82 FR 33542 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 138 (July 20, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 138 (July 20, 2017)
| Page Range | 33542-33544 | |
| FR Document | 2017-14919 |
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)] [Notices] [Pages 33542-33544] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14919] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26653; FMCSA-2007-27333; FMCSA-2008-0021; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2010-0327; FMCSA-2010-0413; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2014-0048; FMCSA-2015-0049; FMCSA-2015-0052] 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 88 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 applicable 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 August 21, 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-2005-20027; FMCSA-2005-20560; FMCSA-2006-26653; FMCSA-2007-27333; FMCSA-2008-0021; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2010-0327; FMCSA-2010-0413; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2014-0048; FMCSA-2015-0049; FMCSA-2015-0052 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such exemption would likely achieve a level of safety that is 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 88 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 [[Page 33543]] 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 88 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 30997; 72 FR 8417; 72 FR 12666; 72 FR 25831; 72 FR 27624; 72 FR 36099; 73 FR 15567; 73 FR 27015; 74 FR 7097; 74 FR 11988; 74 FR 15584; 74 FR 19270; 74 FR 21427; 74 FR 21796; 74 FR 26461; 74 FR 26466; 74 FR 34630; 75 FR 19674; 75 FR 65057; 75 FR 79081; 76 FR 1493; 76 FR 12408; 76 FR 17481; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29022; 76 FR 34135; 76 FR 37168; 76 FR 37173; 76 FR 37885; 76 FR 44082; 77 FR 23797; 77 FR 74731; 78 FR 800; 78 FR 12811; 78 FR 12815; 78 FR 22596; 78 FR 22602; 78 FR 24300; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 34140; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 78 FR 57679; 79 FR 23797; 80 FR 603; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80 FR 16502; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29152; 80 FR 31636; 80 FR 31640; 80 FR 31957; 80 FR 33007; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 45573; 80 FR 48404; 80 FR 48409; 80 FR 48413). 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 July 2, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 32 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 30997; 72 FR 8417; 72 FR 27624; 72 FR 36099; 73 FR 15567; 73 FR 27015; 74 FR 7097; 74 FR 11988; 74 FR 15584; 74 FR 19270; 74 FR 21427; 74 FR 21796; 74 FR 26466; 75 FR 19674; 75 FR 65057; 76 FR 17481; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 37173; 76 FR 37885; 77 FR 23797; 77 FR 74731; 78 FR 800; 78 FR 12811; 78 FR 12815; 78 FR 22596; 78 FR 22602; 78 FR 24300; 78 FR 26106; 78 FR 37270; 78 FR 57679; 79 FR 23797; 80 FR 603; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80 FR 16502; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29152; 80 FR 31640; 80 FR 31957; 80 FR 33011; 80 FR 45573; 80 FR 48409): Michael W. Anderson (NM) Michael R. Bradford (MD) Ralph H. Bushman (IL) William D. Cardiff (IL) John J. Caricola, Jr. (NC) Adan Cortes-Juarez (WA) David L. Ellis (OK) Denise M. Engle (GA) Robert A. Goerl, Jr. (PA) Wade M. Hillmer (MN) Paul M. Hinkson (TN) Michael W. Jensen (CA) Clifford D. Johnson (VA) Michael Lafferty (ID) Mark L. LeBlanc (MN) Michael J. McGregan (FL) Felix L. McLean (NM) Anthony R. Miles (NV) Jerry D. Paul (OK) John P. Perez (FL) Raymond W. Pitts (FL) William A. Ramirez Vasquez (CA) Donald W. Randall (OR) Raymond Sherrill (PA) Kyle C. Shover (NJ) Charles H. Smith (IN) George Stapleton (GA) David B. Stone (OK) David M. Stout (OR) James K. Waites (AR) John E. Westbrook (LA) Jason R. White (OH) The drivers were included in one of the following docket Nos: FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26653; FMCSA-2008-0021; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2010-0327; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0048. Their exemptions are applicable as of July 2, 2017, and will expire on July 2, 2019. As of July 7, 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 (80 FR 31636; 80 FR 48413): Robert A. Buckley (IN) Jose J. Guzman-Olguin (IL) Stephen T. Hines (NJ) James J. Keranen (MI) Herbert S. Lear (PA) Nathan C. Nissen (IA) Gregory S. Richter (PA) George Tomecek (PA) The drivers were included in docket No. FMCSA-2015-0049. Their exemptions are applicable as of July 7, 2017, and will expire on July 7, 2019. As of July 9, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 5 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (78 FR 41188; 78 FR 27281; 78 FR 41188; 80 FR 33007): Brian G. Dvorak (IL) Charles T. Spears (VA) Brian E. Tessman (WI) Gregory J. Thurston (PA) Donald Torbett (IA) The drivers were included in docket No. FMCSA-2013-0028. Their exemptions are applicable as of July 9, 2017, and will expire on July 9, 2019. As of July 16, 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 (74 FR 26461; 74 FR 34630; 76 FR 1493; 76 FR 12408; 76 FR 37168; 78 FR 51269): Steven L. Forristall (WI) Rocky D. Gysberg (MN) Charles H. Lefew (VA) Joseph B. Peacock (NC) James M. Tennyson (MD) Steven L. Thomas (IN) Daniel A. Wescott (CO) The drivers were included in one of the following docket Nos: FMCSA-2009-0413; FMCSA-2009-0121. Their exemptions are applicable as of July 16, 2017, and will expire on July 16, 2019. As of July 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 12 individuals have satisfied [[Page 33544]] the conditions for obtaining a renewed exemption from the vision requirements (72 FR 72666; 72 FR 25831; 74 FR 19270; 76 FR 29022; 76 FR 34135; 76 FR 44082; 78 FR 34140; 78 FR 51268; 80 FR 36398): Stanley C. Anders (SD) Joel A. Cabrera (FL) Sherman W. Clapper (ID) Eric Esplin (UT) Ronald R. Fournier (NY) Ronald D. Jackman II (NV) Thomas W. Kent (IN) Robert J. MacInnis (MA) Steven A. Proctor (TX) Rodney W. Sukalski (MN) Larry D. Warneke (WA) Lonnie Wendinger (MN) The drivers were included in one of the following docket Nos: FMCSA-2007-27333; FMCSA-2011-0102. Their exemptions are applicable as of July 22, 2017, and will expire on July 22, 2019. As of July 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 19 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 35699; 80 FR 48404): Robert J. Bickel (MI) Steven R. Brinegar (TX) Garry D. Burkholder (PA) Dennis W. Cosens (NM) William J. Garigulo (OH) Wladyslaw Gogola (IL) Antonio Gomez (PA) Mark A. Grenier (CT) Acquillious Jackson III (SC) Jimmy D. Johnson, II (TN) Bradley J. Kearl (UT) Larry G. Kreke (IL) Christopher P. Mrockza (MD) Gary A. Oster (OR) Mark A. Pleskovitch (IL) Edward J. Puto (CT) Andrew P. Risner (OH) Kyle B. Sharp (MI) Francis A. St. Pierre (NH) The drivers were included docket No. FMCSA-2015-0052. Their exemptions are applicable as of July 23, 2017, and will expire on July 23, 2019. As of July 31, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 5 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 25766; 76 FR 37885; 78 FR 37270; 80 FR 31640): Anthony Luciano (CT) David McKinney (OR) Frank L. O'Rourke (NY) Larry F. Reber (OH) Edward Swaggerty, Jr. (OH) The drivers were included in docket No. FMCSA-2011-0092. Their exemptions are applicable as of July 31, 2017, and will expire on July 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 v\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 88 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: June 8, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-14919 Filed 7-19-17; 8:45 am] BILLING CODE 4910-EX-P
![33542 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
determining State compliance. The ACTION:Notice of renewal of docket number(s) for this notice. Note
FHWA has determined that an annual exemptions; request for comments. that all comments received will be
certification of compliance by each State posted without change to http://
is the least obtrusive means of SUMMARY: FMCSA announces its www.regulations.gov, including any
administering the provisions of the decision to renew exemptions for 88 personal information provided. Please
legislative mandate. In addition, States individuals from the vision requirement see the Privacy Act heading below for
are required to retain for 1 year a in the Federal Motor Carrier Safety further information.
Schedule 1, IRS Form 2290, Heavy Regulations (FMCSRs) for interstate Docket: For access to the docket to
Vehicle Use Tax Return (or other commercial motor vehicle (CMV) read background documents or
suitable alternative provided by drivers. The exemptions enable these comments, go to http://
regulation). The FHWA conducts individuals to continue to operate CMVs www.regulations.gov at any time or
compliance reviews at least once every in interstate commerce without meeting Room W12–140 on the ground level of
3 years to determine if the annual the vision requirement in one eye. the West Building, 1200 New Jersey
certification is adequate to ensure DATES: Each group of renewed Avenue SE., Washington, DC, between 9
effective administration of 23 U.S.C. exemptions was applicable on the dates a.m. and 5 p.m., e.t., Monday through
141(c). stated in the discussions below and will Friday, except Federal holidays. The
The estimated annual reporting expire on the dates stated in the FDMS is available 24 hours each day,
burden is 102 hours; the estimated discussions below. Comments must be 365 days each year. If you want
recordkeeping burden is 510 hours for a received on or before August 21, 2017. acknowledgment that we received your
total of 612 hours. The 50 States and the FOR FURTHER INFORMATION CONTACT: Ms. comments, please include a self-
District of Columbia share this burden. Christine A. Hydock, Chief, Medical addressed, stamped envelope or
Preparing and processing the annual Programs Division, 202–366–4001, postcard or print the acknowledgement
certification is estimated to require 2 fmcsamedical@dot.gov, FMCSA, page that appears after submitting
hours per State. Recordkeeping is Department of Transportation, 1200 comments online.
estimated to require an average of 10 New Jersey Avenue SE., Room W64– Privacy Act: In accordance with 5
hours per State. 224, Washington, DC 20590–0001. U.S.C. 553(c), DOT solicits comments
Respondents: 50 State Transportation Office hours are from 8:30 a.m. to 5 from the public to better inform its
Departments, and the District of p.m., e.t., Monday through Friday, rulemaking process. DOT posts these
Columbia for a total of 51 respondents. except Federal holidays. If you have comments, without edit, including any
Frequency: Annually. questions regarding viewing or personal information the commenter
Estimated Average Annual Burden submitting material to the docket, provides, to http://www.regulations.gov,
per Response: The average burden to contact Docket Services, telephone (202) as described in the system of records
submit the certification and to retain 366–9826. notice (DOT/ALL–14 FDMS), which can
required records is 12 hours per ADDRESSES: You may submit comments be reviewed at http://www.dot.gov/
respondent. bearing the Federal Docket Management privacy.
Estimated Total Annual Burden System (FDMS) Docket No. FMCSA–
Hours: Total estimated average annual 2005–20027; FMCSA–2005–20560; I. Background
burden is 612 hours. FMCSA–2006–26653; FMCSA–2007– Under 49 U.S.C. 31136(e) and 31315,
Authority: The Paperwork Reduction Act 27333; FMCSA–2008–0021; FMCSA– FMCSA may grant an exemption for two
of 1995; 44 U.S.C. Chapter 35, as amended; 2008–0398; FMCSA–2009–0054; years if it finds ‘‘such exemption would
and 49 CFR 1.48. FMCSA–2009–0121; FMCSA–2010– likely achieve a level of safety that is
Issued on: July 11, 2017. 0327; FMCSA–2010–0413; FMCSA– equivalent to or greater than the level
Michael Howell, 2011–0024; FMCSA–2011–0092; that would be achieved absent such
Information Collection Officer. FMCSA–2011–0102; FMCSA–2012– exemption.’’ The statute also allows the
0338; FMCSA–2013–0022; FMCSA– Agency to renew exemptions at the end
[FR Doc. 2017–15185 Filed 7–19–17; 8:45 am]
2013–0027; FMCSA–2013–0028; of the two-year period.
BILLING CODE 4910–22–P
FMCSA–2014–0302; FMCSA–2014– The physical qualification standard
0304; FMCSA–2014–0305; FMCSA– for drivers regarding vision found in 49
DEPARTMENT OF TRANSPORTATION 2014–0048; FMCSA–2015–0049; CFR 391.41(b)(10) states that a person is
FMCSA–2015–0052 using any of the physically qualified to driver a CMV if
Federal Motor Carrier Safety following methods: that person:
Administration • Federal eRulemaking Portal: Go to Has distant visual acuity of at least 20/40
http://www.regulations.gov. Follow the (Snellen) in each eye without corrective
[Docket No. FMCSA–2005–20027; FMCSA– online instructions for submitting lenses or visual acuity separately corrected to
2005–20560; FMCSA–2006–26653; FMCSA–
comments. 20/40 (Snellen) or better with corrective
2007–27333; FMCSA–2008–0021; FMCSA–
2008–0398; FMCSA–2009–0054; FMCSA–
• Mail: Docket Management Facility; lenses, distant binocular acuity of a least
2009–0121; FMCSA–2010–0327; FMCSA– U.S. Department of Transportation, 1200 20/40 (Snellen) in both eyes with or without
2010–0413; FMCSA–2011–0024; FMCSA– New Jersey Avenue SE., West Building corrective lenses, field of vision of at least
2011–0092; FMCSA–2011–0102; FMCSA– Ground Floor, Room W12–140, 70° in the horizontal meridian in each eye,
2012–0338; FMCSA–2013–0022; FMCSA– Washington, DC 20590–0001. and the ability to recognize the colors of
• Hand Delivery: West Building traffic signals and devices showing red,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2013–0027; FMCSA–2013–0028; FMCSA–
2014–0302; FMCSA–2014–0304; FMCSA– green, and amber.
Ground Floor, Room W12–140, 1200
2014–0305; FMCSA–2014–0048; FMCSA– New Jersey Avenue SE., Washington, The 88 individuals listed in this
2015–0049; FMCSA–2015–0052] notice have requested renewal of their
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal exemptions from the vision standard in
Qualification of Drivers; Exemption
holidays. 49 CFR 391.41(b)(10), in accordance
Applications; Vision
• Fax: 1–202–493–2251. with FMCSA procedures. Accordingly,
AGENCY:Federal Motor Carrier Safety Instructions: Each submission must FMCSA has evaluated these
Administration (FMCSA), DOT. include the Agency name and the applications for renewal on their merits
VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/82_FR_33680/page/1.svg)
![33544 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
the conditions for obtaining a renewed Conditions and Requirements DEPARTMENT OF TRANSPORTATION
exemption from the vision requirements
(72 FR 72666; 72 FR 25831; 74 FR The exemptions are extended subject Federal Motor Carrier Safety
19270; 76 FR 29022; 76 FR 34135; 76 FR to the following conditions: (1) Each Administration
44082; 78 FR 34140; 78 FR 51268; 80 FR driver must undergo an annual physical
[Docket No. FMCSA–2006–24016; FMCSA–
36398): examination (a) by an ophthalmologist 2009–0067; FMCSA–2011–0040; FMCSA–
Stanley C. Anders (SD) or optometrist who attests that the 2011–0058; FMCSA–2013–0012; FMCSA–
Joel A. Cabrera (FL) v\vision in the better eye continues to 2013–0014; FMCSA–2014–0315; FMCSA–
Sherman W. Clapper (ID) meet the requirements in 49 CFR 2015–0057]
Eric Esplin (UT) 391.41(b)(10), and (b) by a certified
Ronald R. Fournier (NY) Medical Examiner, as defined by 49 CFR Qualification of Drivers; Exemption
Ronald D. Jackman II (NV) 390.5, who attests that the driver is Applications; Diabetes
Thomas W. Kent (IN) otherwise physically qualified under 49 AGENCY: Federal Motor Carrier Safety
Robert J. MacInnis (MA) CFR 391.41; (2) each driver must Administration (FMCSA), DOT.
Steven A. Proctor (TX) provide a copy of the ophthalmologist’s ACTION: Notice of final disposition.
Rodney W. Sukalski (MN) or optometrist’s report to the Medical
Larry D. Warneke (WA) Examiner at the time of the annual SUMMARY: FMCSA announces its
Lonnie Wendinger (MN) decision to renew exemptions of 132
medical examination; and (3) each
The drivers were included in one of driver must provide a copy of the individuals from its prohibition in the
the following docket Nos: FMCSA– annual medical certification to the Federal Motor Carrier Safety
2007–27333; FMCSA–2011–0102. Their employer for retention in the driver’s Regulations (FMCSRs) against persons
exemptions are applicable as of July 22, with insulin-treated diabetes mellitus
qualification file and retains a copy of
2017, and will expire on July 22, 2019. (ITDM) from operating commercial
the certification on his/her person while
As of July 23, 2017, and in accordance motor vehicles (CMVs) in interstate
with 49 U.S.C. 31136(e) and 31315, the driving for presentation to a duly
commerce. The exemptions enable these
following 19 individuals have satisfied authorized Federal, State, or local individuals with ITDM to continue to
the conditions for obtaining a renewed enforcement official. The exemption operate CMVs in interstate commerce.
exemption from the vision requirements will be rescinded if: (1) The person fails
DATES: Each group of renewed
(80 FR 35699; 80 FR 48404): to comply with the terms and
exemptions was applicable on the dates
Robert J. Bickel (MI) conditions of the exemption; (2) the stated in the discussions below and will
Steven R. Brinegar (TX) exemption has resulted in a lower level expire on the dates stated in the
Garry D. Burkholder (PA) of safety than was maintained before it discussions below.
Dennis W. Cosens (NM) was granted; or (3) continuation of the FOR FURTHER INFORMATION CONTACT: Ms.
William J. Garigulo (OH) exemption would not be consistent with Christine A. Hydock, Chief, Medical
Wladyslaw Gogola (IL) the goals and objectives of 49 U.S.C. Programs Division, 202–366–4001,
Antonio Gomez (PA) 31136(e) and 31315. fmcsamedical@dot.gov, FMCSA,
Mark A. Grenier (CT) Department of Transportation, 1200
Acquillious Jackson III (SC) IV. Preemption
New Jersey Avenue SE., Room W64–
Jimmy D. Johnson, II (TN) During the period the exemption is in 224, Washington, DC 20590–0001.
Bradley J. Kearl (UT) effect, no State shall enforce any law or Office hours are from 8 a.m. to 5:30
Larry G. Kreke (IL) p.m., e.t., Monday through Friday,
regulation that conflicts with this
Christopher P. Mrockza (MD)
exemption with respect to a person except Federal holidays. If you have
Gary A. Oster (OR)
operating under the exemption. questions regarding viewing or
Mark A. Pleskovitch (IL)
submitting material to the docket,
Edward J. Puto (CT) VI. Conclusion contact Docket Services, telephone (202)
Andrew P. Risner (OH)
Kyle B. Sharp (MI) Based upon its evaluation of the 88 366–9826.
Francis A. St. Pierre (NH) exemption applications, FMCSA renews SUPPLEMENTARY INFORMATION:
The drivers were included docket No. the exemptions of the aforementioned I. Electronic Access
FMCSA–2015–0052. Their exemptions drivers from the vision requirement in You may see all the comments online
are applicable as of July 23, 2017, and 49 CFR 391.41(b)(10), subject to the through the Federal Document
will expire on July 23, 2019. requirements cited above (49 CFR Management System (FDMS) at: http://
As of July 31, 2017, and in accordance 391.64(b)). In accordance with 49 U.S.C. www.regulations.gov.
with 49 U.S.C. 31136(e) and 31315, the 31136(e) and 31315, each exemption Docket: For access to the docket to
following 5 individuals have satisfied will be valid for two years unless read background documents or
the conditions for obtaining a renewed revoked earlier by FMCSA. comments, go to http://
exemption from the vision requirements www.regulations.gov and/or Room
Issued on: June 8, 2017.
(76 FR 25766; 76 FR 37885; 78 FR W12–140 on the ground level of the
37270; 80 FR 31640): Larry W. Minor,
West Building, 1200 New Jersey Avenue
Anthony Luciano (CT) Associate Administrator for Policy.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SE., Washington, DC, between 9 a.m.
David McKinney (OR) [FR Doc. 2017–14919 Filed 7–19–17; 8:45 am] and 5 p.m., e.t., Monday through Friday,
Frank L. O’Rourke (NY) BILLING CODE 4910–EX–P except Federal holidays.
Larry F. Reber (OH) Privacy Act: In accordance with 5
Edward Swaggerty, Jr. (OH) U.S.C. 553(c), DOT solicits comments
The drivers were included in docket from the public to better inform its
No. FMCSA–2011–0092. Their rulemaking process. DOT posts these
exemptions are applicable as of July 31, comments, without edit, including any
2017, and will expire on July 31, 2019. personal information the commenter
VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/82_FR_33680/page/3.svg)
Document Created: 2017-07-20 06:57:40
Document Modified: 2017-07-20 06:57:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions was applicable 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 August 21, 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 33542 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR