82 FR 22379 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 92 (May 15, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 92 (May 15, 2017)
| Page Range | 22379-22382 | |
| FR Document | 2017-09740 |
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)] [Notices] [Pages 22379-22382] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09740] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA- 2000-7918; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2002-12844; FMCSA- 2003-14504; FMCSA-2004-17984; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26066; FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2008-0106; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2009-0086; FMCSA-2011-0010; FMCSA-2011-0092; FMCSA-2012-0337; FMCSA-2013-0022; FMCSA-2013-0024; FMCSA-2013-0025; FMCSA-2013-0026; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0303; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0048] 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 120 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 June 14, 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-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2002-12844; FMCSA-2003-14504; FMCSA-2004-17984; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26066; FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2008-0106; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2009-0086; FMCSA-2011-0010; FMCSA-2011-0092; FMCSA-2012-0337; FMCSA-2013-0022; FMCSA-2013-0024; FMCSA-2013-0025; FMCSA-2013-0026; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0303; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0048 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. [[Page 22380]] 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 120 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 120 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (63 FR 66226; 64 FR 16517; 65 FR 20245; 65 FR 45817; 65 FR 57230; 65 FR 66286; 65 FR 77066; 65 FR 78256; 66 FR 13825; 66 FR 16311; 66 FR 17743; 66 FR 17994; 66 FR 33990; 67 FR 57266; 67 FR 68719; 68 FR 2629; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR 35772; 69 FR 33997; 69 FR 61292; 69 FR 64806; 69 FR 71100; 70 FR 2701; 70 FR 2705; 70 FR 12265; 70 FR 16887; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 33937; 70 FR 37891; 71 FR 63379; 72 FR 184; 72 FR 1050; 72 FR 1051; 72 FR 1053; 72 FR 5489; 72 FR 11425; 72 FR 11426; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 32705; 72 FR 34062; 73 FR 78423; 74 FR 6207; 74 FR 7097; 74 FR 8302; 74 FR 8842; 74 FR 11988; 74 FR 15584; 74 FR 15586; 74 FR 19267; 74 FR 20253; 74 FR 21427; 74 FR 23472; 74 FR 26464; 74 FR 26471; 74 FR 28094; 75 FR 79083; 76 FR 8809; 76 FR 9856; 76 FR 11215; 76 FR 12216; 76 FR 15361; 76 FR 20076; 76 FR 21796; 76 FR 25766; 76 FR 29026; 76 FR 32016; 76 FR 32017; 76 FR 34133; 76 FR 34135; 76 FR 37885; 77 FR 70534; 77 FR 74734; 78 FR 9772; 78 FR 12815; 78 FR 12822; 78 FR 14410; 78 FR 16761; 78 FR 16762; 78 FR 16912; 78 FR 20376; 78 FR 22596; 78 FR 22598; 78 FR 22602; 78 FR 29431; 78 FR 30954; 78 FR 32703; 78 FR 32708; 78 FR 34140; 78 FR 34141; 78 FR 37270; 78 FR 37274; 78 FR 57677; 79 FR 73397; 80 FR 2473; 80 FR 3305; 80 FR 3308; 80 FR 9304; 80 FR 12248; 80 FR 12254; 80 FR 12547; 80 FR 14223; 80 FR 14240; 80 FR 15859; 80 FR 15863; 80 FR 16502; 80 FR 18693; 80 FR 20559; 80 FR 22773; 80 FR 25766; 80 FR 25768; 80 FR 26139; 80 FR 29149; 80 FR 29152; 80 FR 29154; 80 FR 31635; 80 FR 31640; 80 FR 31962; 80 FR 33009; 80 FR 33011; 80 FR 33324; 80 FR 45573; 80 FR 48409). 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 June 4, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 38 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 68719; 68 FR 2629; 68 FR 13360; 68 FR 19598; 68 FR 33570; 69 FR 33997; 69 FR 61292; 69 FR 64806; 69 FR 71100; 70 FR 2705; 70 FR 12265; 70 FR 16887; 70 FR 25878; 71 FR 63379; 72 FR 184; 72 FR 1050; 72 FR 1051; 72 FR 1053; 72 FR 5489; 72 FR 11425; 72 FR 11426; 72 FR 28093; 73 FR 78423; 74 FR 6207; 74 FR 7097; 74 FR 8302; 74 FR 8842; 74 FR 11988; 74 FR 15584; 74 FR 15586; 74 FR 20253; 74 FR 21427; 75 FR 79083; 76 FR 8809; 76 FR 9856; 76 FR 11215; 76 FR 11216; 76 FR 15361; 76 FR 20076; 76 FR 21796; 76 FR 29026; 77 FR 70534; 77 FR 74734; 78 FR 9772; 78 FR 12815; 78 FR 12822; 78 FR 14410; 78 FR 16761; 78 FR 16762; 78 FR 16912; 78 FR 22596; 78 FR 22602; 78 FR 29431; 78 FR 30954; 79 FR 73397; 80 FR 2473; 80 FR 3305; 80 FR 3308; 80 FR 9304; 80 FR 12248; 80 FR 12254; 80 FR 12547; 80 FR 14223; 80 FR 14240; 80 FR 15859; 80 FR 15863; 80 FR 16502; 80 FR 18693; 80 FR 20559; 80 FR 22773; 80 FR 25766; 80 FR 29152; 80 FR 33011; 80 FR 33324; 80 FR 45573): Charles D. Ashworth (KY) Jimmie L. Blue (MT) Ronald G. Bradley (IN) Terry L. Daneau (NH) Tracy A. Doty (TN) Glenn E. Dowell (IN) Jerald O. Edwards (ID) Kenneth E. Flack, Jr. (AL) Maylin E. Frickey (OR) Ramon L. Green (LA) Richard G. Gruber (SC) Matthew J. Hahn (PA) Gerald L. Harper (MO) Dennis K. Harris (GA) Leon E. Jackson (GA) Francisco J. Jimenez (TX) William D. Johnson (OK) Jimmy C. Killian (NC) Peter M. Kirby (NJ) Robert T. Lantry (MA) Phillip L. Mangen (OH) Clarence M. Miles (OK) Steven M. Montalbo (CA) Richard N. Moyer, Jr. (PA) Craig C. Perrotta (MA) Virgil A. Potts (CO) Donald G. Reed (FL) Vincent Rubino (NJ) Randy G. Spilman (OH) Joseph Stenberg (MT) Terrance W. Temple (OH) Thomas S. Thompson (NE) Jeffrey W. Tucker (IN) Russell E. Ward (NH) Robert A. Wegner (MN) Wayne A. Whitehead (NY) Thomas W. Workman (IL) Kevin D. Zaloudek (VT) The drivers were included in one of the following docket Nos: FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-12844; FMCSA-2003-14504; FMCSA-2004-17984; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0398; FMCSA-2009- [[Page 22381]] 0054; FMCSA-2011-0010; FMCSA-2012-0337; FMCSA-2013-0022; FMCSA-2013- 0024; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014- 0303; FMCSA-2014-0304; FMCSA-2014-0305. Their exemptions are effective as of June 4, 2017, and will expire on June 4, 2019. As of June 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 27 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 20376; 78 FR 34141; 80 FR 26139; 80 FR 29149; 80 FR 48409): Glenn Blanton (OH) Matthew J. Buersken (MN) Stephen M. Cook (PA) Roderick Croft (FL) Lawrence M. Davis (VT) Bobby C. Floyd (TN) Jayme L. Gilbert (NY) Jesse M. Greene (TN) Wesley D. Hogue (AR) Robert W. Kleve (IA) Anthony Lang (NH) Jason C. Laub (OH) Edward J. Lavin (CT) Wayne D. Litwiller, Sr. (IL) Collin C. Longacre (PA) Luther A. McKinney (VA) Steven J. McLain (TN) Raymond W. Meier (WA) Enes Milanovic (MI) Michael L. Penrod (IA) David P. Ramos (CA) Donie L. Rhoads (MT) Steven Schaumberg (NJ) Dale G. Stringer (TX) James B. Taflinger, Sr. (VA) Michael J. Tauriac, Jr. (LA) Ronald W. Thompson (WI) The drivers were included in one of the following docket Nos: FMCSA-2013-0025; FMCSA-2015-0048. Their exemptions are effective as of June 6, 2017, and will expire on June 6, 2019. As of June 12, 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 (74 FR 19267; 74 FR 28094; 76 FR 32016; 76 FR 32703; 80 FR 25768): Michael D. Abel (NE) Paul M. Christina (PA) Edward J. Grant (IL) Johnny K. Hiatt (NC) Jeffrey M. Mueller (MO) George M. Nelson (OH) Christopher A. Weidner (CT) Paul A. Wolfe (OH) The drivers were included in one of the following docket Nos: FMCSA-2008-0106; FMCSA-2009-0086. Their exemptions are effective as of June 12, 2017, and will expire on June 12, 2019. As of June 13, 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 vision requirements (70 FR 17504; 70 FR 30997; 72 FR 21313; 72 FR 27624; 72 FR 32703; 74 FR 23472; 76 FR 32017; 78 FR 32708; 80 FR 29154): Roosevelt Bell, Jr. (NC) David K. Boswell (TN) Bernabe V. Cerda (TX) Michael S. Crawford (IL) Rex A. Dyer (VT) Patrick J. Goebel (IA) Thomas A. Gotto (IA) Kenneth C. Reeves (OR) Thomas E. Summers, Sr. (OH) Daniel E. Watkins (FL) Tommy N. Whitworth (TX) The drivers were included in one of the following docket Nos: FMCSA-2005-20560; FMCSA-2007-27515. Their exemptions are effective as of June 13, 2017, and will expire on June 13, 2019. As of June 20, 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 (72 FR 21313; 72 FR 32703; 74 FR 11988; 74 FR 19267; 74 FR 21427; 74 FR 23472; 74 FR 28094; 76 FR 21796; 76 FR 32016; 76 FR 32017; 78 FR 12815; 78 FR 16912; 78 FR 22596; 78 FR 22598; 78 FR 22602; 78 FR 29431; 78 FR 32703; 78 FR 32708; 78 FR 37274; 80 FR 31635): Fred Boggs (WV) Russell A. Bolduc (CT) James M. Del Sasso (IL) Darryl W. Hardy (AL) Larry M. Hawkins (AZ) Terry L. Lipscomb (AL) Joseph E. Pfaff (IL) Dustin N. Sullivan (MD) The drivers were included in one of the following docket Nos: FMCSA-2007-27515; FMCSA-2009-0054; FMCSA-2009-0086; FMCSA-2013-0022; FMCSA-2013-0024; FMCSA-2013-0026. Their exemptions are effective as of June 20, 2017, and will expire on June 20, 2019. As of June 26, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 14 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (63 FR 66226; 64 FR 16517; 65 FR 20245; 65 FR 45817; 65 FR 57230; 65 FR 77066; 66 FR 17743; 66 FR 17994; 66 FR 33990; 67 FR 57266; 68 FR 35772; 70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 30997; 70 FR 33937; 72 FR 12666; 72 FR 25831; 72 FR 32705; 74 FR 15586; 74 FR 26464; 76 FR 21796; 76 FR 34135; 78 FR 34140; 80 FR 33009): Johnny A. Beutler (SD) Brett L. Condon (MD) Christopher A. Deadman (MI) Daryl A. Jester (DE) James P. Jones (ME) Clyde H. Kitzan (ND) Larry J. Lang (MI) William A. Moore, Jr. (NV) Richard S. Rehbein (MN) David E. Sanders (NC) David B. Speller (MN) Lynn D. Veach (IA) Harry S. Warren (FL) Michael C. Wines (MD) The drivers were included in one of the following docket Nos: FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2001-9258; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2007-27333. Their exemptions are effective as of June 26, 2017, and will expire on June 26, 2019. As of June 28, 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 vision requirements (76 FR 25766; 76 FR 37885; 78 FR 37270; 80 FR 31640): Jan M. Bernath (OH) Joseph L. Butler (IN) Shawn Carroll (OK) Walter C. Dean, Sr. (AL) Mark T. Gileau (CT) Peter D. Gouge (IA) Alan D. Harberts (IA) Wendell S. Sehen (OH) Gary E. Valentine (OH) Kevin W. Van Arsdol (CO) Charles Van Dyke (WI) The drivers were included in docket No. FMCSA-2011-0092. Their exemptions are effective as of June 28, 2017, and will expire on June 28, 2019. As of June 30, 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 (65 FR 78256; 66 FR 16311; 68 FR 13360; 70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 30997; 70 FR 37891; 72 FR 27624; 72 FR 34062; 74 FR 26471; 76 FR 34133; 78 FG 57677; 80 FR 31962): Edmund J. Barron (PA) Roger K. Cox (NJ) Thomas E. Howard (IN) The drivers were included in one of the following docket Nos: FMCSA-2000-8398; FMCSA-2005-20027; FMCSA-2005-20560. Their exemptions are effective as of June 30, 2017, and will expire on June 30, 2019. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each [[Page 22382]] 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 120 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: May 4, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-09740 Filed 5-12-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices 22379
vehicle safety and environmental DEPARTMENT OF TRANSPORTATION FMCSA–2006–26066; FMCSA–2007–
requirements and to promote 27333; FMCSA–2007–27515; FMCSA–
technological advancements in vehicle Federal Motor Carrier Safety 2008–0106; FMCSA–2008–0398;
safety systems and emissions Administration FMCSA–2009–0054; FMCSA–2009–
reductions. Mr. Helbing needs to drive [Docket No. FMCSA–1998–4334; FMCSA– 0086; FMCSA–2011–0010; FMCSA–
Daimler vehicles on public roads to 2000–7006; FMCSA–2000–7363; FMCSA– 2011–0092; FMCSA–2012–0337;
better understand ‘‘real world’’ 2000–7918; FMCSA–2000–8398; FMCSA– FMCSA–2013–0022; FMCSA–2013–
environments in the U.S. market. 2001–9258; FMCSA–2002–12844; FMCSA– 0024; FMCSA–2013–0025; FMCSA–
According to Daimler, Mr. Helbing will 2003–14504; FMCSA–2004–17984; FMCSA– 2013–0026; FMCSA–2014–0299;
2004–19477; FMCSA–2005–20027; FMCSA– FMCSA–2014–0300; FMCSA–2014–
typically drive for no more than 6 hours 2005–20560; FMCSA–2006–26066; FMCSA–
per day for 2 consecutive days, and that 0302; FMCSA–2014–0303; FMCSA–
2007–27333; FMCSA–2007–27515; FMCSA– 2014–0304; FMCSA–2014–0305;
10 percent of the test driving will be on 2008–0106; FMCSA–2008–0398; FMCSA–
FMCSA–2015–0048 using any of the
two-lane State highways, while 90 2009–0054; FMCSA–2009–0086; FMCSA–
2011–0010; FMCSA–2011–0092; FMCSA– following methods:
percent will be on Interstate highways.
The driving will consist of no more than 2012–0337; FMCSA–2013–0022; FMCSA– • Federal eRulemaking Portal: Go to
200 miles per day, for a total of 400
2013–0024; FMCSA–2013–0025; FMCSA– http://www.regulations.gov. Follow the
2013–0026; FMCSA–2014–0299; FMCSA– online instructions for submitting
miles during a two-day period on a 2014–0300; FMCSA–2014–0302; FMCSA– comments.
quarterly basis. He will in all cases be 2014–0303; FMCSA–2014–0304; FMCSA–
accompanied by a holder of a U.S. CDL 2014–0305; FMCSA–2015–0048] • Mail: Docket Management Facility;
who is familiar with the routes to be U.S. Department of Transportation, 1200
Qualification of Drivers; Exemption New Jersey Avenue, SE., West Building
traveled.
Applications; Vision Ground Floor, Room W12–140,
Mr. Helbing holds a valid German Washington, DC 20590–0001.
commercial license, and as explained by AGENCY: Federal Motor Carrier Safety
• Hand Delivery: West Building
Daimler in its exemption request, the Administration (FMCSA), DOT.
Ground Floor, Room W12–140, 1200
requirements for that license ensure that ACTION: Notice of renewal of New Jersey Avenue SE., Washington,
the same level of safety is met or exemptions; request for comments. DC, between 9 a.m. and 5 p.m., e.t.,
exceeded as if this driver had a U.S. Monday through Friday, except Federal
SUMMARY: FMCSA announces its
CDL. Furthermore, according to Holidays.
decision to renew exemptions for 120
Daimler, Mr. Helbing is familiar with individuals from the vision requirement • Fax: 1–202–493–2251.
the operation of CMVs worldwide. in the Federal Motor Carrier Safety Instructions: Each submission must
Daimler requests that the exemption Regulations (FMCSRs) for interstate include the Agency name and the
cover the maximum allowable duration commercial motor vehicle (CMV) docket number(s) for this notice. Note
of 5 years. drivers. The exemptions enable these that all comments received will be
IV. Method To Ensure an Equivalent or individuals to continue to operate CMVs posted without change to http://
Greater Level of Safety in interstate commerce without meeting www.regulations.gov, including any
the vision requirement in one eye. personal information provided. Please
FMCSA has previously determined DATES: Each group of renewed see the Privacy Act heading below for
that the process for obtaining a German exemptions was effective on the dates further information.
commercial license is comparable to, or stated in the discussions below and will Docket: For access to the docket to
as effective as, the requirements of part expire on the dates stated in the read background documents or
383, and adequately assesses the discussions below. Comments must be comments, go to http://
driver’s ability to operate CMVs in the received on or before June 14, 2017. www.regulations.gov at any time or
U.S. Since 2012, FMCSA has granted FOR FURTHER INFORMATION CONTACT: Ms. Room W12–140 on the ground level of
Daimler drivers similar exemptions Christine A. Hydock, Chief, Medical the West Building, 1200 New Jersey
[May 25, 2012 (77 FR 31422); July 22, Programs Division, 202–366–4001, Avenue SE., Washington, DC, between 9
2014 (79 FR 42626); March 27, 2015 (80 fmcsamedical@dot.gov, FMCSA, a.m. and 5 p.m., e.t., Monday through
FR 16511); October 5, 2015 (80 FR Department of Transportation, 1200 Friday, except Federal holidays. The
60220); July 12, 2016 (81 FR 45217); New Jersey Avenue SE., Room W64– FDMS is available 24 hours each day,
July 25, 2016 (81 FR 48496)]. 224, Washington, DC 20590–0001. 365 days each year. If you want
Office hours are from 8:30 a.m. to 5 acknowledgment that we received your
Issued on: May 8, 2017. p.m., e.t., Monday through Friday, comments, please include a self-
Larry W. Minor, except Federal holidays. If you have addressed, stamped envelope or
Associate Administrator for Policy. questions regarding viewing or postcard or print the acknowledgement
[FR Doc. 2017–09734 Filed 5–12–17; 8:45 am] submitting material to the docket, page that appears after submitting
BILLING CODE 4910–EX–P
contact Docket Services, telephone (202) comments online.
366–9826. Privacy Act: In accordance with 5
ADDRESSES: You may submit comments U.S.C. 553(c), DOT solicits comments
bearing the Federal Docket Management from the public to better inform its
System (FDMS) Docket No. FMCSA– rulemaking process. DOT posts these
jstallworth on DSK7TPTVN1PROD with NOTICES
1998–4334; FMCSA–2000–7006; comments, without edit, including any
FMCSA–2000–7363; FMCSA–2000– personal information the commenter
7918; FMCSA–2000–8398; FMCSA– provides, to http://www.regulations.gov,
2001–9258; FMCSA–2002–12844; as described in the system of records
FMCSA–2003–14504; FMCSA–2004– notice (DOT/ALL–14 FDMS), which can
17984; FMCSA–2004–19477; FMCSA– be reviewed at http://www.dot.gov/
2005–20027; FMCSA–2005–20560; privacy.
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![22382 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices
driver must undergo an annual physical DEPARTMENT OF TRANSPORTATION docket number for this notice. Note that
examination (a) by an ophthalmologist DOT posts all comments received
or optometrist who attests that the Federal Motor Carrier Safety without change to http://
vision in the better eye continues to Administration www.regulations.gov, including any
meet the requirements in 49 CFR [Docket No. FMCSA–2006–26601; FMCSA– personal information included in a
391.41(b)(10), and (b) by a certified 2009–0115; FMCSA–2011–0080; FMCSA– comment. Please see the Privacy Act
Medical Examiner, as defined by 49 CFR 2011–0093; FMCSA–2011–0103; FMCSA– heading below.
390.5, who attests that the driver is 2013–0015; FMCSA–2013–0016; FMCSA– Docket: For access to the docket to
otherwise physically qualified under 49 2013–0017; FMCSA–2015–0058; FMCSA– read background documents or
2015–0059] comments, go to http://
CFR 391.41; (2) each driver must
provide a copy of the ophthalmologist’s www.regulations.gov at any time or
Qualification of Drivers; Exemption Room W12–140 on the ground level of
or optometrist’s report to the Medical Applications; Diabetes the West Building, 1200 New Jersey
Examiner at the time of the annual
AGENCY: Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
medical examination; and (3) each
Administration (FMCSA), DOT. a.m. and 5 p.m., e.t., Monday through
driver must provide a copy of the Friday, except Federal holidays. The
annual medical certification to the ACTION: Notice of renewal of
exemptions; request for comments. Federal Docket Management System
employer for retention in the driver’s (FDMS) is available 24 hours each day,
qualification file and retains a copy of SUMMARY: FMCSA announces its 365 days each year. If you want
the certification on his/her person while decision to renew the exemptions of 145 acknowledgment that we received your
driving for presentation to a duly individuals from its rule prohibiting comments, please include a self-
authorized Federal, State, or local persons with insulin-treated diabetes addressed, stamped envelope or
enforcement official. The exemption mellitus (ITDM) from operating postcard or print the acknowledgement
will be rescinded if: (1) The person fails commercial motor vehicles (CMVs) in page that appears after submitting
to comply with the terms and interstate commerce. FMCSA has comments on-line.
conditions of the exemption; (2) the statutory authority to exempt Privacy Act: Anyone may search the
exemption has resulted in a lower level individuals from this rule if the electronic form of all comments
of safety than was maintained before it exemptions granted will not received into any of our dockets by the
was granted; or (3) continuation of the compromise safety. The Agency has name of the individual submitting the
exemption would not be consistent with concluded that granting these comment (or of the person signing the
the goals and objectives of 49 U.S.C. exemption renewals will provide a level comment, if submitted on behalf of an
31136(e) and 31315. of safety that is equivalent to or greater association, business, labor union, etc.).
than the level of safety maintained You may review DOT’s Privacy Act
IV. Preemption without the exemptions for these CMV Statement for the Federal Docket
drivers. Management System (FDMS) published
During the period the exemption is in in the Federal Register on January 17,
effect, no State shall enforce any law or DATES: Each group of renewed
exemptions are effective from the dates 2008 (73 FR 3316).
regulation that conflicts with this
stated in the discussions below. FOR FURTHER INFORMATION CONTACT: Ms.
exemption with respect to a person
Comments must be received on or Christine A. Hydock, Chief, Medical
operating under the exemption.
before June 14, 2017. Programs Division, 202–366–4001,
VI. Conclusion ADDRESSES: You may submit comments fmcsamedical@dot.gov, FMCSA,
bearing the Federal Docket Management Department of Transportation, 1200
Based upon its evaluation of the 120 System (FDMS) numbers: Docket No. New Jersey Avenue SE., Room W64–
exemption applications, FMCSA renews FMCSA–2006–26601; FMCSA–2009– 113, Washington, DC 20590–0001.
the exemptions of the aforementioned 0115; FMCSA–2011–0080; FMCSA– Office hours are from 8 a.m. to 5:30 p.m.
drivers from the vision requirement in 2011–0093; FMCSA–2011–0103; e.t., Monday through Friday, except
49 CFR 391.41(b)(10), subject to the FMCSA–2013–0015; FMCSA–2013– Federal holidays.
requirements cited above (49 CFR 0016; FMCSA–2013–0017; FMCSA– SUPPLEMENTARY INFORMATION:
391.64(b)). In accordance with 49 U.S.C. 2015–0058; FMCSA–2015–0059 using
31136(e) and 31315, each exemption I. Background
any of the following methods:
will be valid for two years unless • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
revoked earlier by FMCSA. http://www.regulations.gov. Follow the FMCSA may renew an exemption from
on-line instructions for submitting the Federal Motor Carrier Safety
Issued on: May 4, 2017.
comments. Regulations 2-year period if it finds
Larry W. Minor, • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
Associate Administrator for Policy. U.S. Department of Transportation, 1200 level of safety that is equivalent to or
[FR Doc. 2017–09740 Filed 5–12–17; 8:45 am] New Jersey Avenue SE., West Building greater than the level that would be
BILLING CODE 4910–EX–P Ground Floor, Room W12–140, achieved absent such exemption.’’ The
Washington, DC 20590–0001. statute also allows the Agency to renew
• Hand Delivery or Courier: West exemptions at the end of the 2-year
period. The 145 individuals listed in
jstallworth on DSK7TPTVN1PROD with NOTICES
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., this notice have recently become
Washington, DC, between 9 a.m. and 5 eligible for a renewed exemption from
p.m., e.t., Monday through Friday, the diabetes prohibition in 49 CFR
except Federal Holidays. 391.41(b)(3), which applies to drivers of
• Fax: 1–202–493–2251. CMVs in interstate commerce. The
Instructions: Each submission must drivers remain in good standing with
include the Agency name and the the Agency, have maintained their
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Document Created: 2017-05-13 02:38:49
Document Modified: 2017-05-13 02:38:49
| 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 June 14, 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 22379 |
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