241. Their exemptions are effective 
as of December 31, 2015, and will expire on December 31, 2017.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (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 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.


[[Page 84688]]


    Issued on: November 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-28228 Filed 11-22-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  84686                    Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

                                                  Daniel R. Violette (OR)                                 fmcsamedical@dot.gov, FMCSA,                          corrective lenses, field of vision of at least
                                                  Robert C. Williams (OR)                                 Department of Transportation, 1200                    70° in the horizontal meridian in each eye,
                                                  David W. Wiltrout (PA)                                  New Jersey Avenue SE., Room W64–                      and the ability to recognize the colors of
                                                                                                          224, Washington, DC 20590–0001.                       traffic signals and devices showing red,
                                                     In accordance with 49 U.S.C. 31136(e)                                                                      green, and amber.
                                                  and 31315 each exemption is valid for                   Office hours are from 8:30 a.m. to 5
                                                  two years unless revoked earlier by                     p.m., e.t., Monday through Friday,                    III. Discussion of Comments
                                                  FMCSA. The exemption will be revoked                    except Federal holidays. If you have                    FMCSA received no comments in this
                                                  if the following occurs: (1) the person                 questions regarding viewing or                        preceding.
                                                  fails to comply with the terms and                      submitting material to the docket,
                                                  conditions of the exemption; (2) the                    contact Docket Services, telephone (202)              VI. Conclusion
                                                  exemption has resulted in a lower level                 366–9826.                                                Based upon its evaluation of the 99
                                                  of safety than was maintained before it                 SUPPLEMENTARY INFORMATION:                            renewal exemption applications and
                                                  was granted; or (3) continuation of the                                                                       comments received, FMCSA confirms
                                                  exemption would not be consistent with                  I. Electronic Access
                                                                                                                                                                its’ decision to exempt the following
                                                  the goals and objectives of 49 U.S.C.                      You may see all the comments online                drivers from the vision requirement in
                                                  31136(e) and 31315. If the exemption is                 through the Federal Document                          49 CFR 391.41 (b)(10), subject to the
                                                  still effective at the end of the 2-year                Management System (FDMS) at: http://                  requirements cited above:
                                                  period, the person may apply to FMCSA                   www.regulations.gov.                                     As of December 5, 2015, and in
                                                  for a renewal under procedures in effect                   Docket: For access to the docket to                accordance with 49 U.S.C. 31136(e) and
                                                  at that time.                                           read background documents or                          31315, the following 17 individuals
                                                                                                          comments, go to http//                                have satisfied the conditions for
                                                    Issued on: November 16, 2016.
                                                                                                          www.regulations.gov and/or Room                       obtaining a renewed exemption from the
                                                  Larry W. Minor,                                         W12–140 on the ground level of the
                                                  Associate Administrator for Policy.                                                                           vision requirements (66 FR 17743; 66
                                                                                                          West Building, 1200 New Jersey Avenue                 FR 33990; 68 FR 10301; 68 FR 19596;
                                                  [FR Doc. 2016–28215 Filed 11–22–16; 8:45 am]            SE., Washington, DC, between 9 a.m.                   68 FR 35772; 68 FR 52811; 68 FR 61860;
                                                  BILLING CODE 4910–EX–P                                  and 5 p.m., e.t., Monday through Friday,              70 FR 25878; 70 FR 33937; 70 FR 61165;
                                                                                                          except Federal holidays.                              72 FR 32705; 72 FR 46261; 72 FR 54972;
                                                                                                             Privacy Act: In accordance with 5                  72 FR 58359; 72 FR 58362; 72 FR 67344;
                                                  DEPARTMENT OF TRANSPORTATION                            U.S.C. 553(c), DOT solicits comments                  74 FR 26461; 74 FR 26464; 74 FR 34630;
                                                                                                          from the public to better inform its                  74 FR 43217; 74 FR 53581; 74 FR 57551;
                                                  Federal Motor Carrier Safety                            rulemaking process. DOT posts these
                                                  Administration                                                                                                74 FR 57553; 76 FR 25766; 76 FR 34135;
                                                                                                          comments, without edit, including any                 76 FR 37168; 76 FR 37885; 76 FR 54530;
                                                  [Docket No. FMCSA–1999–5578; FMCSA–                     personal information the commenter                    76 FR 64169; 76 FR 64171; 76 FR 66123;
                                                  2001–9258; FMCSA–2001–10578; FMCSA–                     provides, to http://www.regulations.gov,              76 FR 70212; 76 FR 75943; 78 FR 12815;
                                                  2002–11426; FMCSA–2003–14223; FMCSA–                    as described in the system of records
                                                  2003–15892; FMCSA–2003–16241; FMCSA–                                                                          78 FR 22602; 78 FR 62935; 78 FR 65032;
                                                                                                          notice (DOT/ALL–14 FDMS), which can                   78 FR 68137; 78 FR 76395; 78 FR 77782;
                                                  2005–21711; FMCSA–2005–22194; FMCSA–                    be reviewed at http://www.dot.gov/
                                                  2007–27897; FMCSA–2007–29019; FMCSA–                                                                          78 FR 78477; 80 FR 67481):
                                                                                                          privacy.
                                                  2009–0121; FMCSA–2009–0154; FMCSA–                                                                            Daniel F. Albers (CA)
                                                  2009–0206; FMCSA–2011–0092; FMCSA–                      II. Background                                        Keith Bell (FL)
                                                  2011–0142; FMCSA–2011–0275; FMCSA–                                                                            Kevin G. Clem (SD)
                                                  2011–0276; FMCSA–2011–26690; FMCSA–                        On November 2, 2015, FMCSA
                                                                                                          published a notice announcing its                     David N. Cleveland (ME)
                                                  2013–0022; FMCSA–2013–0166; FMCSA–
                                                  2013–0169]                                              decision to renew exemptions for 99                   David J. Comeaux (LA)
                                                                                                          individuals from the vision requirement               Tommy R. Crouse (LA)
                                                  Qualification of Drivers; Exemption                     in 49 CFR 391.41(b)(10) to operate a                  Albion C. Doe, Sr. (NH)
                                                  Applications; Vision                                    CMV in interstate commerce and                        Mark D. Kraft (IL)
                                                                                                          requested comments from the public (80                Rocky J. Lachney (LA)
                                                  AGENCY: Federal Motor Carrier Safety                                                                          Chase L. Larson (WA)
                                                                                                          FR 67481). The public comment period
                                                  Administration (FMCSA), DOT.                                                                                  Herman G. Lovell (OR)
                                                                                                          ended on December 2, 2015, and no
                                                  ACTION: Notice of final disposition.                    comments were received.                               Danny C. Pope (IL)
                                                                                                             As stated in the previous notice,                  James B. Prunty (WV)
                                                  SUMMARY:   FMCSA confirms its decision                                                                        Rick E. Smith (IL)
                                                  to renew exemptions for 99 individuals                  FMCSA has evaluated the eligibility of
                                                                                                          these applicants and determined that                  Robert E. Smith (CT)
                                                  from the vision requirement in the                                                                            Fred L. Stotts (OK)
                                                  Federal Motor Carrier Safety                            renewing these exemptions would
                                                                                                                                                                Randell K. Tyler (AL)
                                                  Regulations (FMCSRs) for interstate                     achieve a level of safety equivalent to or
                                                                                                          greater than the level that would be                     The drivers were included in one of
                                                  commercial motor vehicle (CMV)                                                                                the following dockets: Docket Nos.
                                                  drivers. The exemptions enable these                    achieved by complying with the current
                                                                                                          regulation 49 CFR 391.41(b)(10).                      FMCSA–2001–9258; FMCSA–2003–
                                                  individuals to continue to operate CMVs                                                                       14223; FMCSA–2003–15892; FMCSA–
                                                                                                             The physical qualification standard
                                                  in interstate commerce without meeting                                                                        2007–27897; FMCSA–2007–29019;
                                                                                                          for drivers regarding vision found in 49
                                                  the vision requirement in one eye.                                                                            FMCSA–2009–0121; FMCSA–2009–
                                                                                                          CFR 391.41(b)(10) states that a person is
                                                  DATES: Each group of renewed                                                                                  0206; FMCSA–2011–0092; FMCSA–
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          physically qualified to driver a CMV if
                                                  exemptions were effective on the dates                  that person:                                          2011–26690; FMCSA–2013–0022;
                                                  stated in the discussions below and will                                                                      FMCSA–2013–0166. Their exemptions
                                                  expire on the dates stated in the                       Has distant visual acuity of at least 20/40
                                                                                                          (Snellen) in each eye without corrective              are effective as of December 5, 2015 and
                                                  discussions below.                                      lenses or visual acuity separately corrected to       will expire on December 5, 2017.
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    20/40 (Snellen) or better with corrective                As of December 6, 2015, and in
                                                  Christine A. Hydock, Chief, Medical                     lenses, distant binocular acuity of a least 20/       accordance with 49 U.S.C. 31136(e) and
                                                  Programs Division, 202–366–4001,                        40 (Snellen) in both eyes with or without             31315, the following 7 individuals have


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                                                                          Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices                                           84687

                                                  satisfied the conditions for obtaining a                FMCSA–2007–29019; FMCSA–2011–                         74 FR 60021; 76 FR 75942; 78 FR 67452;
                                                  renewed exemption from the vision                       0142; FMCSA–2011–0275; FMCSA–                         80 FR 67481):
                                                  requirements (70 FR 57353; 70 FR                        2011–0276. Their exemptions are                       Anthony Brandano (MA)
                                                  72689; 72 FR 62897; 74 FR 43217; 74 FR                  effective as of December 22, 2015, and                Stanley E. Elliott (UT)
                                                  57551; 74 FR 60021; 76 FR 70210; 78 FR                  will expire on December 22, 2017.
                                                                                                                                                                Elmer E. Gockley (PA)
                                                  66099; 80 FR 67481):                                       As of December 24, 2015, and in
                                                                                                          accordance with 49 U.S.C. 31136(e) and                Danny R. Gray (OK)
                                                  John E. Bell (AZ)
                                                  Henry L. Chastain (GA)                                  31315, the following 38 individuals                   Glenn T. Hehner (KY)
                                                  Thomas R. Crocker (SC)                                  have satisfied the conditions for                     Vladmir M. Kats (NC)
                                                  Thomas C. Meadows (NC)                                  obtaining a renewed exemption from the                Alfred Keehn (AZ)
                                                  David A. Morris (TX)                                    vision requirements (78 FR 64274; 78                  Randall B. Laminack (TX)
                                                  Richard P. Stanley (MA)                                 FR 77778; 80 FR 67481):                               Robert W. Lantis (MT)
                                                  Scott A. Tetter (IL)                                                                                          Jerry J. Lord (PA)
                                                                                                          Lawrence A. Angle (MO)
                                                    The drivers were included in one of                   Ernest J. Bachman (PA)                                Ronald S. Mallory (OK)
                                                  the following dockets: Docket No.                       Wayne Barker (OK)                                     Eldon Miles (IN)
                                                  FMCSA–2005–22194; FMCSA–2009–                           Eugene R. Briggs (MI)
                                                  0206. Their exemptions are effective as                                                                       Neal A. Richard (LA)
                                                                                                          Matthew S. Burns (OH)                                 Rene R. Trachsel (OR)
                                                  of December 6, 2015, and will expire on                 Ryan J. Burnworth (MO)
                                                  December 6, 2017.                                                                                             Stanley W. Tyler, Jr. (NC)
                                                                                                          Michael D. Champion (VT)
                                                    As of December 13, 2015, and in                                                                             Kendle F. Waggle, Jr. (IN)
                                                                                                          Kevin J. Cobb (PA)
                                                  accordance with 49 U.S.C. 31136(e) and                  Lee A. DeHaan (SD)                                    DeWayne Washington (NC)
                                                  31315, the following individual,                        Bradley R. Dishman (KY)                                 The drivers were included in one of
                                                  Bernard T. Gillette (PA), has satisfied                 Matthew Eck (PA)                                      the following dockets: Docket No.
                                                  the conditions for obtaining a renewed                  Christopher T. Faber (FL)                             FMCSA–1999–5578; FMCSA–2001–
                                                  exemption from the vision requirements                  Gregory K. Frazier (GA)                               10578; FMCSA–2002–11426; FMCSA–
                                                  (78 FR 62935; 78 FR 76395; 80 FR                        John E. Gannon, Jr. (NV)                              2005–21711; FMCSA–2005–22194;
                                                  67481).                                                 Thomas G. Gholston (MS)                               FMCSA–2007–27897; FMCSA–2009–
                                                    This driver was included in the                       David B. Jones (FL)                                   0154. Their exemptions are effective as
                                                  following docket: Docket No. FMCSA–                     Thomas L. Kitchen (VA)                                of December 27, 2015, and will expire
                                                  2013–0166. The exemption is effective                   David G. Lamborn (ND)                                 on December 27, 2017.
                                                  as of December 13, 2015, and will expire                Luther D. Long (GA)                                     As of December 31, 2015, and in
                                                  on December 13, 2017.                                   George Malivuk (WI)
                                                    As of December 17, 2015, and in                                                                             accordance with 49 U.S.C. 31136(e) and
                                                                                                          Stephen R. Marshall (MS)                              31315, the following 6 individuals have
                                                  accordance with 49 U.S.C. 31136(e) and
                                                                                                          Edgar H. Meraz (NM)                                   satisfied the conditions for obtaining a
                                                  31315, the following 8 individuals have
                                                                                                          Chad A. Miller (IA)                                   renewed exemption from the vision
                                                  satisfied the conditions for obtaining a
                                                                                                          William L. Paschall (MD)                              requirements (66 FR 53826; 66 FR
                                                  renewed exemption from the vision
                                                                                                          Kerry R. Powers (IN)                                  66966; 68 FR 61857; 68 FR 69434; 68 FR
                                                  requirements (78 FR 62935; 78 FR
                                                                                                          Glennis R. Reynolds (KY)                              75715; 70 FR 74102; 71 FR 646; 72 FR
                                                  76395; 80 FR 67481):
                                                                                                          Noel S. Robbins (PA)                                  71993; 72 FR 71998; 74 FR 65846; 76 FR
                                                  Herbert R. Benner (ME)                                  Joseph Saladino (FL)                                  78729; 78 FR 67454; 78 FR 67462; 79 FR
                                                  Steven M. Hoover (IL)                                   Raymond C. Schultz (OH)
                                                  Lewis J. Johnson (PA)                                                                                         4803; 80 FR 67481):
                                                  Michael E. Miles (IL)                                   Eugene D. Self, Jr.                                   Martiniano L. Espinosa (FL)
                                                  Carlos A. Osollo (NM)                                   James A. Shepard (NY)
                                                                                                                                                                Dustin K. Heimbach (PA)
                                                  Henry D. Smith (NC)                                     Darren B. Shields (NV)
                                                                                                          Roye T. Skelton (MS)                                  James G. LaBair (MI)
                                                  Kolby W. Strickland (WA)                                                                                      Lonnie Lomax, Jr. (IL)
                                                  Cesar Villa (NM)                                        Mark P. Thiboutot (NH)
                                                                                                          Robert Thomas (PA)                                    Eugene C. Murphy (FL)
                                                    The drivers were included in one of
                                                                                                          Herman D. Truewell (FL)                               John H. Voigts (AZ)
                                                  the following dockets: Docket No.
                                                  FMCSA–2013–0166. Their exemptions                       Donald L. Urmston (OH)                                  The drivers were included in one of
                                                  are effective as of December 17, 2015,                  Janusz K. Wis (IL)                                    the following dockets: Docket No.
                                                  and will expire on December 17, 2017.                      The drivers were included in one of                FMCSA–2001–10578; FMCSA–2003–
                                                    As of December 22, 2015, and in                       the following dockets: Docket No.                     16241. Their exemptions are effective as
                                                  accordance with 49 U.S.C. 31136(e) and                  FMCSA–2013–0169. Their exemptions                     of December 31, 2015, and will expire
                                                  31315, the following 5 individuals have                 are effective as of December 24, 2015                 on December 31, 2017.
                                                  satisfied the conditions for obtaining a                and will expire on December 24, 2017.                   In accordance with 49 U.S.C. 31315,
                                                  renewed exemption from the vision                          As of December 27, 2015, and in                    each exemption will be valid for two
                                                  requirements (72 FR 58362; 72 FR                        accordance with 49 U.S.C. 31136(e) and                years from the effective date unless
                                                  67344; 74 FR 57553; 76 FR 49528; 76 FR                  31315, the following 17 individuals                   revoked earlier by FMCSA. The
                                                  61143; 76 FR 64164; 76 FR 67248; 76 FR                  have satisfied the conditions for                     exemption will be revoked if the
                                                  70212; 76 FR 75940; 76 FR 79761; 78 FR                  obtaining a renewed exemption from the                following occurs: (1) The person fails to
                                                  67460; 80 FR 67481):                                    vision requirements (64 FR 27027; 64                  comply with the terms and conditions
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                                                  Frank E. Johnson, Jr. (FL)                              FR 51568; 66 FR 53826; 66 FR 63289;                   of the exemption; (2) the exemption has
                                                  Todd A. McBrain (OK)                                    66 FR 66966; 67 FR 10471; 67 FR 19798;                resulted in a lower level of safety than
                                                  Robert E. Morgan, Jr. (GA)                              68 FR 64944; 68 FR 69434; 69 FR 19611;                was maintained prior to being granted;
                                                  David M. Taylor (MO)                                    70 FR 48797; 70 FR 53412; 70 FR 57353;                or (3) continuation of the exemption
                                                  James D. Zimmer (OH)                                    70 FR 61493; 70 FR 67776; 70 FR 72689;                would not be consistent with the goals
                                                    The drivers were included in one of                   70 FR 74102; 72 FR 39879; 72 FR 52422;                and objectives of 49 U.S.C. 31136 and
                                                  the following dockets: Docket No.                       74 FR 37295; 74 FR 48343; 74 FR 49069;                31315.


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                                                  84688                    Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

                                                    Issued on: November 16, 2016.                         II. Background                                        diabetes management, and is on a stable
                                                  Larry W. Minor,                                            On August 8, 2016, FMCSA published                 insulin regimen. These drivers report no
                                                  Associate Administrator for Policy.                     a notice of receipt of Federal diabetes               other disqualifying conditions,
                                                  [FR Doc. 2016–28228 Filed 11–22–16; 8:45 am]            exemption applications from 46                        including diabetes-related
                                                  BILLING CODE 4910–EX–P                                  individuals and requested comments                    complications. Each meets the vision
                                                                                                          from the public (81 FR 52505. The                     requirement at 49 CFR 391.41(b)(10).
                                                                                                                                                                  The qualifications and medical
                                                                                                          public comment period closed on
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  condition of each applicant were stated
                                                                                                          September 7, 2016, and no comments
                                                                                                                                                                and discussed in detail in the August 8,
                                                                                                          were received.
                                                  Federal Motor Carrier Safety                               FMCSA has evaluated the eligibility                2016, Federal Register notice and they
                                                  Administration                                          of the 46 applicants and determined that              will not be repeated in this notice.
                                                                                                          granting the exemptions to these                      III. Discussion of Comments
                                                  [FMCSA Docket No. FMCSA–[2016–0218]                     individuals would achieve a level of                     FMCSA received no comments in this
                                                                                                          safety equivalent to or greater than the              proceeding.
                                                  Qualification of Drivers; Exemption                     level that would be achieved by
                                                  Applications; Diabetes Mellitus                         complying with the current regulation                 IV. Basis for Exemption Determination
                                                  AGENCY: Federal Motor Carrier Safety                    49 CFR 391.41(b)(3).                                     Under 49 U.S.C. 31136(e) and 31315,
                                                  Administration (FMCSA), DOT                             Diabetes Mellitus and Driving                         FMCSA may grant an exemption from
                                                  ACTION: Notice of final disposition.                    Experience of the Applicants                          the diabetes requirement in 49 CFR
                                                                                                                                                                391.41(b)(3) if the exemption is likely to
                                                  SUMMARY:   FMCSA confirms its decision                     The Agency established the current                 achieve an equivalent or greater level of
                                                  to exempt 46 individuals from its rule                  requirement for diabetes in 1970                      safety than would be achieved without
                                                  prohibiting persons with insulin-treated                because several risk studies indicated                the exemption. The exemption allows
                                                  diabetes mellitus (ITDM) from operating                 that drivers with diabetes had a higher               the applicants to operate CMVs in
                                                  commercial motor vehicles (CMVs) in                     rate of crash involvement than the                    interstate commerce.
                                                  interstate commerce. The exemptions                     general population. The diabetes rule                    To evaluate the effect of these
                                                  enable these individuals to operate                     provides that ‘‘A person is physically                exemptions on safety, FMCSA
                                                  CMVs in interstate commerce.                            qualified to drive a commercial motor                 considered medical reports about the
                                                                                                          vehicle if that person has no established             applicants’ ITDM and vision, and
                                                  DATES: The exemptions were effective
                                                                                                          medical history or clinical diagnosis of              reviewed the treating endocrinologists’
                                                  on September 8, 2016. The exemptions                    diabetes mellitus currently requiring
                                                  expire on September 8, 2018.                                                                                  medical opinion related to the ability of
                                                                                                          insulin for control’’ (49 CFR                         the driver to safely operate a CMV while
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    391.41(b)(3)).                                        using insulin.
                                                  Christine A. Hydock, Chief, Medical                        FMCSA established its diabetes                        Consequently, FMCSA finds that in
                                                  Programs Division, (202) 366–4001,                      exemption program, based on the                       each case exempting these applicants
                                                  fmcsamedical@dot.gov, FMCSA,                            Agency’s July 2000 study entitled ‘‘A                 from the diabetes requirement in 49 CFR
                                                  Department of Transportation, 1200                      Report to Congress on the Feasibility of              391.41(b)(3) is likely to achieve a level
                                                  New Jersey Avenue SE., Room W64–                        a Program to Qualify Individuals with                 of safety equal to that existing without
                                                  113, Washington, DC 20590–0001.                         Insulin-Treated Diabetes Mellitus to                  the exemption.
                                                  Office hours are from 8:30 a.m. to 5 p.m.               Operate in Interstate Commerce as
                                                  e.t., Monday through Friday, except                     Directed by the Transportation Act for                V. Conditions and Requirements
                                                  Federal holidays.                                       the 21st Century.’’ The report concluded                 The terms and conditions of the
                                                  SUPPLEMENTARY INFORMATION:                              that a safe and practicable protocol to               exemption will be provided to the
                                                                                                          allow some drivers with ITDM to                       applicants in the exemption document
                                                  I. Electronic Access                                                                                          and they include the following: (1) That
                                                                                                          operate CMVs is feasible. The
                                                     You may see all the comments online                  September 3, 2003 (68 FR 52441),                      each individual submit a quarterly
                                                  through the Federal Document                            Federal Register notice in conjunction                monitoring checklist completed by the
                                                  Management System (FDMS) at: http://                    with the November 8, 2005 (70 FR                      treating endocrinologist as well as an
                                                  www.regulations.gov.                                    67777), Federal Register notice provides              annual checklist with a comprehensive
                                                     Docket: For access to the docket to                  the current protocol for allowing such                medical evaluation; (2) that each
                                                  read background documents or                            drivers to operate CMVs in interstate                 individual reports within 2 business
                                                  comments, go to http://                                 commerce.                                             days of occurrence, all episodes of
                                                  www.regulations.gov and/or Room                            These 46 applicants have had ITDM                  severe hypoglycemia, significant
                                                  W12–140 on the ground level of the                      over a range of 1 to 24 years. These                  complications, or inability to manage
                                                  West Building, 1200 New Jersey Avenue                   applicants report no severe                           diabetes; also, any involvement in an
                                                  SE., Washington, DC, between 9 a.m.                     hypoglycemic reactions resulting in loss              accident or any other adverse event in
                                                  and 5 p.m., Monday through Friday,                      of consciousness or seizure, requiring                a CMV or personal vehicle, whether or
                                                  except Federal holidays.                                the assistance of another person, or                  not it is related to an episode of
                                                     Privacy Act: In accordance with 5                    resulting in impaired cognitive function              hypoglycemia; (3) that each individual
                                                  U.S.C. 553(c), DOT solicits comments                    that occurred without warning                         provide a copy of the ophthalmologist’s
                                                  from the public to better inform its                    symptoms, in the past 12 months and no                or optometrist’s report to the medical
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                                                  rulemaking process. DOT posts these                     recurrent (2 or more) severe                          examiner at the time of the annual
                                                  comments, without edit, including any                   hypoglycemic episodes in the past 5                   medical examination; and (4) that each
                                                  personal information the commenter                      years. In each case, an endocrinologist               individual provide a copy of the annual
                                                  provides, to www.regulations.gov, as                    verified that the driver has                          medical certification to the employer for
                                                  described in the system of records                      demonstrated a willingness to properly                retention in the driver’s qualification
                                                  notice (DOT/ALL–14 FDMS), which can                     monitor and manage his/her diabetes                   file, or keep a copy in his/her driver’s
                                                  be reviewed at www.dot.gov/privacy.                     mellitus, received education related to               qualification file if he/she is self-


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Document Created: 2016-11-23 05:30:30
Document Modified: 2016-11-23 05:30:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesEach group of renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
ContactMs. 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., 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 Citation81 FR 84686 

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