81_FR_96430 81 FR 96180 - Qualification of Drivers; Exemption Applications; Vision

81 FR 96180 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range96180-96183
FR Document2016-31555

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 75 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.

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96180-96183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31555]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-
2004-18885; FMCSA-2005-21254; FMCSA-2006-24783; FMCSA-2008-0106; FMCSA-
2008-0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2009-0219; FMCSA-
2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-
2010-0327; FMCSA-2011-0124; FMCSA-2011-0380; FMCSA-2012-0160; FMCSA-
2012-0214; FMCSA-2012-0215; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-
2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-
2014-0011; FMCSA-2014-0296; FMCSA-2014-0298]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
75 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 30, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: [Docket No. FMCSA-1998-3637; FMCSA-
2000-7006; FMCSA-2000-7363; FMCSA-2004-18885; FMCSA-2005-21254; FMCSA-
2006-24783; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-
2008-0292; FMCSA-2009-0219; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-
2010-0161; FMCSA-2010-0187; FMCSA-2010-0327; FMCSA-2011-0124; FMCSA-
2011-0380; FMCSA-2012-0160; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-
2012-0279; FMCSA-2012-0280; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-
2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-
2014-0298], 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

[[Page 96181]]

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 75 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 75 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 
December and are discussed below.
    As of December 3, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 31 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (65 FR 
20245; 65 FR 57230; 67 FR 57266; 69 FR 62741; 70 FR 30999; 70 FR 46567; 
71 FR 32183; 71 FR 41310; 71 FR 62147; 72 FR 40359; 73 FR 36955; 73 FR 
46973; 73 FR 51689; 73 FR 54888; 73 FR 63047; 73 FR 74565; 74 FR 65842; 
75 FR 9478; 75 FR 19674; 75 FR 25918; 75 FR 34211; 75 FR 36779; 75 FR 
39725; 75 FR 39729; 75 FR 47883; 75 FR 47888; 75 FR 52063; 75 FR 61833; 
75 FR 63257; 75 FR 64396; 75 FR 66423; 76 FR 34136; 76 FR 55463; 77 FR 
13689; 77 FR 17109; 77 FR 27845; 77 FR 29447; 77 FR 36338; 77 FR 38381; 
77 FR 40945; 77 FR 46793; 77 FR 51846; 77 FR 52381; 77 FR 52388; 77 FR 
56262; 77 FR 59245; 77 FR 60008; 77 FR 60010; 77 FR 64582; 77 FR 64841; 
77 FR 68199; 77 FR 71671; 79 FR 14331; 79 FR 14571; 79 FR 23797; 79 FR 
27681; 79 FR 28588; 79 FR 35212; 79 FR 35220; 79 FR 38649; 79 FR 38661; 
79 FR 40945; 79 FR 41740; 79 FR 47175; 79 FR 51643; 79 FR 56097; 79 FR 
56099; 79 FR 56104; 79 FR 58856; 79 FR 64001; 79 FR 65760; 79 FR 68199; 
79 FR 70928; 79 FR 72754):

Kerry L. Baxter (UT)
Robert S. Bowen (GA)
Jerry W. Brinson (GA)
John M. Brown (KY)
Jonathan E. Carriaga (NM)
Irvin L. Eaddy (SC)
Terry J. Edwards (MO)
Christopher K. Foot (NV)
Billy R. Gibbs (MD)
Harlan L. Gunter (VA)
Hazel L. Hopkins, Jr. (MD)
Ivaylo V. Kanchev (FL)
Christopher M. Keen (KS)
Tom A. McCarty (NM)
Robert L. McClain (MI)
Mark Meacham (NC)
Timothy L. Miller (IA)
Johnny Montemayor (TX)
William L. Moore (FL)
Christopher S. Morgan (LA)
Ray E. Myers II (MD)
Billy R. Oguynn (AL)
Neville E. Owens (NC)
Ronald W. Patten (ME)
John J. Pribanic (TX)
Benito Saldana (TX)
James D. St. Peter (NC)
Sherman L. Taylor (FL)
Max A. Thurman (IL)
Drake M. Vendsel (ND)
David L. Von Hagen (IA)

    The drivers were included in one of the following dockets: Docket 
Nos. FMCSA-2000-7006; FMCSA-2005-21254; FMCSA-2006-24783; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-0082; FMCSA-2010-
0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0124; FMCSA-2011-
0380; FMCSA-2012-0160; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-
0279; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-
0010; FMCSA-2014-0011; FMCSA-2014-0296. Their exemptions are effective 
as of December 3, 2016, and will expire on December 3, 2018.
    As of December 8, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (63 FR 
30285; 63 FR 54519; 65 FR 45817; 65 FR 77066; 65 FR 77069; 67 FR 71610; 
69 FR 53493; 69 FR 62742; 69 FR 64810; 71 FR 62148; 71 FR 66217; 73 FR 
35194; 73 FR 35199; 73 FR 48273; 73 FR 48275; 73 FR 61922; 73 FR 61925; 
73 FR 74565; 75 FR 52062; 75 FR 72868; 75 FR 77949; 77 FR 52389; 77 FR 
68202; 79 FR 65759):

Timothy S. Ballard (NC)
Stephen R. Daugherty (IN)
Ronald W. Garner (WA)
Nelson V. Jaramillo (MA)
Leslie A. Landschoot (NY)
Bruce T. Loughary (AR)
Kenny Y. Louie (CA)
Wayne R. Mantela (KY)
Carl M. McIntire (OH)
Bernice R. Parnell (NC)
Patrick W. Shea (MA)
Roy F. Varnado, Jr. (LA)
Michael J. Welle (MN)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-1998-3637; FMCSA-2000-7363; FMCSA-2004-18885; FMCSA-2008-
0106; FMCSA-2008-0292. Their exemptions are effective as of December 8, 
2016, and will expire on December 8, 2018.
    As of December 17, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have satisfied the conditions 
for obtaining a

[[Page 96182]]

renewed exemption from the vision requirements (73 FR 51689; 73 FR 
61922; 73 FR 63047; 73 FR 74563; 75 FR 65057; 75 FR 77590; 75 FR 77949; 
75 FR 79081; 77 FR 60008; 77 FR 68202; 77 FR 70537; 77 FR 71671):

Dale H. Dattler (NY)
Raymundo Flores (TX)
Benjamin P. Hall (NY)
John N. Lanning (CA)
Charles M. McDaris (GA)
Kevin L. Quastad (IA)
Frederick C. Schultz, Jr. (NY)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0327; FMCSA-2012-0279. 
Their exemptions are effective as of December 17, 2016, and will expire 
on December 17, 2018.
    As of December 20, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (77 FR 
64389; 77 FR 75494; 79 FR 73393):

Ronald J. Bergman (OH)
Noah E. Bowen (OH)
William J. Hall (WA)
Lawrence D. Malecha (MN)
Paul B. Overman (WA)
Jerry M. Puckett (OH)
Emin Toric (GA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2012-0280. Their exemptions are effective as of December 20, 
2016, and will expire on December 20, 2018.
    As of December 24, 2016, 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 (79 FR 
69985; 80 FR 8927):
Peter H. Bailey (MI)
Dewey E. Ballard, Jr. (SC)
Thurman T. Clayton (LA)
Tig G. Cornell (ID)
Jon R. Davidson (CO)
Edwin T. Condaldson (PA)
William W. R. Dunn (PA)
Timothy J. Fisher (FL)
Perry D. Hamilton (TN)
Keith C. Lendt (MN)
Richard B. McMaster (AR)
Joseph McTear (TX)
Martin Montanez (IL)
Lee A. Mosier (IA)
John W. Randels (CO)
Carl W. Russell (OK)
Daniel R. Thompson (PA)

    The drivers were included in one of the following dockets: Docket 
No. FMCSA-2014-0298. Their exemptions are effective as of December 25, 
2016, and will expire on December 25, 2018.
    Each of the 75 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 30, 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 75 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-1998-3637; FMCSA-
2000-7006; FMCSA-2000-7165; FMCSA-2000-8203; FMCSA-2001-10578; FMCSA-
2002-12294; FMCSA-2004-18885; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-
2008-0266; FMCSA-2010; FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-
7363; FMCSA-2004-18885; FMCSA-2005-21254; FMCSA-2006-24783; FMCSA-2008-
0106; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2009-
0219; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-
0187; FMCSA-2010-0327; FMCSA-2011-0124; FMCSA-2011-0380; FMCSA-2012-
0160; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-0279; FMCSA-2012-
0280; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-
0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2014-0298 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.

[[Page 96183]]

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-1998-3637; FMCSA-2000-7006; FMCSA-2000-7363; 
FMCSA-2004-18885; FMCSA-2005-21254; FMCSA-2006-24783; FMCSA-2008-0106; 
FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2009-0219; 
FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; 
FMCSA-2010-0327; FMCSA-2011-0124; FMCSA-2011-0380; FMCSA-2012-0160; 
FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-0279; FMCSA-2012-0280; 
FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; 
FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2014-0298 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: December 21, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31555 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    96180                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    the 2-year period allowed by 49 U.S.C.                  (3) continuation of the exemption would               2004–18885; FMCSA–2005–21254;
                                                    31136(e) and 31315 to the 12 applicants                 not be consistent with the goals and                  FMCSA–2006–24783; FMCSA–2008–
                                                    listed in the notice of October 11, 2016                objectives of 49 U.S.C. 31136 and 31315.              0106; FMCSA–2008–0231; FMCSA–
                                                    (81 FR 70251.                                             If the exemption is still effective at the          2008–0266; FMCSA–2008–0292;
                                                       We recognize that the vision of an                   end of the 2-year period, the person may              FMCSA–2009–0219; FMCSA–2010–
                                                    applicant may change and affect his/her                 apply to FMCSA for a renewal under                    0082; FMCSA–2010–0114; FMCSA–
                                                    ability to operate a CMV as safely as in                procedures in effect at that time.                    2010–0161; FMCSA–2010–0187;
                                                    the past. As a condition of the                           Issued on: December 15, 2016.                       FMCSA–2010–0327; FMCSA–2011–
                                                    exemption, therefore, FMCSA will                                                                              0124; FMCSA–2011–0380; FMCSA–
                                                                                                            Larry W. Minor,
                                                    impose requirements on the 12                                                                                 2012–0160; FMCSA–2012–0214;
                                                    individuals consistent with the                         Associate Administrator for Policy.                   FMCSA–2012–0215; FMCSA–2012–
                                                    grandfathering provisions applied to                    [FR Doc. 2016–31556 Filed 12–28–16; 8:45 am]          0279; FMCSA–2012–0280; FMCSA–
                                                    drivers who participated in the                         BILLING CODE 4910–EX–P                                2014–0003; FMCSA–2014–0005;
                                                    Agency’s vision waiver program.                                                                               FMCSA–2014–0006; FMCSA–2014–
                                                       Those requirements are found at 49                                                                         0010; FMCSA–2014–0011; FMCSA–
                                                    CFR 391.64(b) and include the                           DEPARTMENT OF TRANSPORTATION                          2014–0296; FMCSA–2014–0298], using
                                                    following: (1) That each individual be                                                                        any of the following methods:
                                                    physically examined every year (a) by                   Federal Motor Carrier Safety                            • Federal eRulemaking Portal: Go to
                                                    an ophthalmologist or optometrist who                   Administration                                        http://www.regulations.gov. Follow the
                                                    attests that the vision in the better eye               [Docket No. FMCSA–1998–3637; FMCSA–                   on-line instructions for submitting
                                                    continues to meet the requirement in 49                 2000–7006; FMCSA–2000–7363; FMCSA–                    comments.
                                                    CFR 391.41(b)(10) and (b) by a medical                  2004–18885; FMCSA–2005–21254; FMCSA–                    • Mail: Docket Management Facility;
                                                    examiner who attests that the individual                2006–24783; FMCSA–2008–0106; FMCSA–                   U.S. Department of Transportation, 1200
                                                    is otherwise physically qualified under                 2008–0231; FMCSA–2008–0266; FMCSA–                    New Jersey Avenue SE., West Building
                                                                                                            2008–0292; FMCSA–2009–0219; FMCSA–                    Ground Floor, Room W12–140,
                                                    49 CFR 391.41; (2) that each individual                 2010–0082; FMCSA–2010–0114; FMCSA–
                                                    provide a copy of the ophthalmologist’s                                                                       Washington, DC 20590–0001.
                                                                                                            2010–0161; FMCSA–2010–0187; FMCSA–
                                                    or optometrist’s report to the medical                  2010–0327; FMCSA–2011–0124; FMCSA–
                                                                                                                                                                    • Hand Delivery or Courier: West
                                                    examiner at the time of the annual                      2011–0380; FMCSA–2012–0160; FMCSA–                    Building Ground Floor, Room W12–140,
                                                    medical examination; and (3) that each                  2012–0214; FMCSA–2012–0215; FMCSA–                    1200 New Jersey Avenue SE.,
                                                    individual provide a copy of the annual                 2012–0279; FMCSA–2012–0280; FMCSA–                    Washington, DC, between 9 a.m. and 5
                                                    medical certification to the employer for               2014–0003; FMCSA–2014–0005; FMCSA–                    p.m., e.t., Monday through Friday,
                                                    retention in the driver’s qualification                 2014–0006; FMCSA–2014–0010; FMCSA–                    except Federal Holidays.
                                                    file, or keep a copy in his/her driver’s                2014–0011; FMCSA–2014–0296; FMCSA–                      • Fax: 1–202–493–2251.
                                                    qualification file if he/she is self-
                                                                                                            2014–0298]                                              Instructions: Each submission must
                                                    employed. The driver must have a copy                                                                         include the Agency name and the
                                                                                                            Qualification of Drivers; Exemption                   docket number for this notice. Note that
                                                    of the certification when driving, for                  Applications; Vision
                                                    presentation to a duly authorized                                                                             DOT posts all comments received
                                                    Federal, State, or local enforcement                    AGENCY: Federal Motor Carrier Safety                  without change to http://
                                                    official.                                               Administration (FMCSA), DOT.                          www.regulations.gov, including any
                                                                                                                                                                  personal information included in a
                                                    V. Discussion of Comments                               ACTION: Notice of renewal of
                                                                                                                                                                  comment. Please see the Privacy Act
                                                                                                            exemptions; request for comments.
                                                      FMCSA received no comments in this                                                                          heading below.
                                                    proceeding.                                             SUMMARY:   FMCSA announces its                          Docket: For access to the docket to
                                                                                                            decision to renew the exemptions from                 read background documents or
                                                    IV. Conclusion                                                                                                comments, go to http://
                                                                                                            the vision requirement in the Federal
                                                       Based upon its evaluation of the 12                  Motor Carrier Safety Regulations for 75               www.regulations.gov at any time or
                                                    exemption applications, FMCSA                           individuals. FMCSA has statutory                      Room W12–140 on the ground level of
                                                    exempts the following drivers from the                  authority to exempt individuals from                  the West Building, 1200 New Jersey
                                                    vision requirement in 49 CFR                            the vision requirement if the                         Avenue SE., Washington, DC, between 9
                                                    391.41(b)(10), subject to the                           exemptions granted will not                           a.m. and 5 p.m., e.t., Monday through
                                                    requirements cited above 49 CFR                         compromise safety. The Agency has                     Friday, except Federal holidays. The
                                                    391.64(b):                                              concluded that granting these                         Federal Docket Management System
                                                       Robert A. Andersen (CA), Daniel L.                   exemption renewals will provide a level               (FDMS) is available 24 hours each day,
                                                    Bawden (IL), Kelly L. Ewing (PA),                       of safety that is equivalent to or greater            365 days each year. If you want
                                                    Joseph G. Fischer (MO), Nylo K. Helberg                 than the level of safety maintained                   acknowledgment that we received your
                                                    (ND), J. Willard Keener (PA), Billy R.                  without the exemptions for these                      comments, please include a self-
                                                    McLaurin (DE), Jason R. Raml (SD),                      commercial motor vehicle (CMV)                        addressed, stamped envelope or
                                                    Alfred L. Robinson (AR), Jerry L. Smith                 drivers.                                              postcard or print the acknowledgement
                                                    (VA), Danny R. Tate (VA), Larry K.                                                                            page that appears after submitting
                                                    Zielinski (OR).                                         DATES:  Each group of renewed                         comments on-line.
                                                       In accordance with 49 U.S.C. 31136(e)                exemptions was effective from the dates                 Privacy Act: Anyone may search the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and 31315, each exemption will be valid                 stated in the discussions below.                      electronic form of all comments
                                                    for 2 years unless revoked earlier by                   Comments must be received on or                       received into any of our dockets by the
                                                    FMCSA. The exemption will be revoked                    before January 30, 2017.                              name of the individual submitting the
                                                    if: (1) The person fails to comply with                 ADDRESSES: You may submit comments                    comment (or of the person signing the
                                                    the terms and conditions of the                         bearing the Federal Docket Management                 comment, if submitted on behalf of an
                                                    exemption; (2) the exemption has                        System (FDMS) numbers: [Docket No.                    association, business, labor union, etc.).
                                                    resulted in a lower level of safety than                FMCSA–1998–3637; FMCSA–2000–                          You may review DOT’s Privacy Act
                                                    was maintained before it was granted; or                7006; FMCSA–2000–7363; FMCSA–                         Statement for the Federal Docket


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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                         96181

                                                    Management System (FDMS) published                      and conditions of the exemption; (2) the              Ray E. Myers II (MD)
                                                    in the Federal Register on January 17,                  exemption has resulted in a lower level               Billy R. Oguynn (AL)
                                                    2008 (73 FR 3316).                                      of safety than was maintained before it               Neville E. Owens (NC)
                                                    FOR FURTHER INFORMATION CONTACT: Ms.                    was granted; or (3) continuation of the               Ronald W. Patten (ME)
                                                    Christine A. Hydock, Chief, Medical                     exemption would not be consistent with                John J. Pribanic (TX)
                                                    Programs Division, Medical Programs                     the goals and objectives of 49 U.S.C.                 Benito Saldana (TX)
                                                    Division, 202–366–4001,                                 31136(e) and 31315.                                   James D. St. Peter (NC)
                                                    fmcsamedical@dot.gov, FMCSA,                                                                                  Sherman L. Taylor (FL)
                                                                                                            Basis for Renewing Exemptions                         Max A. Thurman (IL)
                                                    Department of Transportation, 1200
                                                    New Jersey Avenue SE., Room W64–                          Under 49 U.S.C. 31315(b)(1), an                     Drake M. Vendsel (ND)
                                                    224, Washington, DC 20590–0001.                         exemption may be granted for no longer                David L. Von Hagen (IA)
                                                    Office hours are from 8:30 a.m. to 5                    than two years from its approval date                    The drivers were included in one of
                                                    p.m., e.t., Monday through Friday,                      and may be renewed upon application                   the following dockets: Docket Nos.
                                                    except Federal holidays.                                for additional two year periods. The                  FMCSA–2000–7006; FMCSA–2005–
                                                                                                            following group(s) of drivers will                    21254; FMCSA–2006–24783; FMCSA–
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            receive renewed exemptions effective in               2008–0231; FMCSA–2008–0266;
                                                    Background                                              the month of December and are                         FMCSA–2009–0291; FMCSA–2010–
                                                                                                            discussed below.                                      0082; FMCSA–2010–0114; FMCSA–
                                                       Under 49 U.S.C. 31136(e) and 31315,
                                                                                                              As of December 3, 2016, and in                      2010–0161; FMCSA–2010–0187;
                                                    FMCSA may renew an exemption from
                                                                                                            accordance with 49 U.S.C. 31136(e) and                FMCSA–2011–0124; FMCSA–2011–
                                                    the vision requirements in 49 CFR
                                                                                                            31315, the following 31 individuals                   0380; FMCSA–2012–0160; FMCSA–
                                                    391.41(b)(10), which applies to drivers
                                                                                                            have satisfied the conditions for                     2012–0214; FMCSA–2012–0215;
                                                    of CMVs in interstate commerce, for a
                                                                                                            obtaining a renewed exemption from the                FMCSA–2012–0279; FMCSA–2014–
                                                    two-year period if it finds ‘‘such
                                                                                                            vision requirements (65 FR 20245; 65                  0003; FMCSA–2014–0005; FMCSA–
                                                    exemption would likely achieve a level
                                                                                                            FR 57230; 67 FR 57266; 69 FR 62741;                   2014–0006; FMCSA–2014–0010;
                                                    of safety that is equivalent to or greater
                                                                                                            70 FR 30999; 70 FR 46567; 71 FR 32183;                FMCSA–2014–0011; FMCSA–2014–
                                                    than the level that would be achieved
                                                                                                            71 FR 41310; 71 FR 62147; 72 FR 40359;                0296. Their exemptions are effective as
                                                    absent such exemption.’’ The
                                                                                                            73 FR 36955; 73 FR 46973; 73 FR 51689;                of December 3, 2016, and will expire on
                                                    procedures for requesting an exemption
                                                                                                            73 FR 54888; 73 FR 63047; 73 FR 74565;                December 3, 2018.
                                                    (including renewals) are set out in 49
                                                                                                            74 FR 65842; 75 FR 9478; 75 FR 19674;                    As of December 8, 2016, and in
                                                    CFR part 381.
                                                                                                            75 FR 25918; 75 FR 34211; 75 FR 36779;                accordance with 49 U.S.C. 31136(e) and
                                                    Exemption Decision                                      75 FR 39725; 75 FR 39729; 75 FR 47883;                31315, the following 13 individuals
                                                       This notice addresses 75 individuals                 75 FR 47888; 75 FR 52063; 75 FR 61833;                have satisfied the conditions for
                                                    who have requested renewal of their                     75 FR 63257; 75 FR 64396; 75 FR 66423;                obtaining a renewed exemption from the
                                                    exemptions in accordance with FMCSA                     76 FR 34136; 76 FR 55463; 77 FR 13689;                vision requirements (63 FR 30285; 63
                                                    procedures. FMCSA has evaluated these                   77 FR 17109; 77 FR 27845; 77 FR 29447;                FR 54519; 65 FR 45817; 65 FR 77066;
                                                    75 applications for renewal on their                    77 FR 36338; 77 FR 38381; 77 FR 40945;                65 FR 77069; 67 FR 71610; 69 FR 53493;
                                                    merits and decided to extend each                       77 FR 46793; 77 FR 51846; 77 FR 52381;                69 FR 62742; 69 FR 64810; 71 FR 62148;
                                                    exemption for a renewable two-year                      77 FR 52388; 77 FR 56262; 77 FR 59245;                71 FR 66217; 73 FR 35194; 73 FR 35199;
                                                    period. Each individual is identified                   77 FR 60008; 77 FR 60010; 77 FR 64582;                73 FR 48273; 73 FR 48275; 73 FR 61922;
                                                    according to the renewal date.                          77 FR 64841; 77 FR 68199; 77 FR 71671;                73 FR 61925; 73 FR 74565; 75 FR 52062;
                                                       The exemptions are extended subject                  79 FR 14331; 79 FR 14571; 79 FR 23797;                75 FR 72868; 75 FR 77949; 77 FR 52389;
                                                    to the following conditions: (1) That                   79 FR 27681; 79 FR 28588; 79 FR 35212;                77 FR 68202; 79 FR 65759):
                                                    each individual has a physical                          79 FR 35220; 79 FR 38649; 79 FR 38661;                Timothy S. Ballard (NC)
                                                    examination every year (a) by an                        79 FR 40945; 79 FR 41740; 79 FR 47175;                Stephen R. Daugherty (IN)
                                                    ophthalmologist or optometrist who                      79 FR 51643; 79 FR 56097; 79 FR 56099;                Ronald W. Garner (WA)
                                                    attests that the vision in the better eye               79 FR 56104; 79 FR 58856; 79 FR 64001;                Nelson V. Jaramillo (MA)
                                                    continues to meet the requirements in                   79 FR 65760; 79 FR 68199; 79 FR 70928;                Leslie A. Landschoot (NY)
                                                    49 CFR 391.41(b)(10), and (b) by a                      79 FR 72754):                                         Bruce T. Loughary (AR)
                                                    medical examiner who attests that the                   Kerry L. Baxter (UT)                                  Kenny Y. Louie (CA)
                                                    individual is otherwise physically                      Robert S. Bowen (GA)                                  Wayne R. Mantela (KY)
                                                    qualified under 49 CFR 391.41; (2) that                 Jerry W. Brinson (GA)                                 Carl M. McIntire (OH)
                                                    each individual provides a copy of the                  John M. Brown (KY)                                    Bernice R. Parnell (NC)
                                                    ophthalmologist’s or optometrist’s                      Jonathan E. Carriaga (NM)                             Patrick W. Shea (MA)
                                                    report to the medical examiner at the                   Irvin L. Eaddy (SC)                                   Roy F. Varnado, Jr. (LA)
                                                                                                            Terry J. Edwards (MO)                                 Michael J. Welle (MN)
                                                    time of the annual medical examination;
                                                                                                            Christopher K. Foot (NV)
                                                    and (3) that each individual provide a                  Billy R. Gibbs (MD)                                      The drivers were included in one of
                                                    copy of the annual medical certification                Harlan L. Gunter (VA)                                 the following dockets: Docket No.
                                                    to the employer for retention in the                    Hazel L. Hopkins, Jr. (MD)                            FMCSA–1998–3637; FMCSA–2000–
                                                    driver’s qualification file and retains a                                                                     7363; FMCSA–2004–18885; FMCSA–
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                                                                                                            Ivaylo V. Kanchev (FL)
                                                    copy of the certification on his/her                    Christopher M. Keen (KS)                              2008–0106; FMCSA–2008–0292. Their
                                                    person while driving for presentation to                Tom A. McCarty (NM)                                   exemptions are effective as of December
                                                    a duly authorized Federal, State, or local              Robert L. McClain (MI)                                8, 2016, and will expire on December 8,
                                                    enforcement official. Each exemption                    Mark Meacham (NC)                                     2018.
                                                    will be valid for two years unless                      Timothy L. Miller (IA)                                   As of December 17, 2016, and in
                                                    rescinded earlier by FMCSA. The                         Johnny Montemayor (TX)                                accordance with 49 U.S.C. 31136(e) and
                                                    exemption will be rescinded if: (1) The                 William L. Moore (FL)                                 31315, the following 7 individuals have
                                                    person fails to comply with the terms                   Christopher S. Morgan (LA)                            satisfied the conditions for obtaining a


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                                                    96182                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    renewed exemption from the vision                         Each of the 75 applicants listed in the             being compromised or if continuation of
                                                    requirements (73 FR 51689; 73 FR                        groups above has requested renewal of                 the exemption would not be consistent
                                                    61922; 73 FR 63047; 73 FR 74563; 75 FR                  the exemption and has submitted                       with the goals and objectives of 49
                                                    65057; 75 FR 77590; 75 FR 77949; 75 FR                  evidence showing that the vision in the               U.S.C. 31136(e) and 31315, FMCSA will
                                                    79081; 77 FR 60008; 77 FR 68202; 77 FR                  better eye continues to meet the                      take immediate steps to revoke the
                                                    70537; 77 FR 71671):                                    requirement specified at 49 CFR                       exemption of a driver.
                                                    Dale H. Dattler (NY)                                    391.41(b)(10) and that the vision
                                                                                                            impairment is stable. In addition, a                  Submitting Comments
                                                    Raymundo Flores (TX)
                                                    Benjamin P. Hall (NY)                                   review of each record of safety while                    You may submit your comments and
                                                    John N. Lanning (CA)                                    driving with the respective vision                    material online or by fax, mail, or hand
                                                    Charles M. McDaris (GA)                                 deficiencies over the past two years                  delivery, but please use only one of
                                                    Kevin L. Quastad (IA)                                   indicates each applicant continues to                 these means. FMCSA recommends that
                                                    Frederick C. Schultz, Jr. (NY)                          meet the vision exemption                             you include your name and a mailing
                                                       The drivers were included in one of                  requirements.                                         address, an email address, or a phone
                                                    the following dockets: Docket No.                         These factors provide an adequate                   number in the body of your document
                                                    FMCSA–2008–0266; FMCSA–2008–                            basis for predicting each driver’s ability            so that FMCSA can contact you if there
                                                    0292; FMCSA–2010–0327; FMCSA–                           to continue to drive safely in interstate             are questions regarding your
                                                    2012–0279. Their exemptions are                         commerce. Therefore, FMCSA                            submission.
                                                    effective as of December 17, 2016, and                  concludes that extending the exemption                   To submit your comment online, go to
                                                    will expire on December 17, 2018.                       for each renewal applicant for a period               http://www.regulations.gov and in the
                                                       As of December 20, 2016, and in                      of two years is likely to achieve a level             search box insert the docket numbers
                                                    accordance with 49 U.S.C. 31136(e) and                  of safety equal to that existing without              FMCSA–1998–3637; FMCSA–2000–
                                                    31315, the following 7 individuals have                 the exemption.                                        7006; FMCSA–2000–7165; FMCSA–
                                                    satisfied the conditions for obtaining a                Request for Comments                                  2000–8203; FMCSA–2001–10578;
                                                    renewed exemption from the vision                          FMCSA will review comments                         FMCSA–2002–12294; FMCSA–2004–
                                                    requirements (77 FR 64389; 77 FR                        received at any time concerning a                     18885; FMCSA–2008–0106; FMCSA–
                                                    75494; 79 FR 73393):                                    particular driver’s safety record and                 2008–0231; FMCSA–2008–0266;
                                                    Ronald J. Bergman (OH)                                  determine if the continuation of the                  FMCSA–2010; FMCSA–1998–3637;
                                                    Noah E. Bowen (OH)                                      exemption is consistent with the                      FMCSA–2000–7006; FMCSA–2000–
                                                    William J. Hall (WA)                                    requirements at 49 U.S.C. 31136(e) and                7363; FMCSA–2004–18885; FMCSA–
                                                    Lawrence D. Malecha (MN)                                31315. However, FMCSA requests that                   2005–21254; FMCSA–2006–24783;
                                                    Paul B. Overman (WA)                                    interested parties with specific data                 FMCSA–2008–0106; FMCSA–2008–
                                                    Jerry M. Puckett (OH)                                   concerning the safety records of these                0231; FMCSA–2008–0266; FMCSA–
                                                    Emin Toric (GA)                                         drivers submit comments by January 30,                2008–0292; FMCSA–2009–0219;
                                                       The drivers were included in one of                  2017.                                                 FMCSA–2010–0082; FMCSA–2010–
                                                    the following dockets: Docket No.                          FMCSA believes that the                            0114; FMCSA–2010–0161; FMCSA–
                                                    FMCSA–2012–0280. Their exemptions                       requirements for a renewal of an                      2010–0187; FMCSA–2010–0327;
                                                    are effective as of December 20, 2016,                  exemption under 49 U.S.C. 31136(e) and                FMCSA–2011–0124; FMCSA–2011–
                                                    and will expire on December 20, 2018.                   31315 can be satisfied by initially                   0380; FMCSA–2012–0160; FMCSA–
                                                       As of December 24, 2016, and in                      granting the renewal and then                         2012–0214; FMCSA–2012–0215;
                                                    accordance with 49 U.S.C. 31136(e) and                  requesting and evaluating, if needed,                 FMCSA–2012–0279; FMCSA–2012–
                                                    31315, the following 17 individuals                     subsequent comments submitted by                      0280; FMCSA–2014–0003; FMCSA–
                                                    have satisfied the conditions for                       interested parties. As indicated above,               2014–0005; FMCSA–2014–0006;
                                                    obtaining a renewed exemption from the                  the Agency previously published                       FMCSA–2014–0010; FMCSA–2014–
                                                    vision requirements (79 FR 69985; 80                    notices of final disposition announcing               0011; FMCSA–2014–0296; FMCSA–
                                                    FR 8927):                                               its decision to exempt these 75                       2014–0298 and click the search button.
                                                    Peter H. Bailey (MI)                                    individuals from the vision requirement               When the new screen appears, click on
                                                    Dewey E. Ballard, Jr. (SC)                              in 49 CFR 391.41(b)(10). The final                    the blue ‘‘Comment Now!’’ button on
                                                    Thurman T. Clayton (LA)                                 decision to grant an exemption to each                the right hand side of the page. On the
                                                    Tig G. Cornell (ID)                                     of these individuals was made on the                  new page, enter information required
                                                    Jon R. Davidson (CO)                                    merits of each case and made only after               including the specific section of this
                                                    Edwin T. Condaldson (PA)                                careful consideration of the comments                 document to which each comment
                                                    William W. R. Dunn (PA)                                 received to its notices of applications.              applies, and provide a reason for each
                                                    Timothy J. Fisher (FL)                                  The notices of applications stated in                 suggestion or recommendation. If you
                                                    Perry D. Hamilton (TN)                                  detail the qualifications, experience,                submit your comments by mail or hand
                                                    Keith C. Lendt (MN)                                     and medical condition of each applicant               delivery, submit them in an unbound
                                                    Richard B. McMaster (AR)                                for an exemption from the vision                      format, no larger than 81⁄2 by 11 inches,
                                                    Joseph McTear (TX)                                      requirements. That information is                     suitable for copying and electronic
                                                    Martin Montanez (IL)                                    available by consulting the above cited               filing. If you submit comments by mail
                                                    Lee A. Mosier (IA)                                      Federal Register publications.                        and would like to know that they
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    John W. Randels (CO)                                       Interested parties or organizations                reached the facility, please enclose a
                                                    Carl W. Russell (OK)                                    possessing information that would                     stamped, self-addressed postcard or
                                                    Daniel R. Thompson (PA)                                 otherwise show that any, or all, of these             envelope.
                                                       The drivers were included in one of                  drivers are not currently achieving the                  We will consider all comments and
                                                    the following dockets: Docket No.                       statutory level of safety should                      material received during the comment
                                                    FMCSA–2014–0298. Their exemptions                       immediately notify FMCSA. The                         period. FMCSA may issue a final rule at
                                                    are effective as of December 25, 2016,                  Agency will evaluate any adverse                      any time after the close of the comment
                                                    and will expire on December 25, 2018.                   evidence submitted and, if safety is                  period.


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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                          96183

                                                    Viewing Comments and Documents                          DATES:  Each group of renewed                         FOR FURTHER INFORMATION CONTACT:     Ms.
                                                       To view comments, as well as any                     exemptions are effective from the dates               Christine A. Hydock, Chief, Medical
                                                    documents mentioned in this preamble,                   stated in the discussions below.                      Programs Division, 202–366–4001,
                                                    go to http://www.regulations.gov and in                 Comments must be received on or                       fmcsamedical@dot.gov, FMCSA,
                                                    the search box insert the docket number                 before January 30, 2017.                              Department of Transportation, 1200
                                                                                                            ADDRESSES: You may submit comments                    New Jersey Avenue SE., Room W64–
                                                    FMCSA–1998–3637; FMCSA–2000–
                                                                                                            bearing the Federal Docket Management                 113, Washington, DC 20590–0001.
                                                    7006; FMCSA–2000–7363; FMCSA–
                                                                                                            System (FDMS) numbers: Docket No.                     Office hours are from 8 a.m. to 5:30 p.m.
                                                    2004–18885; FMCSA–2005–21254;
                                                                                                            FMCSA–2010–0355; FMCSA–2010–                          e.t., Monday through Friday, except
                                                    FMCSA–2006–24783; FMCSA–2008–
                                                                                                            0386; FMCSA–2012–0347; FMCSA–                         Federal holidays.
                                                    0106; FMCSA–2008–0231; FMCSA–
                                                    2008–0266; FMCSA–2008–0292;                             2012–0348; FMCSA–2014–0310;                           SUPPLEMENTARY INFORMATION:
                                                    FMCSA–2009–0219; FMCSA–2010–                            FMCSA–2014–0311 using any of the                      Background
                                                    0082; FMCSA–2010–0114; FMCSA–                           following methods:
                                                                                                              • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                    2010–0161; FMCSA–2010–0187;                                                                                   FMCSA may renew an exemption from
                                                    FMCSA–2010–0327; FMCSA–2011–                            http://www.regulations.gov. Follow the
                                                                                                            on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                    0124; FMCSA–2011–0380; FMCSA–                                                                                 Regulations 2-year period if it finds
                                                    2012–0160; FMCSA–2012–0214;                             comments.
                                                                                                              • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                    FMCSA–2012–0215; FMCSA–2012–                                                                                  level of safety that is equivalent to or
                                                    0279; FMCSA–2012–0280; FMCSA–                           U.S. Department of Transportation, 1200
                                                                                                            New Jersey Avenue SE., West Building                  greater than the level that would be
                                                    2014–0003; FMCSA–2014–0005;                                                                                   achieved absent such exemption.’’ The
                                                    FMCSA–2014–0006; FMCSA–2014–                            Ground Floor, Room W12–140,
                                                                                                            Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                    0010; FMCSA–2014–0011; FMCSA–                                                                                 exemptions at the end of the 2-year
                                                    2014–0296; FMCSA–2014–0298 and                            • Hand Delivery or Courier: West
                                                                                                                                                                  period. The 130 individuals listed in
                                                    click ‘‘Search.’’ Next, click ‘‘Open                    Building Ground Floor, Room W12–140,
                                                                                                                                                                  this notice have recently become
                                                    Docket Folder’’ and you will find all                   1200 New Jersey Avenue SE.,
                                                                                                                                                                  eligible for a renewed exemption from
                                                    documents and comments related to this                  Washington, DC, between 9 a.m. and 5
                                                                                                                                                                  the diabetes prohibition in 49 CFR
                                                    notice.                                                 p.m., e.t., Monday through Friday,
                                                                                                                                                                  391.41(b)(3), which applies to drivers of
                                                                                                            except Federal Holidays.
                                                      Issued on: December 21, 2016.                                                                               CMVs in interstate commerce. The
                                                                                                              • Fax: 1–202–493–2251.
                                                    Larry W. Minor,                                                                                               drivers remain in good standing with
                                                                                                              Instructions: Each submission must
                                                    Associate Administrator for Policy.                                                                           the Agency, have maintained their
                                                                                                            include the Agency name and the
                                                    [FR Doc. 2016–31555 Filed 12–28–16; 8:45 am]
                                                                                                                                                                  required medical monitoring and have
                                                                                                            docket number for this notice. Note that              not exhibited any medical issues that
                                                    BILLING CODE 4910–EX–P                                  DOT posts all comments received                       would compromise their ability to safely
                                                                                                            without change to http://                             operate a CMV during the previous 2-
                                                                                                            www.regulations.gov, including any                    year exemption period.
                                                    DEPARTMENT OF TRANSPORTATION                            personal information included in a
                                                                                                            comment. Please see the Privacy Act                   Exemption Decision
                                                    Federal Motor Carrier Safety
                                                                                                            heading below.                                           This notice addresses 130 individuals
                                                    Administration
                                                                                                              Docket: For access to the docket to                 who have requested renewal of their
                                                    [Docket No. FMCSA–2010–0355; FMCSA–                     read background documents or                          exemptions in accordance with FMCSA
                                                    2010–0386; FMCSA–2012–0347; FMCSA–                      comments, go to http://                               procedures. These 130 drivers remain in
                                                    2012–0348; FMCSA–2014–0310; FMCSA–                      www.regulations.gov at any time or                    good standing with the Agency, have
                                                    2014–0311]                                              Room W12–140 on the ground level of                   maintained their required medical
                                                                                                            the West Building, 1200 New Jersey                    monitoring and have not exhibited any
                                                    Qualification of Drivers; Exemption
                                                                                                            Avenue SE., Washington, DC, between 9                 medical issues that would compromise
                                                    Applications; Diabetes
                                                                                                            a.m. and 5 p.m., e.t., Monday through                 their ability to safely operate a CMV
                                                    AGENCY: Federal Motor Carrier Safety                    Friday, except Federal holidays. The                  during the previous 2-year exemption
                                                    Administration (FMCSA), DOT.                            Federal Docket Management System                      period. Therefore, FMCSA has decided
                                                    ACTION: Notice of renewal of                            (FDMS) is available 24 hours each day,                to extend each exemption for a
                                                    exemptions; request for comments.                       365 days each year. If you want                       renewable two-year period. Each
                                                                                                            acknowledgment that we received your                  individual is identified according to the
                                                    SUMMARY:   FMCSA announces its                          comments, please include a self-                      renewal date.
                                                    decision to renew the exemptions of 130                 addressed, stamped envelope or                           The exemptions are renewed subject
                                                    individuals from its rule prohibiting                   postcard or print the acknowledgement                 to the following conditions: (1) That
                                                    persons with insulin-treated diabetes                   page that appears after submitting                    each individual submit a quarterly
                                                    mellitus (ITDM) from operating                          comments on-line.                                     monitoring checklist completed by the
                                                    commercial motor vehicles (CMVs) in                       Privacy Act: Anyone may search the                  treating endocrinologist as well as an
                                                    interstate commerce. FMCSA has                          electronic form of all comments                       annual checklist with a comprehensive
                                                    statutory authority to exempt                           received into any of our dockets by the               medical evaluation; (2) that each
                                                    individuals from this rule if the                       name of the individual submitting the                 individual reports within 2 business
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    exemptions granted will not                             comment (or of the person signing the                 days of occurrence, all episodes of
                                                    compromise safety. The Agency has                       comment, if submitted on behalf of an                 severe hypoglycemia, significant
                                                    concluded that granting these                           association, business, labor union, etc.).            complications, or inability to manage
                                                    exemption renewals will provide a level                 You may review DOT’s Privacy Act                      diabetes; also, any involvement in an
                                                    of safety that is equivalent to or greater              Statement for the Federal Docket                      accident or any other adverse event in
                                                    than the level of safety maintained                     Management System (FDMS) published                    a CMV or personal vehicle, whether or
                                                    without the exemptions for these CMV                    in the Federal Register on January 17,                not it is related to an episode of
                                                    drivers.                                                2008 (73 FR 3316).                                    hypoglycemia; (3) that each individual


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Document Created: 2016-12-29 01:58:51
Document Modified: 2016-12-29 01:58:51
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 renewal of exemptions; request for comments.
DatesEach group of renewed exemptions was effective from the dates stated in the discussions below. Comments must be received on or before January 30, 2017.
ContactMs. 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 Citation81 FR 96180 

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