82 FR 18818 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 76 (April 21, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 76 (April 21, 2017)
| Page Range | 18818-18820 | |
| FR Document | 2017-08079 |
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)] [Notices] [Pages 18818-18820] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08079] [[Page 18818]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-2003-14223; FMCSA- 2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2007-27333; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2010-0082; FMCSA-2010-0201; FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2012-0337; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0024; FMCSA-2014-0005; FMCSA-2014-0297; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305] 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 82 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 May 22, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-2003-14223; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2007-27333; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2010-0082; FMCSA-2010-0201; FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2012-0337; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0024; FMCSA-2014-0005; FMCSA-2014-0297; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305 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. 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. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person: Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 82 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 82 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (65 FR 78256; 66 FR 16311; 67 FR 46016; 67 FR 57267; 68 FR 10301; 68 FR 13360; 68 FR 19596; 69 FR 62741; 69 FR 64806; 70 FR 2701; 70 FR 2705; 70 FR 12265; 70 FR 16886; 70 FR 16887; 70 FR 17504; 70 FR 30997; 71 FR 32183; 71 FR 41310; 71 FR 62147; 72 FR 1056; 72 FR 5489; 72 FR 11426; 72 FR 12665; 72 FR 12666; 72 FR 18726; 72 FR 25831; 72 FR 27624; 73 FR 61925; 73 FR 76440; 74 FR 7097; 74 FR 8842; 74 FR 9329; 74 [[Page 18819]] FR 11988; 74 FR 11991; 74 FR 15584; 74 FR 15586; 74 FR 19270; 74 FR 21427; 75 FR 25917; 75 FR 25919; 75 FR 39727; 75 FR 39729; 75 FR 54958; 75 FR 70078; 75 FR 77942; 75 FR 80887; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 12216; 76 FR 15361; 76 FR 17481; 76 FR 17483; 76 FR 18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 28125; 76 FR 29024; 77 FR 36338; 77 FR 52388; 77 FR 70534; 78 FR 9772; 78 FR 10251; 78 FR 12815; 78 FR 14410; 78 FR 16761; 78 FR 16762; 78 FR 16912; 78 FR 18667; 78 FR 20379; 78 FR 22596; 78 FR 22602; 78 FR 24300; 78 FR 26106; 78 FR 29431; 79 FR 24298; 79 FR 27681; 79 FR 38649; 79 FR 51642; 79 FR 63211; 80 FR 2471; 80 FR 2473; 80 FR 3308; 80 FR 6162; 80 FR 12248; 80 FR 12254; 80 FR 12547; 80 FR 14420; 80 FR 14223; 80 FR 15863; 80 FR 16500; 80 FR 16502; 80 FR 18693; 80 FR 18696; 80 FR 20558; 80 FR 20559; 80 FR 20562; 80 FR 22773; 80 FR 26320; 80 FR 29152; 80 FR 45573). 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 May 7, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 43 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 78256; 66 FR 16311; 68 FR 10301; 68 FR 13360; 68 FR 19596; 69 FR 64806; 70 FR 2701; 70 FR 2705; 70 FR 12265; 70 FR 16886; 70 FR 16887; 72 FR 1056; 72 FR 5489; 72 FR 11425; 72 FR 12666; 72 FR 18726; 72 FR 25831; 73 FR 76440; 74 FR 7097; 74 FR 8842; 74 FR 11988; 74 FR 11991; 74 FR 15584; 74 FR 15586; 74 FR 21427; 75 FR 25917; 75 FR 39727; 75 FR 80887; 76 FR 7894; 76 FR 9856; 76 FR 12216; 76 FR 15361; 76 FR 20076; 76 FR 20078; 76 FR 21796; 77 FR 52388; 77 FR 70534; 78 FR 9772; 78 FR 10251; 78 FR 12815; 78 FR 14410; 78 FR 16761; 78 FR 16762; 78 FR 18667; 78 FR 20379; 78 FR 22596; 78 FR 22602; 79 FR 27681; 79 FR 38649; 79 FR 51642; 79 FR 63211; 80 FR 2471; 80 FR 2473; 80 FR 3308; 80 FR 6162; 80 FR 12248; 80 FR 12254; 80 FR 12547; 80 FR 14220; 80 FR 14223; 80 FR 15863; 80 FR 16500; 80 FR 16502; 80 FR 18693; 80 FR 20562; 80 FR 29152; 80 FR 33011): Neal S. Anderson (MN) Joseph L. Beverly (FL) Rex A. Botsford (MI) Rickie L. Brown (MS) Roger C. Carson (IN) Gregory L. Cooper (PA) Kenneth D. Craig (VA) Douglas S. Dalling (GA) Terry J. Dare (IN) William A. Donovan (WA) Breck L. Falcon (LA) John D. Fortino (NY) Joe T. Gage (AR) William D. Holt (AZ) Shane M. Holum (WA) Mark C. Jeffrey (MT) Christopher J. Kane (VT) Purvis W. Kills Enemy At Night (SD) Roosevelt Lawson (AL) Scottie W. Lewis (GA) Eugene R. Lydick (VA) Emanuel N. Malone (VA) Roberto E. Martinez (WA) David S. Mayo (VA) Anthony R. Melton (SC) Joe L. Meredith, Jr. (VA) John W. Montgomery (MA) Travis W. Neiwert (ID) Thomas G. Normington (WY) Mark A. Omps (WV) Richard D. Pontious (OH) Daniel A. Rau (NJ) Kevin L. Riddle (FL) James L. Rooney (WA) Gary W. Shelton, Jr. (FL) James A. Smith (WA) Benjamin Stone (VA) Clarence L. Swann, Jr. (AL) Bill J. Thierolf (NE) Michael G. Trueblood (IL) Sean E. Twohig (NY) Donald A. Uplinger II (OH) Steven M. Vujicic (IL) The drivers were included in one of the following docket Nos: FMCSA-2000-8398; FMCSA-2003-14223; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2007-27333; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2010-0082; FMCSA-2010-0372; FMCSA-2011-0010; FMCSA-2012-0337; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2014-0005; FMCSA-2014-0297; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305. Their exemptions are effective as of May 7, 2017, and will expire on May 7, 2019. As of May 13, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 9 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (72 FR 12666; 72 FR 25831; 74 FR 7097; 74 FR 15584; 74 FR 15586; 75 FR 25919; 75 FR 39729; 75 FR 54958; 75 FR 70078; 75 FR 77942; 76 FR 5425; 76 FR 9856; 76 FR 17481; 76 FR 20076; 76 FR 21796; 76 FR 28125; 77 FR 36338; 78 FR 18667; 78 FR 22596; 78 FR 24300; 80 FR 18696): Toby L. Carson (TN) Vincent C. Durazzo, Jr. (CT) Randy M. Lane (PA) Michael O. Regentik (MI) Alvaro F. Rodriguez (TX) Esequiel Rodriguez, Jr. (TX) George K. Sizemore (NC) Donald E. Stone (VA) Michael A. Zingarella (CT) The drivers were included in one of the following docket Nos: FMCSA-2007-27333; FMCSA-2008-0398; FMCSA-2010-0082; FMCSA-2010-0201; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024. Their exemptions are effective as of May 13, 2017, and will expire on May 13, 2019. As of May 19, 2017, 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 (76 FR 18824; 76 FR 29024; 78 FR 12815; 78 FR 22602; 79 FR 24298; 80 FR 20558): Luis A. Bejarano (AZ) Richard T. Berendt (OH) James O. Cook (GA) Kevin R. Lambert (NC) Scott W. Schilling (ND) Randy E. Sims (WA) Mark E. Studer (KS) The drivers were included in one of the following docket Nos: FMCSA-2011-0057; FMCSA-2013-0022. Their exemptions are effective as of May 19, 2017, and will expire on May 19, 2019. As of May 20, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 3 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 16912; 78 FR 29431; 80 FR 20559): Dolan A. Gonzalez, Jr. (FL) Paul Harpin (AZ) Randy T. Richardson (KS) The drivers were included in docket No. FMCSA-2013-0024. Their exemptions are effective as of May 20, 2017, and will expire on May 20, 2019. As of May 27, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the [[Page 18820]] vision requirements (80 FR 22773; 80 FR 45573): Donald A. Becker (MI) William T. Costie (NY) Donald W. Donaldson (GA) James L. Duck (NM) Arthur R. Hughson (AL) Joseph M. Jones (ID) Howard H. Key Jr. (AR) Quang M. Pham (TX) Glen E. Robbins (WY) Ronald P. Schoborg (AR) Steven M. Tewhill (AR) The drivers were included in docket No. FMCSA-2014-0305. Their exemptions are effective as of May 27, 2017, and will expire on May 27, 2019. As of May 31, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 9 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 78256; 66 FR 16311; 67 FR 46016; 67 RF 57267; 68 FR 13360; 69 FR 62741; 70 FR 12265; 70 FR 17504; 70 FR 30997; 71 FR 32183; 71 FR 41310; 71 FR 62147; 72 FR 12665; 72 FR 12666; 72 FR 25831; 72 FR 27624; 73 FR 61925; 74 FR 9329; 74 FR 15586; 74 FR 19270; 76 FR 9856; 76 FR 17483; 76 FR 18824; 76 FR 20076; 76 FR 25762; 76 FR 29024; 78 FR 16762; 78 FR 24300; 78 FR 26106; 79 FR 24298; 80 FR 26320): Robert A. Casson (KY) Gerald S. Dennis (IA) John K. Fank (IL) Gene A. Lesher, Jr. (WV) Kenneth L. Nau (MD) George D. Schell (IL) Robert D. Smith (OH) Kenneth E. Suter, Jr. (OH) Richard A. Westfall (OH) The drivers were included in one of the following docket Nos: FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2007-27333; FMCSA-2011-0010; FMCSA-2011-0057. Their exemptions are effective as of May 31, 2017, and will expire on May 31, 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 82 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: April 14, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-08079 Filed 4-20-17; 8:45 am] BILLING CODE 4910-EX-P
![18818 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
DEPARTMENT OF TRANSPORTATION • Mail: Docket Management Facility; years if it finds ‘‘such exemption would
U.S. Department of Transportation, 1200 likely achieve a level of safety that is
Federal Motor Carrier Safety New Jersey Avenue SE., West Building equivalent to or greater than the level
Administration Ground Floor, Room W12–140, that would be achieved absent such
Washington, DC 20590–0001. exemption.’’ The statute also allows the
[Docket No. FMCSA–2000–8398; FMCSA– • Hand Delivery: West Building Agency to renew exemptions at the end
2002–12294; FMCSA–2003–14223; FMCSA– Ground Floor, Room W12–140, 1200 of the two-year period.
2004–19477; FMCSA–2005–20027; FMCSA– New Jersey Avenue SE., Washington, The physical qualification standard
2005–20560; FMCSA–2006–24783; FMCSA– DC, between 9 a.m. and 5 p.m., e.t., for drivers regarding vision found in 49
2007–27333; FMCSA–2008–0398; FMCSA–
Monday through Friday, except Federal CFR 391.41(b)(10) states that a person is
2009–0054; FMCSA–2010–0082; FMCSA–
2010–0201; FMCSA–2010–0372; FMCSA– Holidays. physically qualified to driver a CMV if
2010–0385; FMCSA–2011–0010; FMCSA– • Fax: 1–202–493–2251. that person:
2011–0024; FMCSA–2011–0057; FMCSA– Instructions: Each submission must Has distant visual acuity of at least 20/40
2012–0337; FMCSA–2013–0021; FMCSA– include the Agency name and the (Snellen) in each eye without corrective
2013–0022; FMCSA–2013–0024; FMCSA– docket number(s) for this notice. Note lenses or visual acuity separately corrected to
2014–0005; FMCSA–2014–0297; FMCSA– that all comments received will be 20/40 (Snellen) or better with corrective
2014–0300; FMCSA–2014–0301; FMCSA– posted without change to http:// lenses, distant binocular acuity of a least 20/
2014–0302; FMCSA–2014–0304; FMCSA– www.regulations.gov, including any 40 (Snellen) in both eyes with or without
2014–0305] corrective lenses, field of vision of at least
personal information provided. Please
see the Privacy Act heading below for 70° in the horizontal meridian in each eye,
Qualification of Drivers; Exemption and the ability to recognize the colors of
Applications; Vision further information. traffic signals and devices showing red,
Docket: For access to the docket to green, and amber.
AGENCY: Federal Motor Carrier Safety read background documents or
Administration (FMCSA), DOT. comments, go to http:// The 82 individuals listed in this
www.regulations.gov at any time or notice have requested renewal of their
ACTION: Notice of renewal of
Room W12–140 on the ground level of exemptions from the vision standard in
exemptions; request for comments.
the West Building, 1200 New Jersey 49 CFR 391.41(b)(10), in accordance
SUMMARY: FMCSA announces its Avenue SE., Washington, DC, between 9 with FMCSA procedures. Accordingly,
decision to renew exemptions for 82 a.m. and 5 p.m., e.t., Monday through FMCSA has evaluated these
individuals from the vision requirement Friday, except Federal holidays. The applications for renewal on their merits
in the Federal Motor Carrier Safety FDMS is available 24 hours each day, and decided to extend each exemption
Regulations (FMCSRs) for interstate 365 days each year. If you want for a renewable two-year period
commercial motor vehicle (CMV) acknowledgment that we received your II. Request for Comments
drivers. The exemptions enable these comments, please include a self-
individuals to continue to operate CMVs Interested parties or organizations
addressed, stamped envelope or
in interstate commerce without meeting possessing information that would
postcard or print the acknowledgement
the vision requirement in one eye. otherwise show that any, or all, of these
page that appears after submitting
drivers are not currently achieving the
DATES: Each group of renewed comments online.
Privacy Act: In accordance with 5 statutory level of safety should
exemptions was effective on the dates immediately notify FMCSA. The
stated in the discussions below and will U.S.C. 553(c), DOT solicits comments
from the public to better inform its Agency will evaluate any adverse
expire on the dates stated in the evidence submitted and, if safety is
discussions below. Comments must be rulemaking process. DOT posts these
comments, without edit, including any being compromised or if continuation of
received on or before May 22, 2017. the exemption would not be consistent
ADDRESSES: You may submit comments
personal information the commenter
provides, to http://www.regulations.gov, with the goals and objectives of 49
bearing the Federal Docket Management U.S.C. 31136(e) and 31315, FMCSA will
System (FDMS) Docket No. FMCSA– as described in the system of records
notice (DOT/ALL–14 FDMS), which can take immediate steps to revoke the
2000–8398; FMCSA–2002–12294; exemption of a driver.
FMCSA–2003–14223; FMCSA–2004– be reviewed at http://www.dot.gov/
19477; FMCSA–2005–20027; FMCSA– privacy. III. Basis for Renewing Exemptions
2005–20560; FMCSA–2006–24783; FOR FURTHER INFORMATION CONTACT: Ms. Under 49 U.S.C. 31315(b)(1), an
FMCSA–2007–27333; FMCSA–2008– Christine A. Hydock, Chief, Medical exemption may be granted for no longer
0398; FMCSA–2009–0054; FMCSA– Programs Division, 202–366–4001, than two years from its approval date
2010–0082; FMCSA–2010–0201; fmcsamedical@dot.gov, FMCSA, and may be renewed upon application.
FMCSA–2010–0372; FMCSA–2010– Department of Transportation, 1200 In accordance with 49 U.S.C. 31136(e)
0385; FMCSA–2011–0010; FMCSA– New Jersey Avenue SE., Room W64– and 31315, each of the 82 applicants has
2011–0024; FMCSA–2011–0057; 224, Washington, DC 20590–0001. satisfied the renewal conditions for
FMCSA–2012–0337; FMCSA–2013– Office hours are from 8:30 a.m. to 5 obtaining an exemption from the vision
0021; FMCSA–2013–0022; FMCSA– p.m., e.t., Monday through Friday, requirement (65 FR 78256; 66 FR 16311;
2013–0024; FMCSA–2014–0005; except Federal holidays. If you have 67 FR 46016; 67 FR 57267; 68 FR 10301;
FMCSA–2014–0297; FMCSA–2014– questions regarding viewing or 68 FR 13360; 68 FR 19596; 69 FR 62741;
0300; FMCSA–2014–0301; FMCSA– submitting material to the docket, 69 FR 64806; 70 FR 2701; 70 FR 2705;
sradovich on DSK3GMQ082PROD with NOTICES
2014–0302; FMCSA–2014–0304; contact Docket Services, telephone (202) 70 FR 12265; 70 FR 16886; 70 FR 16887;
FMCSA–2014–0305 using any of the 366–9826. 70 FR 17504; 70 FR 30997; 71 FR 32183;
following methods: SUPPLEMENTARY INFORMATION: 71 FR 41310; 71 FR 62147; 72 FR 1056;
• Federal eRulemaking Portal: Go to 72 FR 5489; 72 FR 11426; 72 FR 12665;
http://www.regulations.gov. Follow the I. Background 72 FR 12666; 72 FR 18726; 72 FR 25831;
online instructions for submitting Under 49 U.S.C. 31136(e) and 31315, 72 FR 27624; 73 FR 61925; 73 FR 76440;
comments. FMCSA may grant an exemption for two 74 FR 7097; 74 FR 8842; 74 FR 9329; 74
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![18820 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
vision requirements (80 FR 22773; 80 driver must provide a copy of the equipment. G4S states that this
FR 45573): annual medical certification to the exemption, if granted, would have no
Donald A. Becker (MI) employer for retention in the driver’s adverse impact on the safety of their
William T. Costie (NY) qualification file and retains a copy of operations, as its drivers would
Donald W. Donaldson (GA) the certification on his/her person while continue to remain subject to the HOS
James L. Duck (NM) driving for presentation to a duly regulations and would complete paper
Arthur R. Hughson (AL) authorized Federal, State, or local records of duty status (RODS), when
Joseph M. Jones (ID) enforcement official. The exemption applicable. FMCSA requests public
Howard H. Key Jr. (AR) will be rescinded if: (1) The person fails comment on G4S’s application for
Quang M. Pham (TX) to comply with the terms and exemption.
Glen E. Robbins (WY) conditions of the exemption; (2) the DATES: Comments must be received on
Ronald P. Schoborg (AR) exemption has resulted in a lower level or before May 22, 2017.
Steven M. Tewhill (AR) of safety than was maintained before it
ADDRESSES: You may submit comments
The drivers were included in docket was granted; or (3) continuation of the
exemption would not be consistent with identified by Federal Docket
No. FMCSA–2014–0305. Their Management System (FDMS) Number
exemptions are effective as of May 27, the goals and objectives of 49 U.S.C.
31136(e) and 31315. FMCSA–2017–0120 by any of the
2017, and will expire on May 27, 2019. following methods:
As of May 31, 2017, and in IV. Preemption • Federal eRulemaking Portal:
accordance with 49 U.S.C. 31136(e) and www.regulations.gov. See the Public
31315, the following 9 individuals have During the period the exemption is in
effect, no State shall enforce any law or Participation and Request for Comments
satisfied the conditions for obtaining a section below for further information.
renewed exemption from the vision regulation that conflicts with this
exemption with respect to a person • Mail: Docket Management Facility,
requirements (65 FR 78256; 66 FR U.S. Department of Transportation, 1200
16311; 67 FR 46016; 67 RF 57267; 68 FR operating under the exemption.
New Jersey Avenue SE., West Building,
13360; 69 FR 62741; 70 FR 12265; 70 FR VI. Conclusion Ground Floor, Room W12–140,
17504; 70 FR 30997; 71 FR 32183; 71 FR Based upon its evaluation of the 82 Washington, DC 20590–0001.
41310; 71 FR 62147; 72 FR 12665; 72 FR exemption applications, FMCSA renews • Hand Delivery or Courier: West
12666; 72 FR 25831; 72 FR 27624; 73 FR the exemptions of the aforementioned Building, Ground Floor, Room W12–
61925; 74 FR 9329; 74 FR 15586; 74 FR drivers from the vision requirement in 140, 1200 New Jersey Avenue SE.,
19270; 76 FR 9856; 76 FR 17483; 76 FR 49 CFR 391.41(b)(10), subject to the between 9 a.m. and 5 p.m., Monday
18824; 76 FR 20076; 76 FR 25762; 76 FR requirements cited above (49 CFR through Friday, except Federal holidays.
29024; 78 FR 16762; 78 FR 24300; 78 FR 391.64(b)). In accordance with 49 U.S.C. • Fax: 1–202–493–2251.
26106; 79 FR 24298; 80 FR 26320): 31136(e) and 31315, each exemption • Each submission must include the
Robert A. Casson (KY) will be valid for two years unless Agency name and the docket number for
Gerald S. Dennis (IA) revoked earlier by FMCSA. this notice. Note that DOT posts all
John K. Fank (IL) comments received without change to
Issued on: April 14, 2017. www.regulations.gov, including any
Gene A. Lesher, Jr. (WV)
Kenneth L. Nau (MD) Larry W. Minor, personal information included in a
George D. Schell (IL) Associate Administrator for Policy. comment. Please see the Privacy Act
Robert D. Smith (OH) [FR Doc. 2017–08079 Filed 4–20–17; 8:45 am] heading below.
Kenneth E. Suter, Jr. (OH) BILLING CODE 4910–EX–P Docket: For access to the docket to
Richard A. Westfall (OH) read background documents or
The drivers were included in one of comments, go to www.regulations.gov at
the following docket Nos: FMCSA– DEPARTMENT OF TRANSPORTATION any time or visit Room W12–140 on the
2000–8398; FMCSA–2002–12294; ground level of the West Building, 1200
Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
FMCSA–2005–20560; FMCSA–2006– Administration
24783; FMCSA–2007–27333; FMCSA– DC, between 9 a.m. and 5 p.m., ET,
2011–0010; FMCSA–2011–0057. Their [Docket No. FMCSA–2017–0120] Monday through Friday, except Federal
exemptions are effective as of May 31, holidays. The on-line FDMS is available
2017, and will expire on May 31, 2019. Hours of Service of Drivers: 24 hours each day, 365 days each year.
Application for Exemption; G4S Secure Privacy Act: In accordance with 5
Conditions and Requirements Solutions (USA), Inc. (G4S) U.S.C. 553(c), DOT solicits comments
The exemptions are extended subject AGENCY: Federal Motor Carrier Safety from the public to better inform its
to the following conditions: (1) Each Administration (FMCSA), DOT. rulemaking process. DOT posts these
driver must undergo an annual physical comments, without edit, including any
ACTION: Notice of application for
examination (a) by an ophthalmologist personal information the commenter
exemption; request for comments.
or optometrist who attests that the provides, to www.regulations.gov, as
vision in the better eye continues to SUMMARY: FMCSA announces that G4S described in the system of records
meet the requirements in 49 CFR Secure Solutions (USA), Inc. (G4S) has notice (DOT/ALL–14 FDMS), which can
391.41(b)(10), and (b) by a certified requested an exemption from the be reviewed at www.dot.gov/privacy.
Medical Examiner, as defined by 49 CFR electronic logging device (ELD) FOR FURTHER INFORMATION CONTACT: For
sradovich on DSK3GMQ082PROD with NOTICES
390.5, who attests that the driver is requirements in 49 CFR part 395 as information concerning this notice,
otherwise physically qualified under 49 applied to its drivers of customer/ contact Mr. Tom Yager, Chief, FMCSA
CFR 391.41; (2) each driver must government-owned vehicles used Driver and Carrier Operations Division;
provide a copy of the ophthalmologist’s intermittently to perform passenger Office of Carrier, Driver and Vehicle
or optometrist’s report to the Medical transportation. The G4S request is Safety Standards; Telephone: 614–942–
Examiner at the time of the annual limited to operations involving 6477. Email: MCPSD@dot.gov. If you
medical examination; and (3) each customer/government-owned have questions on viewing or submitting
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Document Created: 2017-04-21 01:19:25
Document Modified: 2017-04-21 01:19:25
| 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 May 22, 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 18818 |
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