81 FR 90050 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 239 (December 13, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 239 (December 13, 2016)
| Page Range | 90050-90052 | |
| FR Document | 2016-29833 |
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)] [Notices] [Pages 90050-90052] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29833] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-6156; FMCSA- 2001-9561; FMCSA-2001-11426; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA- 2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0154; FMCSA- 2009-0206; FMCSA-2009-0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA- 2010-0114; FMCSA-2011-0324; FMCSA-2011-0379; FMCSA-2012-0104; FMCSA- 2012-0106; FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA- 2014-0002; FMCSA-2014-0003; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA- 2014-0008] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 100 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 was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before January 12, 2017. 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. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-6156; FMCSA-2001-9561; FMCSA-2001-11426; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0324; FMCSA-2011-0379; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0008 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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 5p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) 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., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. 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. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years 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 two-year period. 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. The 100 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. 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 [[Page 90051]] 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. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 100 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (63 FR 66227; 64 FR 16520; 64 FR 27027; 64 FR 51568; 64 FR 54948; 65 FR 159; 66 FR 30502; 66 FR 41654; 66 FR 66969; 67 FR 10471; 67 FR 10475; 67 FR 17102; 67 FR 19798; 68 FR 44837; 68 FR 69432; 69 FR 8260; 69 FR 17267; 69 FR 19611; 70 FR 41811; 71 FR 644; 71 FR 6824; 71 FR 14566; 71 FR 14567; 71 FR 14568; 71 FR 19604; 71 FR 26601; 71 FR 30227; 71 FR 30228; 71 FR 32183; 71 FR 41310; 72 FR 52423; 73 FR 15254; 73 FR 15567; 73 FR 27014; 73 FR 27015; 73 FR 28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200; 73 FR 35201; 73 FR 36955; 73 FR 38497; 73 FR 38498; 73 FR 38499; 73 FR 42403; 73 FR 48273; 73 FR 48275; 74 FR 37299; 74 FR 43220; 74 FR 48344; 74 FR 57553; 74 FR 65842; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 25918; 75 FR 25919; 75 FR 27622; 75 FR 28682; 75 FR 34210; 75 FR 34211; 75 FR 34212; 75 FR 36778; 75 FR 36779; 75 FR 38602; 75 FR 39729; 75 FR 44051; 77 FR 7657; 77 10604; 77 FR 15184; 77 FR 17115; 77 FR 22059; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 36336; 77 FR 36338; 77 FR 38381; 77 FR 38384; 77 FR 38386; 77 FR 40945; 77 FR 40946; 77 FR 41879; 77 FR 44708; 77 FR 44946; 77 FR 46153; 77 FR 46795; 77 FR 51846; 77 FR 52391; 79 FR 10606; 79 FR 10619; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37842; 79 FR 37843; 79 FR 38659; 79 FR 38661; 79 FR 40945; 79 FR 41735; 79 FR 41737; 79 FR 41740; 79 FR 46153; 79 FR 47175; 79 FR 53514; 79 FR 56102). They have 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. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of August and are discussed below: As of August 1, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 21 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (64 FR 54948; 65 FR 159; 66 FR 41654; 66 FR 66969; 67 FR 10471; 67 FR 10475; 67 FR 17102; 67 FR 19798; 68 FR 44837; 68 FR 69432; 69 FR 8260; 69 FR 17267; 69 FR 19611; 70 FR 41811; 71 FR 644; 71 FR 6824; 71 FR 14568; 71 FR 19604; 71 FR 26601; 71 FR 30228; 71 FR 32183; 71 FR 41310; 72 FR 52423; 73 FR 15254; 73 FR 15567; 73 FR 27014; 73 FR 27015; 73 FR 36955; 73 FR 42403; 74 FR 43220; 74 FR 57553; 74 FR 65842; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 25918; 75 FR 27622; 75 FR 28682; 75 FR 36778; 75 FR 36779; 75 FR 38602; 75 FR 39729; 77 FR 7657; 77 10604; 77 FR 15184; 77 FR 17115; 77 FR 22059; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 36338; 77 FR 38384; 77 FR 38386; 77 FR 44946; 79 FR 10606; 79 FR 10619; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37842; 79 FR 37843; 79 FR 47175): Lloyd J. Botsford (MO) Brad T. Braegger (UT) Ronald D. Danberry (MN) Frank J. Faria (CA) Juneau Faulkner (GA) Curtis N. Fulbright (NC) Randy M. Garcia (NM) Dean D. Hawks (WI) Larry L. Jarvis (VA) Julian A. Mancha (TX) Randall L. Mathis (AL) Larry G. Nikkel (WA) Michael J. Rankin (OH) Justin T. Richman (IN) Kevin L. Routin (KY) Andrew W. Schollett (CO) Michael D. Singleton (IN) Roberto E. Soto (TX) Gary R. Thomas (OH) Barney J. Wade (MS) Wade W. Ward (WY) The drivers were included in one of the following dockets: Docket Nos. FMCSA-1999-6156; FMCSA-2001-9561; FMCSA-2001-11426; FMCSA-2006- 24015; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2009-0206; FMCSA-2009- 0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0324; FCMSA-2011- 0379; FMCSA-2012-0104; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014- 0006. Their exemptions are effective as of August 1, 2016 and will expire on August 1, 2018. As of August 6, 2016, 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 (64 FR 27027; 64 FR 51568; 71 FR 14566; 71 FR 30227; 73 FR 27014; 75 FR 25918; 75 FR 38602; 75 FR 39729; 77 FR 15184; 77 FR 27850; 77 FR 33017; 77 FR 36336; 77 FR 36338; 77 FR 40946; 77 FR 44708; 77 FR 46795; 79 FR 38661): William L. Martin (OR) Richard L. Miller (IN) Gerardus C. Molenaar (PA) James R. Morgan (MI) Lance C. Phares (NY) Willard L. Riggle (IN) Richard D. Tucker II (NC) Jay Turner (OH) The drivers were included in one of the following dockets: Docket No. FMCSA-1999-5578; FMCSA-2006-24015; FMCSA-2010-0082; FMCSA-2011- 0379; FMCSA-2012-0106; FMCSA-2012-0159. Their exemptions are effective as of August 6, 2016 and will expire on August 6, 2018. As of August 8, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 25 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 38659; 79 FR 53514): Jimmy A. Baker (TX) Frank B. Belenchia (TN) Ricky W. Bettes (TX) Antonio A. Calixto (MN) James W. Carter, Jr. (KS) Ronald G. Daniels (MO) Larry G. Davis (TN) Michael C. Doheny (CT) George P. Ford (NC) Todd M. Harguth (MN) Dennis W. Helgeson (MN) Ronnie L. Henry (KS) Johnny L. Irving (MS) Kevin L. Jones (SC) Keith A. Kelley (ME) David L. Miller (OH) Earl L. Mokma (MI) Donald L. Nisbet (WA) David Perkins (NY) Harry W. Root (MN) Paul W. Sorenson (UT) Randall H. Tempel (MT) Cory J. Tivnan (WA) Ricky W. Witt (IA) [[Page 90052]] John D. Woods (MI) The drivers were included on the following docket: Docket No. FMCSA-2014-0007. Their exemptions are effective as of August 8, 2016 and will expire on August 8, 2018. As of August 9, 2016, 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 (75 FR 34210; 75 FR 34211; 75 FR 34212; 75 FR 47888; 77 FR 40945; 79 FR 40945): Mark S. Berkheimer (PA) Rici W. Giesseman (OH) Michael A. Jabro (MI) Michael M. Martinez (NM) Buddy W. Myrick (TX) Alan J. Reynaldos (NJ) Charles L. Rill, Sr. (MD) Roger Sulfridge (KY) The drivers were included on the following docket: Docket No. FMCSA-2010-0114. Their exemptions are effective as of August 9, 2016 and will expire on August 9, 2018. As of August 18, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 32 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (63 FR 66227; 64 FR 16520; 71 FR 14567; 71 FR 30228; 73 FR 28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200; 73 FR 35201; 73 FR 38497; 38498; 73 FR 38499; 73 FR 48273; 73 FR 48275; 74 FR 37299; 74 FR 48344; 75 FR 25919; 75 FR 39729; 75 FR 44051; 77 FR 40946; 77 FR 46153; 79 FR 46153): Catarino Aispuro (OR) Gary R. Andersen (NE) Donald L. Carman (OH) Christopher R. Cone (GA) Walter O. Connelly (WA) Armando P. D'Angeli (PA) Henry L. Donvian (WV) Roger D. Elders (MI) James F. Epperson (IN) Lucious J. Erwin (TX) Riche Ford (CO) Kevin K. Friedel (NY) Steven G. Harter (OR) George F. Hernandez, Jr. (AZ) Andrew C. Kelly (WV) Jason W. King (MT) Billy J. Lewis (LA) Robert W. McMillian (MA) Richard A. Peterson (OR) Chad M. Quarles (AL) Carroll G. Quisenberry (KY) Ryan J. Reimann (WI) Jacob H. Riggle (OK) Brandon J. See (IA) Ricky L. Shepler (PA) LeTroy D. Sims (SC) John L. Stone (PA) Nils S. Thornberg (OR) Daniel W. Toppings (WV) Christopher R. Whitson (NC) Charles A. Winchell (OK) Aaron E. Wright (MI) The drivers were included on the following docket: Docket No. FMCSA-1999-4334; FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0154; FMCSA-2010-0082. Their exemptions are effective as of August 18, 2016 and will expire on August 18, 2018. As of August 19, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 2 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 41737; 79 FR 56102): Leamon V. Manchester (LA) Leverne F. Schilte, Jr. (OH) The drivers were included on the following docket: Docket No. FMCSA-2014-0008. Their exemptions are effective as of August 19, 2016 and will expire on August 19, 2018. As of August 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 2 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (77 FR 38381; 77 FR 51846; 79 FR 41740): Tyrane Harper (AL) Gregory S. Smith (AR) The drivers were included on the following docket: Docket No. FMCSA-2012-0160. Their exemptions are effective as of August 27, 2016 and will expire on August 27, 2018. As of August 29, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 2 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (77 FR 41879; 77 FR 52391; 79 FR 41735): Ricky W. Goins (TN) Clayton Schroeder (MN) The drivers were included on the following docket: Docket No. FMCSA-2012-0161. Their exemptions are effective as of August 29, 2016 and will expire on August 29, 2018. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (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 certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must 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) each driver must 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. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. IV. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 100 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 two years unless revoked earlier by FMCSA. Issued on: December 2, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-29833 Filed 12-12-16; 8:45 am] BILLING CODE 4910-EX-P
![90050 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
The drivers were included in one of discussions below. Comments must be Avenue SE., Washington, DC, between 9
the following dockets: Docket No. received on or before January 12, 2017. a.m. and 5 p.m., e.t., Monday through
FMCSA–2003–16564; FMCSA–2007– FOR FURTHER INFORMATION CONTACT: Ms. Friday, except Federal holidays. The
0071. Their exemptions are effective as Christine A. Hydock, Chief, Medical FDMS is available 24 hours each day,
of March 31, 2016 and will expire on Programs Division, 202–366–4001, 365 days each year. If you want
March 31, 2018. fmcsamedical@dot.gov, FMCSA, acknowledgment that we received your
In accordance with 49 U.S.C. 31315, Department of Transportation, 1200 comments, please include a self-
each exemption will be valid for two New Jersey Avenue SE., Room W64– addressed, stamped envelope or
years from the effective date unless 224, Washington, DC 20590–0001. postcard or print the acknowledgement
revoked earlier by FMCSA. The Office hours are from 8:30 a.m. to 5 page that appears after submitting
exemption will be revoked if the p.m., e.t., Monday through Friday, comments online.
following occurs: (1) The person fails to except Federal holidays. If you have Privacy Act: In accordance with 5
comply with the terms and conditions questions regarding viewing or U.S.C. 553(c), DOT solicits comments
of the exemption; (2) the exemption has submitting material to the docket, from the public to better inform its
resulted in a lower level of safety than contact Docket Services, telephone (202) rulemaking process. DOT posts these
was maintained prior to being granted; 366–9826. comments, without edit, including any
or (3) continuation of the exemption personal information the commenter
ADDRESSES: You may submit comments
would not be consistent with the goals provides, to http://www.regulations.gov,
bearing the Federal Docket Management as described in the system of records
and objectives of 49 U.S.C. 31136 and System (FDMS) Docket No. FMCSA–
31315. notice (DOT/ALL–14 FDMS), which can
1998–4334; FMCSA–1999–5578; be reviewed at http://www.dot.gov/
Issued on: December 2, 2016. FMCSA–1999–6156; FMCSA–2001– privacy.
Larry W. Minor, 9561; FMCSA–2001–11426; FMCSA–
Associate Administrator for Policy. 2006–24015; FMCSA–2006–24783; I. Background
[FR Doc. 2016–29826 Filed 12–12–16; 8:45 am] FMCSA–2008–0021; FMCSA–2008– Under 49 U.S.C. 31136(e) and 31315,
BILLING CODE 4910–EX–P
0106; FMCSA–2008–0174; FMCSA– FMCSA may grant an exemption for two
2009–0154; FMCSA–2009–0206; years if it finds ‘‘such exemption would
FMCSA–2009–0291; FMCSA–2010– likely achieve a level of safety that is
DEPARTMENT OF TRANSPORTATION 0050; FMCSA–2010–0082; FMCSA– equivalent to or greater than the level
2010–0114; FMCSA–2011–0324; that would be achieved absent such
Federal Motor Carrier Safety FMCSA–2011–0379; FMCSA–2012– exemption.’’ The statute also allows the
Administration 0104; FMCSA–2012–0106; FMCSA– Agency to renew exemptions at the end
2012–0159; FMCSA–2012–0160; of the two-year period.
[Docket No. FMCSA–1998–4334; FMCSA– FMCSA–2012–0161; FMCSA–2014– The physical qualification standard
1999–5578; FMCSA–1999–6156; FMCSA– 0002; FMCSA–2014–0003; FMCSA– for drivers regarding vision found in 49
2001–9561; FMCSA–2001–11426; FMCSA–
2006–24015; FMCSA–2006–24783; FMCSA–
2014–0006; FMCSA–2014–0007; CFR 391.41(b)(10) states that a person is
2008–0021; FMCSA–2008–0106; FMCSA– FMCSA–2014–0008 using any of the physically qualified to driver a CMV if
2008–0174; FMCSA–2009–0154; FMCSA– following methods: that person:
2009–0206; FMCSA–2009–0291; FMCSA– • Federal eRulemaking Portal: Go to Has distant visual acuity of at least 20/40
2010–0050; FMCSA–2010–0082; FMCSA– http://www.regulations.gov. Follow the (Snellen) in each eye without corrective
2010–0114; FMCSA–2011–0324; FMCSA– online instructions for submitting lenses or visual acuity separately corrected to
2011–0379; FMCSA–2012–0104; FMCSA– comments. 20/40 (Snellen) or better with corrective
2012–0106; FMCSA–2012–0159; FMCSA– • Mail: Docket Management Facility; lenses, distant binocular acuity of a least
2012–0160; FMCSA–2012–0161; FMCSA– U.S. Department of Transportation, 1200 20/40 (Snellen) in both eyes with or without
2014–0002; FMCSA–2014–0003; FMCSA– corrective lenses, field of vision of at least
New Jersey Avenue SE., West Building 70° in the horizontal meridian in each eye,
2014–0006; FMCSA–2014–0007; FMCSA–
2014–0008] Ground Floor, Room W12–140, and the ability to recognize the colors of
Washington, DC 20590–0001. traffic signals and devices showing red,
Qualification of Drivers; Exemption • Hand Delivery: West Building green, and amber.
Applications; Vision Ground Floor, Room W12–140, 1200 The 100 individuals listed in this
New Jersey Avenue SE., Washington, notice have requested renewal of their
AGENCY: Federal Motor Carrier Safety DC, between 9 a.m. and 5p.m., e.t., exemptions from the vision standard in
Administration (FMCSA), DOT. Monday through Friday, except Federal 49 CFR 391.41(b)(10), in accordance
ACTION: Notice of renewal of Holidays. with FMCSA procedures. Accordingly,
exemptions; request for comments. • Fax: 1–202–493–2251. FMCSA has evaluated these
Instructions: Each submission must applications for renewal on their merits
SUMMARY: FMCSA announces its include the Agency name and the and decided to extend each exemption
decision to renew exemptions for 100 docket number(s) for this notice. Note for a renewable two-year period.
individuals from the vision requirement that all comments received will be
in the Federal Motor Carrier Safety posted without change to http:// II. Request for Comments
Regulations (FMCSRs) for interstate www.regulations.gov, including any Interested parties or organizations
commercial motor vehicle (CMV) personal information provided. Please possessing information that would
drivers. The exemptions enable these
pmangrum on DSK3GDR082PROD with NOTICES
see the Privacy Act heading below for otherwise show that any, or all, of these
individuals to continue to operate CMVs further information. drivers are not currently achieving the
in interstate commerce without meeting Docket: For access to the docket to statutory level of safety should
the vision requirement in one eye. read background documents or immediately notify FMCSA. The
DATES: Each group of renewed comments, go to http:// Agency will evaluate any adverse
exemptions was effective on the dates www.regulations.gov at any time or evidence submitted and, if safety is
stated in the discussions below and will Room W12–140 on the ground level of being compromised or if continuation of
expire on the dates stated in the the West Building, 1200 New Jersey the exemption would not be consistent
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John D. Woods (MI) Nils S. Thornberg (OR) CFR 391.41; (2) each driver must
The drivers were included on the Daniel W. Toppings (WV) provide a copy of the ophthalmologist’s
following docket: Docket No. FMCSA– Christopher R. Whitson (NC) or optometrist’s report to the Medical
2014–0007. Their exemptions are Charles A. Winchell (OK) Examiner at the time of the annual
effective as of August 8, 2016 and will Aaron E. Wright (MI) medical examination; and (3) each
expire on August 8, 2018. The drivers were included on the driver must provide a copy of the
As of August 9, 2016, and in following docket: Docket No. FMCSA– annual medical certification to the
accordance with 49 U.S.C. 31136(e) and 1999–4334; FMCSA–2006–24015; employer for retention in the driver’s
31315, the following 8 individuals have FMCSA–2008–0106; FMCSA–2008– qualification file and retains a copy of
satisfied the conditions for obtaining a 0174; FMCSA–2009–0154; FMCSA– the certification on his/her person while
renewed exemption from the vision 2010–0082. Their exemptions are driving for presentation to a duly
requirements (75 FR 34210; 75 FR effective as of August 18, 2016 and will authorized Federal, State, or local
34211; 75 FR 34212; 75 FR 47888; 77 FR expire on August 18, 2018. enforcement official. The exemption
40945; 79 FR 40945): As of August 19, 2016, and in
will be rescinded if: (1) The person fails
Mark S. Berkheimer (PA) accordance with 49 U.S.C. 31136(e) and
to comply with the terms and
Rici W. Giesseman (OH) 31315, the following 2 individuals have
satisfied the conditions for obtaining a conditions of the exemption; (2) the
Michael A. Jabro (MI) exemption has resulted in a lower level
Michael M. Martinez (NM) renewed exemption from the vision
requirements (79 FR 41737; 79 FR of safety than was maintained before it
Buddy W. Myrick (TX)
56102): was granted; or (3) continuation of the
Alan J. Reynaldos (NJ)
Leamon V. Manchester (LA) exemption would not be consistent with
Charles L. Rill, Sr. (MD)
Roger Sulfridge (KY) Leverne F. Schilte, Jr. (OH) the goals and objectives of 49 U.S.C.
The drivers were included on the 31136(e) and 31315.
The drivers were included on the
following docket: Docket No. FMCSA– following docket: Docket No. FMCSA– IV. Preemption
2010–0114. Their exemptions are 2014–0008. Their exemptions are
effective as of August 9, 2016 and will effective as of August 19, 2016 and will During the period the exemption is in
expire on August 9, 2018. expire on August 19, 2018. effect, no State shall enforce any law or
As of August 18, 2016, and in As of August 27, 2016, and in regulation that conflicts with this
accordance with 49 U.S.C. 31136(e) and accordance with 49 U.S.C. 31136(e) and exemption with respect to a person
31315, the following 32 individuals 31315, the following 2 individuals have operating under the exemption.
have satisfied the conditions for satisfied the conditions for obtaining a
renewed exemption from the vision VI. Conclusion
obtaining a renewed exemption from the
vision requirements (63 FR 66227; 64 requirements (77 FR 38381; 77 FR
Based upon its evaluation of the 100
FR 16520; 71 FR 14567; 71 FR 30228; 51846; 79 FR 41740):
exemption applications, FMCSA renews
73 FR 28187; 73 FR 35195; 73 FR 35196; Tyrane Harper (AL) the exemptions of the aforementioned
73 FR 35197; 73 FR 35198; 73 FR 35199; Gregory S. Smith (AR)
drivers from the vision requirement in
73 FR 35200; 73 FR 35201; 73 FR 38497; The drivers were included on the
following docket: Docket No. FMCSA– 49 CFR 391.41(b)(10), subject to the
38498; 73 FR 38499; 73 FR 48273; 73 FR requirements cited above (49 CFR
48275; 74 FR 37299; 74 FR 48344; 75 FR 2012–0160. Their exemptions are
effective as of August 27, 2016 and will 391.64(b)). In accordance with 49 U.S.C.
25919; 75 FR 39729; 75 FR 44051; 77 FR
expire on August 27, 2018. 31136(e) and 31315, each exemption
40946; 77 FR 46153; 79 FR 46153):
As of August 29, 2016, and in will be valid for two years unless
Catarino Aispuro (OR) revoked earlier by FMCSA.
Gary R. Andersen (NE) accordance with 49 U.S.C. 31136(e) and
Donald L. Carman (OH) 31315, the following 2 individuals have Issued on: December 2, 2016.
Christopher R. Cone (GA) satisfied the conditions for obtaining a Larry W. Minor,
Walter O. Connelly (WA) renewed exemption from the vision
Associate Administrator for Policy.
Armando P. D’Angeli (PA) requirements (77 FR 41879; 77 FR
[FR Doc. 2016–29833 Filed 12–12–16; 8:45 am]
Henry L. Donvian (WV) 52391; 79 FR 41735):
BILLING CODE 4910–EX–P
Roger D. Elders (MI) Ricky W. Goins (TN)
James F. Epperson (IN) Clayton Schroeder (MN)
Lucious J. Erwin (TX) The drivers were included on the
Riche Ford (CO) following docket: Docket No. FMCSA–
Kevin K. Friedel (NY) 2012–0161. Their exemptions are
Steven G. Harter (OR) effective as of August 29, 2016 and will
George F. Hernandez, Jr. (AZ) expire on August 29, 2018.
Andrew C. Kelly (WV)
Conditions and Requirements
Jason W. King (MT)
Billy J. Lewis (LA) The exemptions are extended subject
Robert W. McMillian (MA) to the following conditions: (1) Each
Richard A. Peterson (OR) driver must undergo an annual physical
pmangrum on DSK3GDR082PROD with NOTICES
Chad M. Quarles (AL) examination (a) by an ophthalmologist
Carroll G. Quisenberry (KY) or optometrist who attests that the
Ryan J. Reimann (WI) vision in the better eye continues to
Jacob H. Riggle (OK) meet the requirements in 49 CFR
Brandon J. See (IA) 391.41(b)(10), and (b) by a certified
Ricky L. Shepler (PA) Medical Examiner, as defined by 49 CFR
LeTroy D. Sims (SC) 390.5, who attests that the driver is
John L. Stone (PA) otherwise physically qualified under 49
VerDate Sep<11>2014 15:08 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00161 Fmt 4703 Sfmt 9990 E:\FR\FM\13DEN1.SGM 13DEN1](https://thefederalregister.org/doc/81_FR_90289/page/3.svg)
Document Created: 2016-12-13 02:44:04
Document Modified: 2016-12-13 02:44:04
| 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 renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before January 12, 2017. | |
| 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. | |
| FR Citation | 81 FR 90050 |
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