82 FR 13043 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 44 (March 8, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 44 (March 8, 2017)
| Page Range | 13043-13045 | |
| FR Document | 2017-04527 |
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)] [Notices] [Pages 13043-13045] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04527] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA- 2002-13411; FMCSA-2004-17984; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2010-0201; FMCSA-2010-0385; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0296; FMCSA-2014-0299; FMCSA-2014-0301] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 62 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 7, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2004-17984; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2010-0201; FMCSA-2010-0385; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0296; FMCSA-2014-0299; FMCSA-2014-0301 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 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(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments [[Page 13044]] from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person: Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 62 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 62 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (65 FR 45817; 65 FR 66286; 65 FR 77066; 65 FR 78256; 66 FR 13825; 66 FR 16311; 67 FR 71610; 67 FR 76439; 68 FR 10298; 68 FR 10300; 68 FR 13360; 69 FR 33997; 69 FR 61292; 70 FR 7545; 70 FR 7546; 70 FR 12265; 71 FR 14566; 71 FR 30227; 71 FR 32183; 71 FR 41310; 71 FR 55820; 71 FR 63379; 71 FR 63380; 72 FR 180; 72 FR 1050; 72 FR 7111; 72 FR 7812; 72 FR 9397; 72 FR 11426; 73 FR 27014; 73 FR 36955; 73 FR 51689; 73 FR 61922; 73 FR 61925; 73 FR 63047; 73 FR 74563; 73 FR 75803; 73 FR 78422; 74 FR 6209; 74 FR 6211; 74 FR 6212; 74 FR 6689; 74 FR 8302; 75 FR 36778; 75 FR 54958; 75 FR 59327; 75 FR 70078; 75 FR 77942; 75 FR 77949; 75 FR 79083; 76 FR 4413; 76 FR 5425; 76 FR 9859; 76 FR 9861; 76 FR 9865; 76 FR 11215; 77 FR 48590; 77 FR 68199; 77 FR 68200; 77 FR 70534; 77 FR 74273; 77 FR 74731; 78 FR 10250; 78 FR 11731; 78 FR 12811; 78 FR 12813; 78 FR 12817; 78 FR 12822; 78 FR 797; 78 FR 1919; 78 FR 8689; 78 FR 9772; 78 FR 14410; 79 FR 58856; 79 FR 59357; 79 FR 65760; 79 FR 72754; 79 FR 73397; 79 FR 73687; 80 FR 3305; 80 FR 3308; 80 FR 3723; 80 FR 6162; 80 FR 7678; 80 FR 7679; 80 FR 8751; 80 FR 9304; 80 FR 15859; 80 FR 20562). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of July and are discussed below: As of March 1, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 16 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (69 FR 33997; 69 FR 61292; 71 FR 32183; 71 FR 41310; 71 FR 55820; 71 FR 63379; 71 FR 63380; 72 FR 180; 72 FR 1050; 72 FR 9397; 73 FR 36955; 73 FR 61922; 73 FR 61925; 73 FR 74563; 73 FR 75803; 73 FR 78422; 74 FR 6209; 74 FR 6211; 75 FR 36778; 75 FR 54958; 75 FR 59327; 75 FR 70078; 75 FR 77949; 75 FR 79083; 76 FR 4413; 76 FR 9865; 77 FR 48590; 77 FR 68199; 77 FR 68200; 77 FR 70534; 77 FR 74273; 77 FR 74731; 78 FR 797; 78 FR 9772; 78 FR 11731; 78 FR 12811; 78 FR 12813; 78 FR 12817; 79 FR 58856; 79 FR 59357; 79 FR 65760; 79 FR 72754; 79 FR 73397; 79 FR 73687; 80 FR 3305; 80 FR 3308; 80 FR 3723; 80 FR 8751; 80 GT 9304): Jawad K. Al-Shaibani (WA) Keith E. Breeding (IN) Robert M. Cassell, Jr. (NC) Steven J. Clark (GA) Joseph Colecchi (PA) Thomas A. Crowell (NC) David M. Hagadorn (NJ) Ricky G. Jacks (AL) William D. Koiner (TX) David S. Matheny (WA) Elmer R. Miller (IL) Jeffrey L. Olson (MN) Randall S. Surber (WV) Ernest W. Waff (VA) Curtis E. Way (TX) Patricia A. White (IL) The drivers were included in one of the following dockets: Docket Nos. FMCSA-2004-17984; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2006- 26066; FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2010-0201; FMCSA-2012- 0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0296; FMCSA-2014- 0299. Their exemptions are effective as of March 1, 2017, and will expire on March 1, 2019. As of March 4, 2017, 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 (65 FR 45817; 65 FR 77066; 67 FR 71610; 67 FR 76439; 68 FR 10298; 70 FR 7545; 72 FR 7812; 74 FR 6689; 76 FR 9859; 78 FR 8689; 80 FR 7678): Kirk G. Braegger (UT) Ambrosio Calles (NM) Harry P. Henning (PA) Christopher L. Humphries (TX) Ralph J. Miles (OR) Stanley B. Salkowski, III (PA) Michael G. Thomas (PA) William H. Twardus (DE) The drivers were included on the following dockets: Docket No. FMCSA-2000-7363; FMCSA-2002-13411. Their exemptions are effective as of March 4, 2017, and will expire on March 4, 2019. As of March 7, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 23 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 66286; 66 FR 13825; 68 FR 10300; 70 FR 7546; 72 [[Page 13045]] FR 180; 72 FR 7111; 72 FR 9397; 74 FR 6211; 74 FR 6212; 75 FR 77942; 76 FR 5425; 76 FR 9861; 78 FR 10250; 80 FR 6162; 80 FR 7679; 80 FR 20562): Jason P. Atwater (UT) Barry W. Borger (PA) William W. Dugger (KY) Steven D. Ellsworth (IL) Glen T. Garrabrant (NJ) Richard A. Guthrie (MT) Abdalla M. Jalili (IL) Alan L. Johnston (IL) David M. Krause (WI) Stephen C. Martin (PA) James E. Menz (NY) Ronald M. Metzger (NY) Gerald D. Milner (IL) Ali Nimer (IL) Richard A. Pierce (MO) Rance A. Powell (AL) Shannon E. Rasmussen (WY) Richard P. Rebel (ND) Mustafa Shahadeh (OH) Charles P. Smith (MO) Timothy R. Tedford (IL) Melvin L. Vaughn (WI) Rick L. Wood (PA) The drivers were included on the following dockets: Docket No. FMCSA-2000-7918; FMCSA-2006-25246; FMCSA-2010-0385; FMCSA-2014-0301. Their exemptions are effective as of March 7, 2017, and will expire on March 7, 2019. As of March 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 66286; 65 FR 78256; 66 FR 13825; 66 FR 16311; 67 FR 76439; 68 FR 10298; 68 FR 13360; 70 FR 7545; 70 FR 12265; 71 FR 14566; 71 FR 30227; 72 FR 180; 72 FR 7812; 72 FR 9397; 72 FR 11426; 73 FR 27014; 73 FR 51689; 73 FR 63047; 73 FR 75803; 74 FR 6209; 74 FR 6689; 74 FR 8302; 75 FR 77942; 75 FR 77949; 76 FR 4413; 76 FR 5425; 76 FR 9859; 76 FR 9861; 76 FR 11215; 78 FR 8689; 78 FR 12822; 78 FR 14410; 80 FR 15859): Howard K. Bradley (VA) Willie Burnett, Jr. (FL) Marcus L. Conner (TX) Thomas G. Danclovic (MO) Donald K. Driscoll (MA) William G. Holland (AR) Gerald D. Larson Thomas F. Marczewski (WI) Roy E. Mathews (FL) James T. McGraw, Jr. (PA) Robert S. Metcalf (AZ) Bobby G. Pool, Sr. (TX) Steve A. Reece (TN) Jeremichael Steele (NC) Wade D. Taylor (MO) The drivers were included on the following dockets: Docket No. FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2006-24015; FMCSA-2006-25246; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0385. Their exemptions are effective as of March 23, 2017, and will expire on March 23, 2019. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. IV. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 62 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: February 28, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04527 Filed 3-7-17; 8:45 am] BILLING CODE 4910-EX-P
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following 10 individuals, have satisfied 2014–0013. Their exemptions are New Jersey Avenue SE., Room W64–
the renewal conditions for obtaining an effective as of April 30, 2016, and will 224, Washington, DC 20590–0001.
exemption from the rule prohibiting expire on April 30, 2018. Office hours are from 8:30 a.m. to 5
drivers with ITDM from driving CMVs In accordance with 49 U.S.C. 31315, p.m., e.t., Monday through Friday,
in interstate commerce (77 FR 10612; 77 each exemption will be valid for two except Federal holidays. If you have
FR 20874): years from the effective date unless questions regarding viewing or
Rick J. Birdsall (NE) revoked earlier by FMCSA. The submitting material to the docket,
Steven L. Drake (CA) exemption will be revoked if the contact Docket Services, telephone (202)
Benjamin J. Duea (MN) following occurs: (1) the person fails to 366–9826.
Steven E. Greer (MN) comply with the terms and conditions ADDRESSES: You may submit comments
Jonathan E. Hunsaker (OR) of the exemption; (2) the exemption has bearing the Federal Docket Management
William D. Larsen (SD) resulted in a lower level of safety than System (FDMS) Docket No. FMCSA–
Lee A. Richardson (NC) was maintained prior to being granted; 2000–7363; FMCSA–2000–7918;
William W. Simmons (FL) or (3) continuation of the exemption FMCSA–2000–8398; FMCSA–2002–
Ronald O. Snyder (OH) would not be consistent with the goals 13411; FMCSA–2004–17984; FMCSA–
Douglas J. Wood (NY) and objectives of 49 U.S.C. 31136 and 2006–24015; FMCSA–2006–24783;
31315. FMCSA–2006–25246; FMCSA–2006–
The drivers were included in Docket
No. FMCSA–2011–0382. Their Issued on: February 28, 2017. 26066; FMCSA–2008–0266; FMCSA–
exemptions are effective as of April 6, Larry W. Minor, 2008–0292; FMCSA–2008–0340;
FMCSA–2010–0201; FMCSA–2010–
2016, and will expire on April 6, 2018. Associate Administrator for Policy.
0385; FMCSA–2012–0337; FMCSA–
As of April 15, 2016, and in [FR Doc. 2017–04528 Filed 3–7–17; 8:45 am]
2012–0338; FMCSA–2012–0339;
accordance with 49 U.S.C. 31136(e) and BILLING CODE 4910–EX–P FMCSA–2014–0296; FMCSA–2014–
31315, Maximo E. Gaytan (CO) has
0299; FMCSA–2014–0301 using any of
satisfied the renewal conditions for
the following methods:
obtaining an exemption from the rule DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to
prohibiting drivers with ITDM from http://www.regulations.gov. Follow the
driving CMVs in interstate commerce Federal Motor Carrier Safety
online instructions for submitting
(79 FR 14579; 79 FR 28590): Administration
comments.
This driver was included in Docket [Docket No. FMCSA–2000–7363; FMCSA– • Mail: Docket Management Facility;
No. FMCSA–2014–0013. The exemption 2000–7918; FMCSA–2000–8398; FMCSA– U.S. Department of Transportation, 1200
is effective as of April 15, 2016, and will 2002–13411; FMCSA–2004–17984; FMCSA– New Jersey Avenue SE., West Building
expire on April 15, 2018. 2006–24015; FMCSA–2006–24783; FMCSA– Ground Floor, Room W12–140,
As of April 27, 2016, and in 2006–25246; FMCSA–2006–26066; FMCSA– Washington, DC 20590–0001.
accordance with 49 U.S.C. 31136(e) and 2008–0266; FMCSA–2008–0292; FMCSA– • Hand Delivery: West Building
31315, the following 10 individuals, 2008–0340; FMCSA–2010–0201; FMCSA–
Ground Floor, Room W12–140, 1200
have satisfied the renewal conditions for 2010–0385; FMCSA–2012–0337; FMCSA–
2012–0338; FMCSA–2012–0339; FMCSA– New Jersey Avenue SE., Washington,
obtaining an exemption from the rule 2014–0296; FMCSA–2014–0299; FMCSA– DC, between 9 a.m. and 5 p.m., e.t.,
prohibiting drivers with ITDM from 2014–0301] Monday through Friday, except Federal
driving CMVs in interstate commerce Holidays.
(77 FR 13686; 77 FR 25227): Qualification of Drivers; Exemption • Fax: 1–202–493–2251.
Alvin Acevedo (NJ) Applications; Vision Instructions: Each submission must
Bobby D. Bennett (GA) include the Agency name and the
AGENCY: Federal Motor Carrier Safety docket number(s) for this notice. Note
Mark S. Clemence (KS)
Administration (FMCSA), DOT. that all comments received will be
Elwood F. Gorom (WA)
ACTION: Notice of renewal of posted without change to http://
Mike W. Holland (IL)
Dan M. McAllister (WI) exemptions; request for comments. www.regulations.gov, including any
Paul F. Rivers (MN) personal information provided. Please
SUMMARY: FMCSA announces its
Marcus V. Romo (ID) see the Privacy Act heading below for
decision to renew exemptions for 62
Wayne L. Snyder (OH) further information.
individuals from the vision requirement Docket: For access to the docket to
Justin K. Zimmerschied (KS) in the Federal Motor Carrier Safety read background documents or
The drivers were included in Docket Regulations (FMCSRs) for interstate comments, go to http://
No. FMCSA–2011–0383. Their commercial motor vehicle (CMV) www.regulations.gov at any time or
exemptions are effective as of April 27, drivers. The exemptions enable these Room W12–140 on the ground level of
2016, and will expire on April 27, 2018. individuals to continue to operate CMVs the West Building, 1200 New Jersey
As of April 30, 2016, and in in interstate commerce without meeting Avenue SE., Washington, DC, between 9
accordance with 49 U.S.C. 31136(e) and the vision requirement in one eye. a.m. and 5 p.m., e.t., Monday through
31315, the following 2 individuals, have DATES: Each group of renewed Friday, except Federal holidays. The
satisfied the renewal conditions for exemptions was effective on the dates FDMS is available 24 hours each day,
obtaining an exemption from the rule stated in the discussions below and will 365 days each year. If you want
prohibiting drivers with ITDM from expire on the dates stated in the acknowledgment that we received your
mstockstill on DSK3G9T082PROD with NOTICES
driving CMVs in interstate commerce discussions below. Comments must be comments, please include a self-
(79 FR 10612; 79 FR 14579; 79 FR received on or before April 7, 2017. addressed, stamped envelope or
28590; 79 FR 27685): FOR FURTHER INFORMATION CONTACT: Ms. postcard or print the acknowledgement
Charles L. Bryant (PA) Christine A. Hydock, Chief, Medical page that appears after submitting
Christopher P. Martin (NH) Programs Division, 202–366–4001, comments online.
The drivers were included in Docket fmcsamedical@dot.gov, FMCSA, Privacy Act: In accordance with 5
Nos. FMCSA–2014–0012; FMCSA– Department of Transportation, 1200 U.S.C. 553(c), DOT solicits comments
VerDate Sep<11>2014 17:34 Mar 07, 2017 Jkt 241001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/82_FR_13087/page/1.svg)
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FR 180; 72 FR 7111; 72 FR 9397; 74 FR 2000–7918; FMCSA–2000–8398; DEPARTMENT OF TRANSPORTATION
6211; 74 FR 6212; 75 FR 77942; 76 FR FMCSA–2002–13411; FMCSA–2006–
5425; 76 FR 9861; 78 FR 10250; 80 FR 24015; FMCSA–2006–25246; FMCSA– Federal Motor Carrier Safety
6162; 80 FR 7679; 80 FR 20562): 2008–0266; FMCSA–2008–0340; Administration
Jason P. Atwater (UT) FMCSA–2010–0385. Their exemptions [Docket No. FMCSA–2016–0377]
Barry W. Borger (PA) are effective as of March 23, 2017, and
William W. Dugger (KY) will expire on March 23, 2019. Qualification of Drivers; Exemption
Steven D. Ellsworth (IL) Applications; Vision
Conditions and Requirements
Glen T. Garrabrant (NJ)
Richard A. Guthrie (MT) AGENCY: Federal Motor Carrier Safety
The exemptions are extended subject
Abdalla M. Jalili (IL) Administration (FMCSA), DOT.
to the following conditions: (1) Each
Alan L. Johnston (IL) driver must undergo an annual physical ACTION: Notice of applications for
David M. Krause (WI) examination (a) by an ophthalmologist exemptions; request for comments.
Stephen C. Martin (PA) or optometrist who attests that the
James E. Menz (NY) SUMMARY: FMCSA announces receipt of
vision in the better eye continues to applications from 17 individuals for
Ronald M. Metzger (NY)
meet the requirements in 49 CFR exemption from the vision requirement
Gerald D. Milner (IL)
391.41(b)(10), and (b) by a certified in the Federal Motor Carrier Safety
Ali Nimer (IL)
Medical Examiner, as defined by 49 CFR Regulations. They are unable to meet
Richard A. Pierce (MO)
Rance A. Powell (AL) 390.5, who attests that the driver is the vision requirement in one eye for
Shannon E. Rasmussen (WY) otherwise physically qualified under 49 various reasons. The exemptions will
Richard P. Rebel (ND) CFR 391.41; (2) each driver must enable these individuals to operate
Mustafa Shahadeh (OH) provide a copy of the ophthalmologist’s commercial motor vehicles (CMVs) in
Charles P. Smith (MO) or optometrist’s report to the Medical interstate commerce without meeting
Timothy R. Tedford (IL) Examiner at the time of the annual the prescribed vision requirement in
Melvin L. Vaughn (WI) medical examination; and (3) each one eye. If granted, the exemptions
Rick L. Wood (PA) driver must provide a copy of the would enable these individuals to
The drivers were included on the annual medical certification to the qualify as drivers of commercial motor
following dockets: Docket No. FMCSA– employer for retention in the driver’s vehicles (CMVs) in interstate commerce.
2000–7918; FMCSA–2006–25246; qualification file and retains a copy of
DATES: Comments must be received on
FMCSA–2010–0385; FMCSA–2014– the certification on his/her person while or before April 7, 2017. All comments
0301. Their exemptions are effective as driving for presentation to a duly will be investigated by FMCSA. The
of March 7, 2017, and will expire on authorized Federal, State, or local exemptions will be issued the day after
March 7, 2019. enforcement official. The exemption the comment period closes.
As of March 23, 2017, and in will be rescinded if: (1) The person fails
ADDRESSES: You may submit comments
accordance with 49 U.S.C. 31136(e) and to comply with the terms and
conditions of the exemption; (2) the bearing the Federal Docket Management
31315, the following 15 individuals System (FDMS) Docket No. FMCSA–
have satisfied the conditions for exemption has resulted in a lower level
of safety than was maintained before it 2016–0377 using any of the following
obtaining a renewed exemption from the methods:
vision requirements (65 FR 66286; 65 was granted; or (3) continuation of the
exemption would not be consistent with • Federal eRulemaking Portal: Go to
FR 78256; 66 FR 13825; 66 FR 16311; http://www.regulations.gov. Follow the
67 FR 76439; 68 FR 10298; 68 FR 13360; the goals and objectives of 49 U.S.C.
31136(e) and 31315. on-line instructions for submitting
70 FR 7545; 70 FR 12265; 71 FR 14566; comments.
71 FR 30227; 72 FR 180; 72 FR 7812; 72 IV. Preemption • Mail: Docket Management Facility;
FR 9397; 72 FR 11426; 73 FR 27014; 73 U.S. Department of Transportation, 1200
FR 51689; 73 FR 63047; 73 FR 75803; During the period the exemption is in New Jersey Avenue SE., West Building
74 FR 6209; 74 FR 6689; 74 FR 8302; 75 effect, no State shall enforce any law or Ground Floor, Room W12–140,
FR 77942; 75 FR 77949; 76 FR 4413; 76 regulation that conflicts with this Washington, DC 20590–0001.
FR 5425; 76 FR 9859; 76 FR 9861; 76 FR exemption with respect to a person • Hand Delivery: West Building
11215; 78 FR 8689; 78 FR 12822; 78 FR operating under the exemption. Ground Floor, Room W12–140, 1200
14410; 80 FR 15859): New Jersey Avenue SE., Washington,
VI. Conclusion
Howard K. Bradley (VA) DC, between 9 a.m. and 5 p.m., e.t.,
Willie Burnett, Jr. (FL) Based upon its evaluation of the 62 Monday through Friday, except Federal
Marcus L. Conner (TX) exemption applications, FMCSA renews Holidays.
Thomas G. Danclovic (MO) the exemptions of the aforementioned • Fax: 1–202–493–2251.
Donald K. Driscoll (MA) drivers from the vision requirement in Instructions: Each submission must
William G. Holland (AR) 49 CFR 391.41(b)(10), subject to the include the Agency name and the
Gerald D. Larson requirements cited above (49 CFR docket numbers for this notice. Note
Thomas F. Marczewski (WI) 391.64(b)). In accordance with 49 U.S.C. that all comments received will be
Roy E. Mathews (FL) 31136(e) and 31315, each exemption posted without change to http://
James T. McGraw, Jr. (PA) will be valid for two years unless www.regulations.gov, including any
mstockstill on DSK3G9T082PROD with NOTICES
Robert S. Metcalf (AZ) revoked earlier by FMCSA. personal information provided. Please
Bobby G. Pool, Sr. (TX) see the Privacy Act heading below for
Issued on: February 28, 2017.
Steve A. Reece (TN) further information.
Jeremichael Steele (NC) Larry W. Minor,
Docket: For access to the docket to
Wade D. Taylor (MO) Associate Administrator for Policy. read background documents or
The drivers were included on the [FR Doc. 2017–04527 Filed 3–7–17; 8:45 am] comments, go to http://
following dockets: Docket No. FMCSA– BILLING CODE 4910–EX–P www.regulations.gov at any time or
VerDate Sep<11>2014 17:34 Mar 07, 2017 Jkt 241001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/82_FR_13087/page/3.svg)
Document Created: 2017-03-08 05:06:40
Document Modified: 2017-03-08 05:06:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 7, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 13043 |
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