81 FR 91239 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 242 (December 16, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 242 (December 16, 2016)
| Page Range | 91239-91242 | |
| FR Document | 2016-30286 |
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)] [Notices] [Pages 91239-91242] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30286] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA- 2002-12844; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004] 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 the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 131 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: Each group of renewed exemptions was effective from the dates stated in the discussions below. Comments must be received on or before January 17, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999- 6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-12844; FMCSA- [[Page 91240]] 2003-16564; FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004], using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.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 for this notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. 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 Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 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. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. Exemption Decision This notice addresses 131 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 131 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. Each individual is identified according to the renewal date. The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. 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. 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 for additional two year periods. The following group(s) of drivers will receive renewed exemptions effective in the month of May and are discussed below. As of May 7, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (69 FR 64806; 70 FR 2705; 71 FR 6826; 71 FR 19602; 72 FR 1054; 73 FR 11989; 74 FR 26464; 74 FR 60022; 75 FR 4623; 75 FR 13653; 76 FR 49528; 76 FR 61143; 76 FR 70212; 77 FR 543; 77 FR 5874; 77 FR 17107; 77 FR 17117; 78 FR 76707; 78 FR 77782; 79 FR 1908; 79 FR 10611; 79 FR 13085; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 18391; 79 FR 18392; 79 FR 22003; 79 FR 28588; 79 FR 29498): Stephan P. Adamczyk (ME) Otto J. Ammer, Jr. (PA) Alphonso A. Barco (SC) Teddy S. Bioni (PA) Darrell Canupp (MI) John A. Carroll, Jr. (AL) James A. Champion (WA) Larry Chinn (WI) Michael Gargano (FL) Ronald L. Walker (FL) Charles G. Warshun, Jr. (NY) The drivers were included in one of the following dockets: Docket Nos. FMCSA-2003-16241; FMCSA-2007-28695; FMCSA-2004-19477; FMCSA-2006- 23773; FMCSA-2009-0303; FMCSA-2011-0142; FMCSA-2011-0366; FMCSA-2013- 0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004. Their exemptions are effective as of May 7, 2016 and will expire on May 7, 2018. As of May 11, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 10 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (77 FR 15184; 77 FR 27850; 79 FR 21996): Robert L. Brauns (IA) Bobby R. Brooks (GA) Clifford W. Doran, Jr. (NC) Ryan C. Dugan (NY) Glenn C. Grimm (NJ) Charles J. Kennedy (OH) Richard A. Pucker (WI) John M. Riley (AL) Jeffery A. Sheets (AR) [[Page 91241]] Randy L. Stevens (GA) The drivers were included in one of the following dockets: Docket No. FMCSA-2001-0299; FMCSA-2011-0379; FMCSA-2011-0380. Their exemptions are effective as of May 11, 2016 and will expire on May 11, 2018. As of May 12, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 14 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (67 FR 68719; 68 FR 2629; 68 FR 74699; 69 FR 10503; 69 FR 71100; 70 FR 71884; 71 FR 4632; 71 FR 6826; 71 FR 6829; 71 FR 19602; 73 FR 5259; 73 FR 11989; 73 FR 15567; 73 FR 27015; 73 FR 76440; 75 FR 9480; 75 FR 13653; 75 FR 19674; 75 FR 22176; 77 FR 17109; 77 FR 23797; 77 FR 27845; 79 FR 23797): Leo G. Becker (KS) Stanley W. Davis (TX) Ray L. Emert (PA) John W. Forgy (ID) Julian R. Hall (TX) Neil W. Jennings (MO) Mark Meacham (NC) David A. Miller (NE) Paul D. Schnautz (TX) William T. Smiley (MD) Richard M. Smith (CO) Aaron S. Taylor (WI) William B. Thomas (SC) Michael J. Tisher (AK) The drivers were included in one of the following dockets: Docket No. FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2005-22727; FMCSA-2006- 23773; FMCSA-2008-0021; FMCSA-2011-0380. Their exemptions are effective as of May 12, 2016 and will expire on May 12, 2018. As of May 16, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 36 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 14571; 79 FR 28588): Luis A. Agudo (MN) Dmitriy D. Bayda (WA) Marvin J. Bensend, Jr. (MS) Cody W. Christian (OK) Michael T. Deaton (WI) Billy D. Devine (WA) James G. Donze (MO) Jeffrey D. Duncan (IN) Charles R. Early (IN) Dennis A. Feather (SC) Nicholas C. Georgen (IA) Robert E. Johnston, Jr. (WA) Gregory J. Kuhn (NE) David W. Leach (IL) Kerry M. Leeper (WA) Jason S. Logue (GA) David F. Martin (NJ) Martin L. Mayes (GA) Daniel A. McNabb, Jr. (KS) Phillip L. Mello (CA) Roberto C. Mendez (TX) Robert L. Murray (IL) Barry L. Pylant (GA) Steve W. Quenzer (SD) Bradley W. Reed (AL) Erik M. Rice (TX) Ricky D. Rostad (MN) Tatum R. Schmidt (IA) Harry J. Scholl (PA) Jacob A. Shaffer (PA) Thomas G. Smedema (WI) James S. Smith (AR) Thomas W. Smith (PA) Richard H. Solum (MN) Scott R. Sorensen (CA) Elston L. Taylor (VA) The drivers were included on the following docket: Docket No. FMCSA-2014-0003. Their exemptions are effective as of May 16, 2016 and will expire on May 16, 2018. As of May 21, 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 (70 FR 48797; 70 FR 61493; 73 FR 6246; 75 FR 9480; 75 FR 14656; 75 FR 19674; 75 FR 22176; 75 FR 28684; 77 FR 15184; 77 FR 23797; 77 FR 23800; 77 FR 27850; 79 FR 22000): David A. Brannon (FL) Steven R. Felks (TX) Herbert C. Hirsch (MO) Michael D. Kilgore (TX) Douglas L. Norman (NC) Carroll R. Rogers (CA) Wayne J. Savage (VA) Marion Tutt, Jr. (GA) The drivers were included in one of the following dockets: Docket No. FMCSA-2005-21711; FMCSA-2009-0011; FMCSA-2010-0050; FMCSA-2011- 0379. Their exemptions are effective as of May 21, 2016 and will expire on May 21, 2018. As of May 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 28 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 18392; 79 FR 29498): Britton J. Anderson (KS) James E. Baker (OH) Aaron D. Barnett (IA) Stanley R. Cap (SD) Michael T. Craddock (CA) Eric C. Dettrey (NJ) Timothy C. Dotson (MO) Roger L. Frazier (NC) Danny J. Goss (MO) James P. Griffin (WA) Dennis P. Hart (OR) Kyle C. Holschlag (IA) Michael T. Huso (MN) James D. Kessler (SD) Robin D. Kurtz (CT) Sherell J. Landry (TX) Ronald N. Lindgren (MN) Robert P. Malarkey, Sr. (NY) Michael L. Manning (MO) Rodney J. McMorran (IA) John L. Meese (MO) Thomas G. Ohlson (NY) Robert D. Reeder (MI) Craig Robinson (FL) Michael E. Schlachter (WY) Kenneth W. Sigl (WI) Elmer F. Winters (NC) Eugene T. Wolf (IA) The drivers were included in one of the following dockets: Docket No. FMCSA-2014-0004. Their exemptions are effective as of May 22, 2016 and will expire on May 22, 2018. As of May 25, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 18 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (64 FR 68195; 65 FR 20251; 67 FR 10471; 67 FR 17102; 67 FR 19798; 69 FR 17267; 69 FR 19611; 71 FR 4194; 71 FR 13450; 71 FR 14566; 71 FR 16410; 71 FR 19604; 71 FR 30227; 73 FR 27014; 75 FR 1835; 75 FR 9480; 75 FR 9482; 75 FR 22176; 75 FR 27622; 77 FR 10604; 77 FR 17108; 77 FR 20879; 77 FR 26816; 77 FR 31427): Dwight A. Bennett (MD) Juan Castanon (NM) Ronald Flanery (KY) Joshua G. Hansen (ID) Daniel W. Henderson (TN) Edward W. Hosier (MO) Craig T. Jorgensen (WI) Jose A. Lopez (CT) Earl E. Martin (VA) Brian E. Monaghan (IL) Joseph C. Powell (VA) Albert L. Remsburg, 3rd (MD) David L. Schachle (PA) Dennis R. Schneider (NM) Michael See (NY) Steven Simone (KS) Mark Sobczyk (WI) Frankie A. Wilborn (GA) The drivers were included in one of the following dockets: Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2005-23099; FMCSA-2006- 24015; FMCSA-2009-0011; FMCSA-2009-0321; FMCSA-2012-0039. Their exemptions are effective as of May 25, 2016 and will expire on May 25, 2018. As of May 30, 2016,, 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 (67 FR 15662; 67 FR 37907; 69 FR 26206; 71 FR 26602; 73 FR 27017; 75 FR 27621; 77 FR 27849): [[Page 91242]] Joe W. Brewer (SC) James W. Ellis, 4th (NJ) David A. Inman (IN) Lawrence C. Moody (NJ) Stanley W. Nunn (TN) Kevin R. Stoner (PA) The drivers were included in one of the following dockets: Docket No. FMCSA-2002-11714. Their exemptions are effective as of May 30, 2016 and will expire on May 30, 2018. Each of the 131 applicants listed in the groups above has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver's safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by January 17, 2017. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 131 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket numbers FMCSA-1999-6480; FMCSA- 2001-11426; FMCSA-2002-11714; FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: December 2, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-30286 Filed 12-15-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 91239
The FMCSA provides medical December 2014 report are included in Kevin Coulter (CA)
advisory criteria as recommendations the docket for this notice. John Dudar (CT)
for use by medical examiners in Timothy Godwin (NC)
Discussion of Public Comments
determining whether drivers with James Goslee (MD)
certain medical conditions and drivers On August 8, 2016, FMCSA published Richard Hacker (MD)
who have undergone certain procedures in a Federal Register Notice the names Kathryn Kosse (AZ)
and/or treatments should be certified to of 11 individuals seeking ICD Joseph Skrzyniarz (MI)
operate CMVs in interstate commerce in exemption and requested public Wylanne Deon Sanders (IL)
accordance with the various physical comment. The public comment period Issued on: December 8, 2016.
qualification standards in 49 CFR part closed on September 7, 2016. A total of
Larry W. Minor,
391, subpart E. The advisory criteria are 29 commenters responded to the notice.
Each of the comments was favorable Associate Administrator for Policy.
currently set out in Appendix A to 49
towards the applicants continuing to [FR Doc. 2016–30283 Filed 12–15–16; 8:45 am]
CFR part 391. The advisory criteria for
section 391.41(b)(4) provide, in part, drive CMV’s with ICD’s. Many BILLING CODE 4910–EX–P
that: commenters believed that the
individuals seeking exemptions were
The term ‘‘has no current clinical diagnosis safe drivers with safe professional work DEPARTMENT OF TRANSPORTATION
of’’ is specifically designed to encompass: ‘‘a
histories, and that their exemption
clinical diagnosis of’’ (1) a current Federal Motor Carrier Safety
request should be considered on an
cardiovascular condition, or (2) a Administration
cardiovascular condition which has not fully individual case basis based on merit.
stabilized regardless of the time limit. The Several commenters expressed that [Docket No. FMCSA–1999–6480; FMCSA–
individual driving records and 2001–11426; FMCSA–2002–11714; FMCSA–
term ‘‘known to be accompanied by’’ is
experience should be factors in allowing 2002–12844; FMCSA–2003–16564; FMCSA–
designed to include a clinical diagnosis of a
persons with ICD’s to operate CMVs. 2004–19477; FMCSA–2005–21711; FMCSA–
cardiovascular disease (1) which is 2005–22727; FMCSA–2005–23099; FMCSA–
accompanied by symptoms of syncope,
FMCSA’s Response 2006–23773; FMCSA–2006–24015; FMCSA–
dyspnea, collapse or congestive cardiac 2008–0021; FMCSA–2009–0011; FMCSA–
failure; and/or (2) which is likely to cause FMCSA acknowledges the 2009–0303; FMCSA–2009–0321; FMCSA–
syncope, dyspnea, collapse, or congestive commenters’ concerns. The Agency 2010–0050; FMCSA–2011–0142; FMCSA–
cardiac failure. reviews and considers each applicant’s 2011–0299; FMCSA–2011–0366; FMCSA–
It is the intent of the Federal Motor Carrier request individually. Based on the 2011–0379; FMCSA–2011–0380; FMCSA–
Safety Regulations to render unqualified, a available medical literature cited above, 2012–0039; FMCSA–2013–0174; FMCSA–
driver who has a current cardiovascular however, FMCSA believes that a driver 2014–0002; FMCSA–2014–0003; FMCSA–
disease which is accompanied by and/or with an ICD is at risk for incapacitation 2014–0004]
likely to cause symptoms of syncope, if the device discharges. This risk is
dyspnea, collapse, or congestive cardiac Qualification of Drivers; Exemption
combined with the risks associated with
failure. However, the subjective decision of Applications; Vision
whether the nature and severity of an
the underlying cardiovascular condition
individual’s condition will likely cause for which the ICD has been implanted AGENCY: Federal Motor Carrier Safety
symptoms of cardiovascular insufficiency is as a primary or secondary preventive Administration (FMCSA), DOT.
on an individual basis and qualification rests measure. ACTION: Notice of renewal of
with the medical examiner and the motor Conclusion exemptions; request for comments.
carrier.
FMCSA evaluated the 11 individual SUMMARY: FMCSA announces its
In the case of persons with ICDs, the exemption requests on their merits, decision to renew the exemptions from
underlying condition for which the ICD available data from Evidence Reports the vision requirement in the Federal
was implanted places the individual at and Medical Expert Panel opinions on Motor Carrier Safety Regulations for 131
high risk for syncope (a transient loss of the impact of ICDs on Commercial individuals. FMCSA has statutory
consciousness) or other unpredictable Motor Vehicle driving, and the public authority to exempt individuals from
events known to result in gradual or comments received. The Agency has the vision requirement if the
sudden incapacitation. ICDs may determined that the available medical exemptions granted will not
discharge, which could result in loss of literature and data does not support a compromise safety. The Agency has
ability to safely control a CMV. See the conclusion that granting these concluded that granting these
Evidence Report on ‘‘Cardiovascular exemptions would achieve a level of exemption renewals will provide a level
Disease and Commercial Motor Vehicle safety equivalent to or greater than the of safety that is equivalent to or greater
Driver Safety,’’ April 2007.2 A focused level of safety maintained without the than the level of safety maintained
research report entitled ‘‘Implantable exemptions. Each applicant has, prior to without the exemptions for these
Cardioverter Defibrillators and the this notice, received a letter of final commercial motor vehicle (CMV)
Impact of a Shock on a Patient When disposition on his/her exemption drivers.
Deployed,’’ completed for the FMCSA request. Those decision letters fully
in December 2014, indicates that the outlined the basis for the denial and DATES: Each group of renewed
available scientific data on persons with constitute final Agency action. The list exemptions was effective from the dates
ICDs and CMV driving does not support published today summarizes the stated in the discussions below.
Comments must be received on or
mstockstill on DSK3G9T082PROD with NOTICES
that persons with ICDs who operate Agency’s recent denials as required
CMVs are able to meet an equal or under 49 U.S.C. 31315(b)(4). before January 17, 2017.
greater level of safety and upholds the The following 11 applicants are ADDRESSES: You may submit comments
findings of the April 2007 report. Copies denied exemptions from the bearing the Federal Docket Management
of the April 2007 report and the cardiovascular standard. System (FDMS) numbers: Docket No.
Charles R. Allen (MI) [Docket No. FMCSA–1999–6480;
2 Now available at http://ntl.bts.gov/lib/30000/ William Blake (NH) FMCSA–2001–11426; FMCSA–2002–
30100/30123/Final_CVD_Evidence_Report_v2.pdf. Roosevelt Tyrone Brown (SC) 11714; FMCSA–2002–12844; FMCSA–
VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1](https://thefederalregister.org/doc/81_FR_91481/page/1.svg)
![91240 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
2003–16564; FMCSA–2004–19477; FOR FURTHER INFORMATION CONTACT: Ms. exemption would not be consistent with
FMCSA–2005–21711; FMCSA–2005– Christine A. Hydock, Chief, Medical the goals and objectives of 49 U.S.C.
22727; FMCSA–2005–23099; FMCSA– Programs Division, Medical Programs 31136(e) and 31315.
2006–23773; FMCSA–2006–24015; Division, 202–366–4001,
Basis for Renewing Exemptions
FMCSA–2008–0021; FMCSA–2009– fmcsamedical@dot.gov, FMCSA,
0011; FMCSA–2009–0303; FMCSA– Department of Transportation, 1200 Under 49 U.S.C. 31315(b)(1), an
2009–0321; FMCSA–2010–0050; New Jersey Avenue SE., Room W64– exemption may be granted for no longer
FMCSA–2011–0142; FMCSA–2011– 224, Washington, DC 20590–0001. than two years from its approval date
0299; FMCSA–2011–0366; FMCSA– Office hours are from 8:30 a.m. to 5 and may be renewed upon application
2011–0379; FMCSA–2011–0380; p.m., e.t., Monday through Friday, for additional two year periods. The
FMCSA–2012–0039; FMCSA–2013– except Federal holidays. following group(s) of drivers will
0174; FMCSA–2014–0002; FMCSA– SUPPLEMENTARY INFORMATION: receive renewed exemptions effective in
2014–0003; FMCSA–2014–0004], using the month of May and are discussed
any of the following methods: Background below.
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, As of May 7, 2016, and in accordance
http://www.regulations.gov. Follow the FMCSA may renew an exemption from with 49 U.S.C. 31136(e) and 31315, the
on-line instructions for submitting the vision requirements in 49 CFR following 11 individuals have satisfied
comments. 391.41(b)(10), which applies to drivers the conditions for obtaining a renewed
• Mail: Docket Management Facility; of CMVs in interstate commerce, for a exemption from the vision requirements
U.S. Department of Transportation, 1200 two-year period if it finds ‘‘such (69 FR 64806; 70 FR 2705; 71 FR 6826;
New Jersey Avenue SE., West Building exemption would likely achieve a level 71 FR 19602; 72 FR 1054; 73 FR 11989;
Ground Floor, Room W12–140, of safety that is equivalent to or greater 74 FR 26464; 74 FR 60022; 75 FR 4623;
Washington, DC 20590–0001. than the level that would be achieved 75 FR 13653; 76 FR 49528; 76 FR 61143;
• Hand Delivery or Courier: West absent such exemption.’’ The 76 FR 70212; 77 FR 543; 77 FR 5874; 77
Building Ground Floor, Room W12–140, procedures for requesting an exemption FR 17107; 77 FR 17117; 78 FR 76707;
1200 New Jersey Avenue SE., (including renewals) are set out in 49 78 FR 77782; 79 FR 1908; 79 FR 10611;
Washington, DC, between 9 a.m. and 5 CFR part 381. 79 FR 13085; 79 FR 14331; 79 FR 14333;
p.m., e.t., Monday through Friday, 79 FR 14571; 79 FR 18391; 79 FR 18392;
except Federal Holidays. Exemption Decision
79 FR 22003; 79 FR 28588; 79 FR
• Fax: 1–202–493–2251. This notice addresses 131 individuals 29498):
Instructions: Each submission must who have requested renewal of their
include the Agency name and the exemptions in accordance with FMCSA Stephan P. Adamczyk (ME)
docket number for this notice. Note that Otto J. Ammer, Jr. (PA)
procedures. FMCSA has evaluated these
DOT posts all comments received Alphonso A. Barco (SC)
131 applications for renewal on their
without change to http:// Teddy S. Bioni (PA)
merits and decided to extend each
www.regulations.gov, including any Darrell Canupp (MI)
exemption for a renewable two-year
personal information included in a John A. Carroll, Jr. (AL)
period. Each individual is identified
comment. Please see the Privacy Act James A. Champion (WA)
according to the renewal date.
heading below. The exemptions are extended subject Larry Chinn (WI)
Docket: For access to the docket to to the following conditions: (1) That Michael Gargano (FL)
read background documents or each individual has a physical Ronald L. Walker (FL)
comments, go to http:// examination every year (a) by an Charles G. Warshun, Jr. (NY)
www.regulations.gov at any time or ophthalmologist or optometrist who The drivers were included in one of
Room W12–140 on the ground level of attests that the vision in the better eye the following dockets: Docket Nos.
the West Building, 1200 New Jersey continues to meet the requirements in FMCSA–2003–16241; FMCSA–2007–
Avenue SE., Washington, DC, between 9 49 CFR 391.41(b)(10), and (b) by a 28695; FMCSA–2004–19477; FMCSA–
a.m. and 5 p.m., e.t., Monday through medical examiner who attests that the 2006–23773; FMCSA–2009–0303;
Friday, except Federal holidays. The individual is otherwise physically FMCSA–2011–0142; FMCSA–2011–
Federal Docket Management System qualified under 49 CFR 391.41; (2) that 0366; FMCSA–2013–0174; FMCSA–
(FDMS) is available 24 hours each day, each individual provides a copy of the 2014–0002; FMCSA–2014–0003;
365 days each year. If you want ophthalmologist’s or optometrist’s FMCSA–2014–0004. Their exemptions
acknowledgment that we received your report to the medical examiner at the are effective as of May 7, 2016 and will
comments, please include a self- time of the annual medical examination; expire on May 7, 2018.
addressed, stamped envelope or and (3) that each individual provide a As of May 11, 2016, and in
postcard or print the acknowledgement copy of the annual medical certification accordance with 49 U.S.C. 31136(e) and
page that appears after submitting to the employer for retention in the 31315, the following 10 individuals
comments on-line. driver’s qualification file and retains a have satisfied the conditions for
Privacy Act: Anyone may search the copy of the certification on his/her obtaining a renewed exemption from the
electronic form of all comments person while driving for presentation to vision requirements (77 FR 15184; 77
received into any of our dockets by the a duly authorized Federal, State, or local FR 27850; 79 FR 21996):
name of the individual submitting the enforcement official. Each exemption Robert L. Brauns (IA)
comment (or of the person signing the will be valid for two years unless Bobby R. Brooks (GA)
mstockstill on DSK3G9T082PROD with NOTICES
comment, if submitted on behalf of an rescinded earlier by FMCSA. The Clifford W. Doran, Jr. (NC)
association, business, labor union, etc.). exemption will be rescinded if: (1) The Ryan C. Dugan (NY)
You may review DOT’s Privacy Act person fails to comply with the terms Glenn C. Grimm (NJ)
Statement for the Federal Docket and conditions of the exemption; (2) the Charles J. Kennedy (OH)
Management System (FDMS) published exemption has resulted in a lower level Richard A. Pucker (WI)
in the Federal Register on January 17, of safety than was maintained before it John M. Riley (AL)
2008 (73 FR 3316). was granted; or (3) continuation of the Jeffery A. Sheets (AR)
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![91242 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
Joe W. Brewer (SC) requirements. That information is any time after the close of the comment
James W. Ellis, 4th (NJ) available by consulting the above cited period.
David A. Inman (IN) Federal Register publications.
Lawrence C. Moody (NJ) Viewing Comments and Documents
Interested parties or organizations
Stanley W. Nunn (TN) possessing information that would To view comments, as well as any
Kevin R. Stoner (PA) documents mentioned in this preamble,
otherwise show that any, or all, of these
The drivers were included in one of drivers are not currently achieving the go to http://www.regulations.gov and in
the following dockets: Docket No. statutory level of safety should the search box insert the docket number
FMCSA–2002–11714. Their exemptions immediately notify FMCSA. The FMCSA–1999–6480; FMCSA–2001–
are effective as of May 30, 2016 and will Agency will evaluate any adverse 11426; FMCSA–2002–11714; FMCSA–
expire on May 30, 2018. evidence submitted and, if safety is 2002–12844; FMCSA–2003–16564;
Each of the 131 applicants listed in FMCSA–2004–19477; FMCSA–2005–
being compromised or if continuation of
the groups above has requested renewal 21711; FMCSA–2005–22727; FMCSA–
the exemption would not be consistent
of the exemption and has submitted 2005–23099; FMCSA–2006–23773;
with the goals and objectives of 49
evidence showing that the vision in the FMCSA–2006–24015; FMCSA–2008–
U.S.C. 31136(e) and 31315, FMCSA will
better eye continues to meet the 0021; FMCSA–2009–0011; FMCSA–
take immediate steps to revoke the
requirement specified at 49 CFR 2009–0303; FMCSA–2009–0321;
exemption of a driver.
391.41(b)(10) and that the vision FMCSA–2010–0050; FMCSA–2011–
impairment is stable. In addition, a Submitting Comments 0142; FMCSA–2011–0299; FMCSA–
review of each record of safety while 2011–0366; FMCSA–2011–0379;
You may submit your comments and
driving with the respective vision FMCSA–2011–0380; FMCSA–2012–
material online or by fax, mail, or hand
deficiencies over the past two years 0039; FMCSA–2013–0174; FMCSA–
delivery, but please use only one of
indicates each applicant continues to 2014–0002; FMCSA–2014–0003;
these means. FMCSA recommends that
meet the vision exemption FMCSA–2014–0004 and click ‘‘Search.’’
you include your name and a mailing
requirements. Next, click ‘‘Open Docket Folder’’ and
These factors provide an adequate address, an email address, or a phone
number in the body of your document you will find all documents and
basis for predicting each driver’s ability comments related to this notice.
to continue to drive safely in interstate so that FMCSA can contact you if there
are questions regarding your Issued on: December 2, 2016.
commerce. Therefore, FMCSA
concludes that extending the exemption submission. Larry W. Minor,
for each renewal applicant for a period To submit your comment online, go to Associate Administrator for Policy.
of two years is likely to achieve a level http://www.regulations.gov and in the [FR Doc. 2016–30286 Filed 12–15–16; 8:45 am]
of safety equal to that existing without search box insert the docket numbers BILLING CODE 4910–EX–P
the exemption. FMCSA–1999–6480; FMCSA–2001–
11426; FMCSA–2002–11714; FMCSA–
Request for Comments 2002–12844; FMCSA–2003–16564; DEPARTMENT OF TRANSPORTATION
FMCSA will review comments FMCSA–2004–19477; FMCSA–2005–
received at any time concerning a 21711; FMCSA–2005–22727; FMCSA– Federal Motor Carrier Safety
particular driver’s safety record and 2005–23099; FMCSA–2006–23773; Administration
determine if the continuation of the FMCSA–2006–24015; FMCSA–2008– [Docket No. FMCSA–2006–24210; FMCSA–
exemption is consistent with the 0021; FMCSA–2009–0011; FMCSA– 2010–0162; FMCSA–2012–0162; FMCSA–
requirements at 49 U.S.C. 31136(e) and 2009–0303; FMCSA–2009–0321; 2012–0163; FMCSA–2014–0018]
31315. However, FMCSA requests that FMCSA–2010–0050; FMCSA–2011–
0142; FMCSA–2011–0299; FMCSA– Qualification of Drivers; Exemption
interested parties with specific data
2011–0366; FMCSA–2011–0379; Applications; Diabetes
concerning the safety records of these
drivers submit comments by January 17, FMCSA–2011–0380; FMCSA–2012– AGENCY: Federal Motor Carrier Safety
2017. 0039; FMCSA–2013–0174; FMCSA– Administration (FMCSA), DOT.
FMCSA believes that the 2014–0002; FMCSA–2014–0003; ACTION: Notice of renewal of
requirements for a renewal of an FMCSA–2014–0004 and click the search exemptions; request for comments.
exemption under 49 U.S.C. 31136(e) and button. When the new screen appears,
31315 can be satisfied by initially click on the blue ‘‘Comment Now!’’ SUMMARY: FMCSA announces its
granting the renewal and then button on the right hand side of the decision to renew the exemptions of 125
requesting and evaluating, if needed, page. On the new page, enter individuals from its rule prohibiting
subsequent comments submitted by information required including the persons with insulin-treated diabetes
interested parties. As indicated above, specific section of this document to mellitus (ITDM) from operating
the Agency previously published which each comment applies, and commercial motor vehicles (CMVs) in
notices of final disposition announcing provide a reason for each suggestion or interstate commerce. FMCSA has
its decision to exempt these 131 recommendation. If you submit your statutory authority to exempt
individuals from the vision requirement comments by mail or hand delivery, individuals from this rule if the
in 49 CFR 391.41(b)(10). The final submit them in an unbound format, no exemptions granted will not
decision to grant an exemption to each larger than 81⁄2 by 11 inches, suitable for compromise safety. The Agency has
of these individuals was made on the copying and electronic filing. If you concluded that granting these
mstockstill on DSK3G9T082PROD with NOTICES
merits of each case and made only after submit comments by mail and would exemption renewals will provide a level
careful consideration of the comments like to know that they reached the of safety that is equivalent to or greater
received to its notices of applications. facility, please enclose a stamped, self- than the level of safety maintained
The notices of applications stated in addressed postcard or envelope. without the exemptions for these CMV
detail the qualifications, experience, We will consider all comments and drivers.
and medical condition of each applicant material received during the comment DATES: Each group of renewed
for an exemption from the vision period. FMCSA may issue a final rule at exemptions are effective from the dates
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Document Created: 2018-02-14 09:07:35
Document Modified: 2018-02-14 09:07:35
| 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 from the dates stated in the discussions below. Comments must be received on or before January 17, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 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. | |
| FR Citation | 81 FR 91239 |
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