82 FR 32916 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 136 (July 18, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 136 (July 18, 2017)
| Page Range | 32916-32918 | |
| FR Document | 2017-15021 |
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)] [Notices] [Pages 32916-32918] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15021] ----------------------------------------------------------------------- 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 final disposition. ----------------------------------------------------------------------- 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. 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. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http//www.regulations.gov and/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. 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. II. Background On May 15, 2017, FMCSA published a notice announcing its decision to renew exemptions for 120 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (82 FR 22379). The public comment period ended on June 14, 2017, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(10). 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. III. Discussion of Comments FMCSA received no comments in this preceding. VI. Conclusion 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 [[Page 32917]] 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-2009-0054; 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 eight 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 eight 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) [[Page 32918]] 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 three 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. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: July 7, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-15021 Filed 7-17-17; 8:45 am] BILLING CODE 4910-EX-P
![32916 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
Jackson (NC), Kimm D. Jacobson DEPARTMENT OF TRANSPORTATION West Building, 1200 New Jersey Avenue
(MN), Daryl D. Jibben (MN), Jimmy G. SE., Washington, DC, between 9 a.m.
Lee, Jr. (NC), Daniel S. May (IA), Federal Motor Carrier Safety and 5 p.m., e.t., Monday through Friday,
Gerald D. McElya (TX), Donald B. Administration except Federal holidays.
Ramaley (PA), Floyd M. Tyler (PA). Privacy Act: In accordance with 5
[Docket No. FMCSA–1998–4334; FMCSA–
2000–7006; FMCSA–2000–7363; FMCSA– U.S.C. 553(c), DOT solicits comments
The drivers were included in docket from the public to better inform its
2000–7918; FMCSA–2000–8398; FMCSA–
No. FMCSA–2011–0103. Their 2001–9258; FMCSA–2002–12844; FMCSA– rulemaking process. DOT posts these
exemptions are effective as of June 24, 2003–14504; FMCSA–2004–17984; FMCSA– comments, without edit, including any
2017, and will expire on June 24, 2019. 2004–19477; FMCSA–2005–20027; FMCSA– personal information the commenter
As of June 28, 2017, and in 2005–20560; FMCSA–2006–26066; FMCSA– provides, to http://www.regulations.gov,
2007–27333; FMCSA–2007–27515; FMCSA– as described in the system of records
accordance with 49 U.S.C. 31136(e) and 2008–0106; FMCSA–2008–0398; FMCSA–
31315, the following seven individuals notice (DOT/ALL–14 FDMS), which can
2009–0054; FMCSA–2009–0086; FMCSA–
have satisfied the renewal conditions for be reviewed at http://www.dot.gov/
2011–0010; FMCSA–2011–0092; FMCSA–
obtaining an exemption from the rule 2012–0337; FMCSA–2013–0022; FMCSA– privacy.
prohibiting drivers with ITDM from 2013–0024; FMCSA–2013–0025; FMCSA– II. Background
driving CMVs in interstate commerce 2013–0026; FMCSA–2014–0299; FMCSA–
2014–0300; FMCSA–2014–0302; FMCSA– On May 15, 2017, FMCSA published
(76 FR 21792; 76 FR 37882): 2014–0303; FMCSA–2014–0304; FMCSA– a notice announcing its decision to
Terry J. Johnson (MN), Todd L. 2014–0305; FMCSA–2015–0048] renew exemptions for 120 individuals
McAuley (NC), Stephen A. Miles from the vision requirement in 49 CFR
Qualification of Drivers; Exemption 391.41(b)(10) to operate a CMV in
(OH), Edgar M. Ridlon, Jr. (VT),
Applications; Vision interstate commerce and requested
Andrew M. Schutt (IL), John W.
Wortman (WI), Kemlyn K. Yowell AGENCY: Federal Motor Carrier Safety comments from the public (82 FR
Administration (FMCSA), DOT. 22379). The public comment period
(OH).
ended on June 14, 2017, and no
ACTION: Notice of final disposition.
The drivers were included in docket comments were received.
No. FMCSA–2011–0093. Their SUMMARY: FMCSA announces its As stated in the previous notice,
exemptions are effective as of June 28, decision to renew exemptions for 120 FMCSA has evaluated the eligibility of
2017, and will expire on June 28, 2019. individuals from the vision requirement these applicants and determined that
in the Federal Motor Carrier Safety renewing these exemptions would
In accordance with 49 U.S.C. 31315, achieve a level of safety equivalent to or
each exemption will be valid for two Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV) greater than the level that would be
years from the effective date unless achieved by complying with the current
drivers. The exemptions enable these
revoked earlier by FMCSA. The regulation 49 CFR 391.41(b)(10).
individuals to continue to operate CMVs
exemption will be revoked if the The physical qualification standard
in interstate commerce without meeting
following occurs: (1) The person fails to the vision requirement in one eye. for drivers regarding vision found in 49
comply with the terms and conditions CFR 391.41(b)(10) states that a person is
DATES: Each group of renewed
of the exemption; (2) the exemption has physically qualified to driver a CMV if
exemptions was effective on the dates that person:
resulted in a lower level of safety than
stated in the discussions below and will
was maintained prior to being granted; expire on the dates stated in the Has distant visual acuity of at least 20/40
or (3) continuation of the exemption discussions below. (Snellen) in each eye without corrective
would not be consistent with the goals lenses or visual acuity separately corrected to
FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) or better with corrective
and objectives of 49 U.S.C. 31136 and Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least 20/
31315. Programs Division, 202–366–4001, 40 (Snellen) in both eyes with or without
Issued on: July 7, 2017. fmcsamedical@dot.gov, FMCSA, corrective lenses, field of vision of at least
Larry W. Minor, Department of Transportation, 1200 70° in the horizontal meridian in each eye,
New Jersey Avenue SE., Room W64– and the ability to recognize the colors of
Associate Administrator for Policy. traffic signals and devices showing red,
[FR Doc. 2017–15029 Filed 7–17–17; 8:45 am]
224, Washington, DC 20590–0001. green, and amber.
Office hours are from 8:30 a.m. to 5
BILLING CODE 4910–EX–P III. Discussion of Comments
p.m., e.t., Monday through Friday,
except Federal holidays. If you have FMCSA received no comments in this
questions regarding viewing or preceding.
submitting material to the docket,
contact Docket Services, telephone (202) VI. Conclusion
366–9826. As of June 4, 2017, and in accordance
SUPPLEMENTARY INFORMATION: with 49 U.S.C. 31136(e) and 31315, the
following 38 individuals have satisfied
I. Electronic Access the conditions for obtaining a renewed
You may see all the comments online exemption from the vision requirements
(65 FR 66286; 65 FR 78256; 66 FR
sradovich on DSK3GMQ082PROD with NOTICES
through the Federal Document
Management System (FDMS) at: http:// 13825; 66 FR 16311; 67 FR 68719; 68 FR
www.regulations.gov. 2629; 68 FR 13360; 68 FR 19598; 68 FR
Docket: For access to the docket to 33570; 69 FR 33997; 69 FR 61292; 69 FR
read background documents or 64806; 69 FR 71100; 70 FR 2705; 70 FR
comments, go to http// 12265; 70 FR 16887; 70 FR 25878; 71 FR
www.regulations.gov and/or Room 63379; 72 FR 184; 72 FR 1050; 72 FR
W12–140 on the ground level of the 1051; 72 FR 1053; 72 FR 5489; 72 FR
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![32918 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
Brett L. Condon (MD) exemption will be revoked if the contact Docket Services, telephone (202)
Christopher A. Deadman (MI) following occurs: (1) the person fails to 366–9826.
Daryl A. Jester (DE) comply with the terms and conditions SUPPLEMENTARY INFORMATION:
James P. Jones (ME) of the exemption; (2) the exemption has
Clyde H. Kitzan (ND) resulted in a lower level of safety than Background
Larry J. Lang (MI) was maintained prior to being granted; FMCSA has authority under 49 U.S.C.
William A. Moore, Jr. (NV) or (3) continuation of the exemption 31136(e) and 31315 to grant exemptions
Richard S. Rehbein (MN) would not be consistent with the goals from certain Federal Motor Carrier
David E. Sanders (NC) and objectives of 49 U.S.C. 31136 and Safety Regulations (FMCSRs). FMCSA
David B. Speller (MN) 31315. must publish a notice of each exemption
Lynn D. Veach (IA) request in the Federal Register (49 CFR
Harry S. Warren (FL) Issued on: July 7, 2017.
381.315(a)). The Agency must provide
Michael C. Wines (MD) Larry W. Minor,
the public an opportunity to inspect the
The drivers were included in one of Associate Administrator for Policy. information relevant to the application,
the following docket Nos: FMCSA– [FR Doc. 2017–15021 Filed 7–17–17; 8:45 am] including any safety analyses that have
1998–4334; FMCSA–2000–7006; BILLING CODE 4910–EX–P been conducted. The Agency must also
FMCSA–2000–7363; FMCSA–2001– provide an opportunity for public
9258; FMCSA–2005–20027; FMCSA– comment on the request.
2005–20560; FMCSA–2007–27333. DEPARTMENT OF TRANSPORTATION FMCSA reviews safety analyses and
Their exemptions are effective as of June public comments submitted, and
Federal Motor Carrier Safety determines whether granting the
26, 2017, and will expire on June 26,
Administration exemption would likely achieve a level
2019.
As of June 28, 2017, and in of safety equivalent to, or greater than,
accordance with 49 U.S.C. 31136(e) and [Docket No. FMCSA–2016–0244] the level that would be achieved by the
31315, the following 11 individuals current regulation (49 CFR 381.305).
Hours of Service of Drivers: Transco, The decision of the Agency and the
have satisfied the conditions for
Inc.; Application for Exemption reasons for denying an application must
obtaining a renewed exemption from the
vision requirements (76 FR 25766; 76 AGENCY: Federal Motor Carrier Safety be published in the Federal Register (49
FR 37885; 78 FR 37270; 80 FR 31640): Administration (FMCSA), DOT. CFR 381.315(b)).
Jan M. Bernath (OH) On December 27, 2011 (76 FR 81133),
ACTION: Notice of final determination;
Joseph L. Butler (IN) FMCSA published a final rule amending
denial of application for exemption. its hours-of-service (HOS) regulations
Shawn Carroll (OK)
Walter C. Dean, Sr. (AL) SUMMARY: FMCSA announces its for drivers of property-carrying CMVs.
Mark T. Gileau (CT) decision to deny the application of The rule included a provision requiring
Peter D. Gouge (IA) Transco, Inc. (Transco) (USDOT # many CMV drivers to take a rest break
Alan D. Harberts (IA) 1062707) for an exemption from the 30- during the work day. Drivers may drive
Wendell S. Sehen (OH) minute rest break provision of the a CMV only if 8 hours or less have
Gary E. Valentine (OH) Agency’s hours-of-service (HOS) passed since the end of the driver’s last
Kevin W. Van Arsdol (CO) regulations for commercial motor off-duty or sleeper-berth period of at
Charles Van Dyke (WI) vehicle (CMV) drivers. Transco asked least 30 minutes. FMCSA did not
that its drivers be permitted to comply specify when drivers must take the 30-
The drivers were included in docket
with the 30-minute rest break minute break, but the rule requires that
No. FMCSA–2011–0092. Their
requirement while performing ‘‘on-duty, they wait no longer than 8 hours after
exemptions are effective as of June 28,
not-driving’’ tasks. Due to the nature of the last off-duty or sleeper-berth period
2017, and will expire on June 28, 2019.
its operations, Transco believes that of that length or longer to take the break
As of June 30, 2017, and in
compliance with the 30-minute rest if they want to continue driving (49 CFR
accordance with 49 U.S.C. 31136(e) and
break provision negatively impacts the 395.3(a)(3)(ii)).
31315, the following three individuals
have satisfied the conditions for overall safety and general health of its III. Request for Exemption
obtaining a renewed exemption from the CMV drivers. FMCSA has analyzed the Transco seeks an exemption from the
vision requirements (65 FR 78256; 66 exemption application and public 30-minute rest break provision. Transco,
FR 16311; 68 FR 13360; 70 FR 2701; 70 comments, and has determined that the operating through McLane Company,
FR 16887; 70 FR 17504; 70 FR 30997; applicant would not achieve a level of Inc., employs over 4,000 drivers who
70 FR 37891; 72 FR 27624; 72 FR 34062; safety that is equivalent to, or greater deliver freight from distribution centers
74 FR 26471; 76 FR 34133; 78 FG 57677; than, the level that would be achieved to grocery stores and restaurants
80 FR 31962): absent such exemption. throughout the United States. Transco
Edmund J. Barron (PA) DATES: FMCSA denied the application drivers make an average of nine stops
Roger K. Cox (NJ) for exemption by letter dated February per day during which they offload
Thomas E. Howard (IN) 27, 2017, after notice and opportunity freight to customers. Transco contends
The drivers were included in one of for public comment. that because its operations differ greatly
the following docket Nos: FMCSA– FOR FURTHER INFORMATION CONTACT: For from long-haul operations it should not
2000–8398; FMCSA–2005–20027; information concerning this notice, be subject to the rest break requirement.
sradovich on DSK3GMQ082PROD with NOTICES
FMCSA–2005–20560. Their exemptions contact Mr. Thomas Yager, Chief, It contends that the frequent stops serve
are effective as of June 30, 2017, and FMCSA Driver and Carrier Operations the purpose of the 30-minute rest break
will expire on June 30, 2019. Division; Office of Carrier, Driver and because they break the monotony and
In accordance with 49 U.S.C. 31315, Vehicle Safety Standards; Telephone: stress of driving for Transco’s drivers.
each exemption will be valid for two 614–942–6477. Email: MCPSD@dot.gov. Transco argues that physically-active
years from the effective date unless If you have questions on viewing or offloading is in fact better for the health
revoked earlier by FMCSA. The submitting material to the docket, of its drivers than 30 minutes free of
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Document Created: 2018-10-24 11:25:50
Document Modified: 2018-10-24 11:25:50
| 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 final disposition. | |
| 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. | |
| 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 32916 |
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