82 FR 13048 - 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 | 13048-13050 | |
| FR Document | 2017-04526 |
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)] [Notices] [Pages 13048-13050] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04526] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-23238; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2012-0214; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300] 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 81 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-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-23238; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2012-0214; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300 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 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 [[Page 13049]] 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 a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 81 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 81 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (67 FR 54525; 67 FR 68719; 68 FR 2629; 68 FR 8794; 69 FR 64806; 69 FR 71100; 70 FR 2705; 70 FR 8659; 71 FR 5105; 71 FR 19600; 71 FR 63380; 72 FR 1050; 72 FR 1054; 72 FR 1056; 72 FR 5489; 73 FR 11989; 73 FR 35194; 73 FR 35197; 73 FR 48273; 73 FR 48275; 73 FR 51689; 73 FR 63047; 73 FR 75803; 73 FR 76439; 74 FR 980; 74 FR 981; 74 FR 6207; 74 FR 6209; 74 FR 65842; 75 FR 1835; 75 FR 9478; 75 FR 9482; 75 FR 13653; 75 FR 34209; 75 FR 44050; 75 FR 47883; 75 FR 47886; 75 FR 52062; 75 FR 54958; 75 FR 63255; 75 FR 70078; 75 FR 72863; 75 FR 77942; 75 FR 79083; 75 FR 79084; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76 FR 5425; 76 FR 8809; 76 FR 46793; 76 FR 59245; 77 FR 7234; 77 FR 17107; 77 FR 23799; 77 FR 27847; 77 FR 33558; 77 FR 36336; 77 FR 38386; 77 FR 46795; 77 FR 52389; 77 FR 68200; 77 FR 68202; 77 FR 70534; 77 FR 74731; 77 FR 75496; 78 FR 797; 78 FR 798; 78 FR 1919; 78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12817; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 29495; 79 FR 29498; 79 FR 35212; 79 FR 38659; 79 FR 47175; 79 FR 51642; 79 FR 53514; 79 FR 58856; 79 FR 59348; 79 FR 59357; 79 FR 65759; 79 FR 69985; 79 FR 72754; 79 FR 73397; 80 FR 2473; 80 FR 18693; 80 FR 3305; 80 FR 3308; 80 FR 3723; 80 FR 5615; 80 FR 8927; 80 FR 9304). 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 February 5, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 26 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (71 FR 5105; 71 FR 19600; 73 FR 11989; 73 FR 35194; 73 FR 35197; 73 FR 48273; 73 FR 48275; 73 FR 75803; 74 FR 6209; 74 FR 65842; 75 FR 9478; 75 FR 13653; 75 FR 44050; 75 FR 52062; 75 FR 54958; 75 FR 70078; 76 FR 4413; 76 FR 46793; 76 FR 59245; 77 FR 7234; 77 FR 17107; 77 FR 27847; 77 FR 36336; 77 FR 38386; 77 FR 46795; 77 FR 52389; 77 FR 68200; 77 FR 68202; 78 FR 797; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 29495; 79 FR 29498; 79 FR 35212; 79 FR 38659; 79 FR 47175; 79 FR 51642; 79 FR 53514; 79 FR 58856; 79 FR 59348; 79 FR 59357; 79 FR 65759; 79 FR 69985; 79 FR 72754; 79 FR 73397; 80 FR 3305; 80 FR 8927; 80 FR 9304): Michael J. Bechta (PA) Anatoliy A. Bogdanets (OR) William L. Brady (KS) Ricky J. Childress (AL) Donald S. Dickerson (WV) David L. Dykman (ID) Larry E. Emanuel (FL) Milan D. Frasier (ID) Greg E. Gage (IA) Eric M. Giddens, Sr. (DE) Harold J. Haier (NY) James A. Jones (MD) Timothy L. Kelly (TX) Lewis A. Kielhack (IL) Daniel E. Manchester (GA) Joe A. McIlroy (NY) Richard L. Moreland (MO) Timothy W. Nappier (MI) Don R. Padley (MO) Dennis D. Pimley (CA) Monte L. Purciful (IN) Michael R. Seldomridge (FL) Ronald M. Scott (IN) Ronald B. Shafer (MI) Dennis Torrence (WI) Jeffrey T. Zuniga (CT) The drivers were included in one of the following dockets: Docket Nos. FMCSA-2005-23238; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2009- 0291; FMCSA-2010-0201; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2012- 0214; FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014- 0296; FMCSA-2014-0298; FMCSA-2014-0299. Their exemptions are effective as of February 5, 2017 and will expire on February 5, 2019. As of February 7, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, Thomas J. Boss (IL) has satisfied the conditions for obtaining a renewed exemption from the vision requirements (67 FR 68719; 68 FR 2629; 69 FR 71100; 72 FR 1054; 74 FR 980; 76 FR 4414; 78 FR 798; 80 FR 5615). The driver was included in Docket No. FMCSA-2002-12844. The exemption is effective as of February 7, 2017, and will expire on February 7, 2019. As of February 11, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 5 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (77 FR 70534; 78 FR 9772; 80 FR 3308): Douglas Eamens (NY) Roberto Ramos (TX) Johnie Reed (VA) Sammie Soles, Jr. (MI) Grover C. Taylor (VA) The drivers were included on the following docket: Docket No. FMCSA-2012-0337. Their exemptions are effective as of February 11, 2017, and will expire on February 11, 2019. [[Page 13050]] As of February 18, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 30 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 2473; 80 FR 18693): David C. Berger (PA) Raymond L. Bradshaw (TX) Jeffrey L. Coachman (NY) Robert W. Cushing (NH) Kenneth Dionisi (MI) Wolfgang K. Faulkingham (ME) Ricky J. Franklin (OR) James P. Gapinski (MN) David N. Groff (PA) Robert J. Hansen (MN) Kevin L. Himes (CO) Jackie Lee (FL) Keith A. Looney (AR) Van C. Mac (IL) Chris D. McCance (IL) Michael W. McCann (VA) Preston Nehring (FL) Dennis J. Oie (MN) Leonardo Polonski (MA) Don C. Powell (NY) Luis Ramos (FL) Kevin C. Rich (NC) Gerardo Silva (IL) James A. Spittal (OR) Paul J. Stewart (CO) David A. Stinelli (PA) Ingrid V. Taylor (MI) Bobby M. Warren (KY) Steven E. Williams (GA) Vantha Yeam (PA) The drivers were included on the following docket: Docket No. FMCSA-2014-0300. Their exemptions are effective as of February 18, 2017, and will expire on February 18, 2019. As of February 25, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 19 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (67 FR 54525; 68 FR 8794; 69 FR 64806; 70 FR 2705; 70 FR 8659; 71 FR 63380; 72 FR 1050; 72 FR 1056; 72 FR 5489; 73 FR 51689; 73 FR 63047; 73 FR 76439; 74 FR 981; 74 FR 6207; 75 FR 1835; 75 FR 9482; 75 FR 34209; 75 FR 47883; 75 FR 47886; 75 FR 63255; 75 FR 72863; 75 FR 77942; 75 FR 79083; 75 FR 79084; 76 FR 2190; 76 FR 4414; 76 FR 5425; 76 FR 8809; 77 FR 23799; 77 FR 33558; 77 FR 70534; 77 FR 74731; 77 FR 75496; 78 FR 1919; 78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12817; 80 FR 3723): William Audinwood (NY) Kenneth L. Bowers, Jr. (MN) Lester W. Carter (CA) Matthew T. Eggers (IA) Dennis E. Fisher (NY) Andrew G. Fornsel (NY) Jerry Hall (KY) Dennis R. O'Dell Jr. (OK) Jerry W. Parker (OH) Gary W. Phelps (PA) Charles D. Reddick (GA) Myriam Rodriguez (CA) Bobby L. Rupe (TX) Jules M. Sancho, Jr. (LA) Frank Santak (DE) Gary Wanek (NE) Keith Washington (IL) Kenneth J. Weaver (WY) Cameron R. Whitford (NY) The drivers were included on the following docket: Docket No. FMCSA-2002-12432; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339. Their exemptions are effective as of February 25, 2017, and will expire on February 25, 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 81 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. 2017-04526 Filed 3-7-17; 8:45 am] BILLING CODE 4910-EX-P
![13048 Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
so the Agency can contact you if it has DEPARTMENT OF TRANSPORTATION 2012–0040; FMCSA–2012–0104;
questions regarding your submission. FMCSA–2012–0159; FMCSA–2012–
Federal Motor Carrier Safety 0214; FMCSA–2012–0337; FMCSA–
To submit your comment online, go to
Administration 2012–0338; FMCSA–2012–0339;
http://www.regulations.gov and put the
[Docket No. FMCSA–2002–12432; FMCSA– FMCSA–2014–0004; FMCSA–2014–
docket number FMCSA–2016–0377 in
2002–12844; FMCSA–2004–19477; FMCSA– 0006; FMCSA–2014–0007; FMCSA–
the ‘‘Keyword’’ box, and click ‘‘Search.’’
2005–23238; FMCSA–2006–26066; FMCSA– 2014–0296; FMCSA–2014–0298;
When the new screen appears, click on FMCSA–2014–0299; FMCSA–2014–
2008–0106; FMCSA–2008–0266; FMCSA–
‘‘Comment Now!’’ button and type your 2008–0340; FMCSA–2009–0291; FMCSA– 0300 using any of the following
comment into the text box in the 2009–0321; FMCSA–2010–0114; FMCSA– methods:
following screen. Choose whether you 2010–0187; FMCSA–2010–0201; FMCSA– • Federal eRulemaking Portal: Go to
are submitting your comment as an 2010–0354; FMCSA–2010–0385; FMCSA– http://www.regulations.gov. Follow the
individual or on behalf of a third party 2012–0040; FMCSA–2012–0104; FMCSA–
2012–0159; FMCSA–2012–0214; FMCSA–
online instructions for submitting
and then submit. If you submit your 2012–0337; FMCSA–2012–0338; FMCSA– comments.
comments by mail or hand delivery, 2012–0339; FMCSA–2014–0004; FMCSA– • Mail: Docket Management Facility;
submit them in an unbound format, no 2014–0006; FMCSA–2014–0007; FMCSA– U.S. Department of Transportation, 1200
larger than 81⁄2 by 11 inches, suitable for 2014–0296; FMCSA–2014–0298; FMCSA– New Jersey Avenue SE., West Building
copying and electronic filing. If you 2014–0299; FMCSA–2014–0300] Ground Floor, Room W12–140,
submit comments by mail and would Washington, DC 20590–0001.
like to know that they reached the Qualification of Drivers; Exemption • Hand Delivery: West Building
Applications; Vision Ground Floor, Room W12–140, 1200
facility, please enclose a stamped, self-
addressed postcard or envelope. AGENCY: Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
Administration (FMCSA), DOT. DC, between 9 a.m. and 5 p.m., e.t.,
FMCSA will consider all comments Monday through Friday, except Federal
and material received during the ACTION: Notice of renewal of
Holidays.
comment period. FMCSA may issue a exemptions; request for comments. • Fax: 1–202–493–2251.
final determination at any time after the SUMMARY: FMCSA announces its Instructions: Each submission must
close of the comment period. decision to renew exemptions for 81 include the Agency name and the
individuals from the vision requirement docket number(s) for this notice. Note
Viewing Comments and Documents that all comments received will be
in the Federal Motor Carrier Safety
To view comments, as well as Regulations (FMCSRs) for interstate posted without change to http://
documents mentioned in this preamble commercial motor vehicle (CMV) www.regulations.gov, including any
as being available in the docket, go to drivers. The exemptions enable these personal information provided. Please
http://www.regulations.gov and insert individuals to continue to operate CMVs see the Privacy Act heading below for
in interstate commerce without meeting further information.
the docket number FMCSA–2016–0377 Docket: For access to the docket to
in the ‘‘Keyword’’ box and click the vision requirement in one eye.
read background documents or
‘‘Search.’’ Next, click ‘‘Open Docket DATES: Each group of renewed
comments, go to http://
Folder’’ button and choose the exemptions was effective on the dates
www.regulations.gov at any time or
document listed to review. If you do not stated in the discussions below and will
Room W12–140 on the ground level of
have access to the Internet, you may expire on the dates stated in the
the West Building, 1200 New Jersey
view the docket online by visiting the discussions below. Comments must be
Avenue SE., Washington, DC, between 9
Docket Management Facility in Room received on or before April 7, 2017.
a.m. and 5 p.m., e.t., Monday through
W12–140 on the ground floor of the FOR FURTHER INFORMATION CONTACT: Ms.
Friday, except Federal holidays. The
DOT West Building, 1200 New Jersey Christine A. Hydock, Chief, Medical FDMS is available 24 hours each day,
Avenue SE., Washington, DC 20590, Programs Division, 202–366–4001, 365 days each year. If you want
between 9 a.m. and 5 p.m., e.t., Monday fmcsamedical@dot.gov, FMCSA, acknowledgment that we received your
through Friday, except Federal holidays. Department of Transportation, 1200 comments, please include a self-
New Jersey Avenue SE., Room W64– addressed, stamped envelope or
Issued on: February 28, 2017. 224, Washington, DC 20590–0001. postcard or print the acknowledgement
Larry W. Minor, Office hours are from 8:30 a.m. to 5 page that appears after submitting
Associate Administrator for Policy. p.m., e.t., Monday through Friday, comments online.
[FR Doc. 2017–04525 Filed 3–7–17; 8:45 am] except Federal holidays. If you have Privacy Act: In accordance with 5
BILLING CODE 4910–EX–P
questions regarding viewing or U.S.C. 553(c), DOT solicits comments
submitting material to the docket, from the public to better inform its
contact Docket Services, telephone (202) rulemaking process. DOT posts these
366–9826. comments, without edit, including any
ADDRESSES: You may submit comments personal information the commenter
bearing the Federal Docket Management provides, to http://www.regulations.gov,
System (FDMS) Docket No. FMCSA– as described in the system of records
2002–12432; FMCSA–2002–12844; notice (DOT/ALL–14 FDMS), which can
FMCSA–2004–19477; FMCSA–2005–
mstockstill on DSK3G9T082PROD with NOTICES
be reviewed at http://www.dot.gov/
23238; FMCSA–2006–26066; FMCSA– privacy.
2008–0106; FMCSA–2008–0266;
FMCSA–2008–0340; FMCSA–2009– I. Background
0291; FMCSA–2009–0321; FMCSA– Under 49 U.S.C. 31136(e) and 31315,
2010–0114; FMCSA–2010–0187; FMCSA may grant an exemption for two
FMCSA–2010–0201; FMCSA–2010– years if it finds ‘‘such exemption would
0354; FMCSA–2010–0385; FMCSA– likely achieve a level of safety that is
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As of February 18, 2017, and in Dennis R. O’Dell Jr. (OK) the exemptions of the aforementioned
accordance with 49 U.S.C. 31136(e) and Jerry W. Parker (OH) drivers from the vision requirement in
31315, the following 30 individuals Gary W. Phelps (PA) 49 CFR 391.41(b)(10), subject to the
have satisfied the conditions for Charles D. Reddick (GA) requirements cited above (49 CFR
obtaining a renewed exemption from the Myriam Rodriguez (CA) 391.64(b)). In accordance with 49 U.S.C.
vision requirements (80 FR 2473; 80 FR Bobby L. Rupe (TX) 31136(e) and 31315, each exemption
Jules M. Sancho, Jr. (LA)
18693): Frank Santak (DE) will be valid for two years unless
David C. Berger (PA) Gary Wanek (NE) revoked earlier by FMCSA.
Raymond L. Bradshaw (TX) Keith Washington (IL) Issued on: February 28, 2017.
Jeffrey L. Coachman (NY) Kenneth J. Weaver (WY) Larry W. Minor,
Robert W. Cushing (NH) Cameron R. Whitford (NY) Associate Administrator for Policy.
Kenneth Dionisi (MI) The drivers were included on the [FR Doc. 2017–04526 Filed 3–7–17; 8:45 am]
Wolfgang K. Faulkingham (ME) following docket: Docket No. FMCSA–
BILLING CODE 4910–EX–P
Ricky J. Franklin (OR) 2002–12432; FMCSA–2004–19477;
James P. Gapinski (MN) FMCSA–2006–26066; FMCSA–2008–
David N. Groff (PA) 0266; FMCSA–2009–0321; FMCSA– DEPARTMENT OF TRANSPORTATION
Robert J. Hansen (MN) 2010–0114; FMCSA–2010–0187;
Kevin L. Himes (CO) FMCSA–2010–0354; FMCSA–2010– Federal Motor Carrier Safety
Jackie Lee (FL) 0385; FMCSA–2012–0040; FMCSA– Administration
Keith A. Looney (AR) 2012–0337; FMCSA–2012–0338;
Van C. Mac (IL) FMCSA–2012–0339. Their exemptions [Docket No. FMCSA–2016–0383]
Chris D. McCance (IL) are effective as of February 25, 2017, Qualification of Drivers; Exemption
Michael W. McCann (VA) and will expire on February 25, 2019.
Preston Nehring (FL) Applications; Diabetes Mellitus
Dennis J. Oie (MN) Conditions and Requirements
AGENCY: Federal Motor Carrier Safety
Leonardo Polonski (MA) The exemptions are extended subject Administration (FMCSA).
Don C. Powell (NY) to the following conditions: (1) Each ACTION: Notice of applications for
Luis Ramos (FL) driver must undergo an annual physical exemptions; request for comments.
Kevin C. Rich (NC) examination (a) by an ophthalmologist
Gerardo Silva (IL) or optometrist who attests that the SUMMARY: FMCSA announces receipt of
James A. Spittal (OR) vision in the better eye continues to applications from 41 individuals for
Paul J. Stewart (CO) meet the requirements in 49 CFR exemption from the prohibition against
David A. Stinelli (PA) 391.41(b)(10), and (b) by a certified persons with insulin-treated diabetes
Ingrid V. Taylor (MI) Medical Examiner, as defined by 49 CFR mellitus (ITDM) operating commercial
Bobby M. Warren (KY) 390.5, who attests that the driver is motor vehicles (CMVs) in interstate
Steven E. Williams (GA) otherwise physically qualified under 49 commerce. If granted, the exemptions
Vantha Yeam (PA) CFR 391.41; (2) each driver must would enable these individuals with
The drivers were included on the provide a copy of the ophthalmologist’s ITDM to operate CMVs in interstate
following docket: Docket No. FMCSA– or optometrist’s report to the Medical commerce.
2014–0300. Their exemptions are Examiner at the time of the annual
DATES: Comments must be received on
effective as of February 18, 2017, and medical examination; and (3) each
or before April 7, 2017.
will expire on February 18, 2019. driver must provide a copy of the
annual medical certification to the ADDRESSES: You may submit comments
As of February 25, 2017, and in bearing the Federal Docket Management
accordance with 49 U.S.C. 31136(e) and employer for retention in the driver’s
qualification file and retains a copy of System (FDMS) Docket No. FMCSA–
31315, the following 19 individuals 2016–0383 using any of the following
have satisfied the conditions for the certification on his/her person while
driving for presentation to a duly methods:
obtaining a renewed exemption from the • Federal eRulemaking Portal: Go to
vision requirements (67 FR 54525; 68 authorized Federal, State, or local
enforcement official. The exemption http://www.regulations.gov. Follow the
FR 8794; 69 FR 64806; 70 FR 2705; 70 on-line instructions for submitting
FR 8659; 71 FR 63380; 72 FR 1050; 72 will be rescinded if: (1) The person fails
to comply with the terms and comments.
FR 1056; 72 FR 5489; 73 FR 51689; 73 • Mail: Docket Management Facility;
FR 63047; 73 FR 76439; 74 FR 981; 74 conditions of the exemption; (2) the
exemption has resulted in a lower level U.S. Department of Transportation, 1200
FR 6207; 75 FR 1835; 75 FR 9482; 75 FR New Jersey Avenue SE., West Building
34209; 75 FR 47883; 75 FR 47886; 75 FR of safety than was maintained before it
was granted; or (3) continuation of the Ground Floor, Room W12–140,
63255; 75 FR 72863; 75 FR 77942; 75 FR Washington, DC 20590–0001.
exemption would not be consistent with
79083; 75 FR 79084; 76 FR 2190; 76 FR
the goals and objectives of 49 U.S.C. • Hand Delivery: West Building
4414; 76 FR 5425; 76 FR 8809; 77 FR Ground Floor, Room W12–140, 1200
31136(e) and 31315.
23799; 77 FR 33558; 77 FR 70534; 77 FR New Jersey Avenue SE., Washington,
74731; 77 FR 75496; 78 FR 1919; 78 FR IV. Preemption DC, between 9 a.m. and 5 p.m., e.t.,
9772; 78 FR 12811; 78 FR 12813; 78 FR During the period the exemption is in Monday through Friday, except Federal
12817; 80 FR 3723):
mstockstill on DSK3G9T082PROD with NOTICES
effect, no State shall enforce any law or Holidays.
William Audinwood (NY) regulation that conflicts with this • Fax: 1–202–493–2251.
Kenneth L. Bowers, Jr. (MN) exemption with respect to a person Instructions: Each submission must
Lester W. Carter (CA) operating under the exemption. include the Agency name and the
Matthew T. Eggers (IA) docket numbers for this notice. Note
Dennis E. Fisher (NY) VI. Conclusion that all comments received will be
Andrew G. Fornsel (NY) Based upon its evaluation of the 81 posted without change to http://
Jerry Hall (KY) exemption applications, FMCSA renews www.regulations.gov, including any
VerDate Sep<11>2014 19:27 Mar 07, 2017 Jkt 241001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/82_FR_13092/page/3.svg)
Document Created: 2017-03-08 05:06:52
Document Modified: 2017-03-08 05:06:52
| 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 13048 |
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