82 FR 47312 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47312-47314 | |
| FR Document | 2017-21895 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47312-47314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21895] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-5578; FMCSA-1999-6480; FMCSA-2000-7165; FMCSA- 2001-9561; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA- 2006-25246; FMCSA-2006-26066; FMCSA-2007-25246; FMCSA-2007-2663; FMCSA- 2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2011-0024; FMCSA- 2011-0092; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA- 2013-0026; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA- 2013-0165; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA- 2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA- 2015-0055] 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 86 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 requirements in one eye. DATES: Each group of renewed exemptions were 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 November 13, 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., ET., 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-1999-5578; FMCSA-1999-6480; FMCSA-2000-7165; FMCSA-2001-9561; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2007-25246; FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2013-0026; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055 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., ET, 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., ET, Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, ET, 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 86 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. [[Page 47313]] 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 86 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 27027; 64 FR 51568; 64 FR 68195; 65 FR 20251; 65 FR 33406; 65 FR 57234; 66 FR 30502; 66 FR 41654; 66 FR 48504; 67 FR 17102; 68 FR 13360; 68 FR 44837; 68 FR 52811; 68 FR 54775; 68 FR 61860; 70 FR 12265; 70 FR 30999; 70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 53412; 70 FR 61165; 70 FR 61493; 71 FR 63379; 72 FR 180; 72 FR 1050; 72 FR 1051; 72 FR 8417; 72 FR 9397; 72 FR 27624; 72 FR 36099; 72 FR 39879; 72 FR 40359; 72 FR 40362; 72 FR 52419; 72 FR 52421; 72 FR 54971; 72 FR 62896; 73 FR 78423; 74 FR 6211; 74 FR 19270; 74 FR 26461; 74 FR 26466; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 43221; 74 FR 48343; 74 FR 49069; 74 FR 53581; 75 FR 79083; 76 FR 17481; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 44653; 76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 55467; 76 FR 61143; 76 FR 62143; 76 FR 64171; 76 FR 67246; 77 FR 74734; 78 FR 4531; 78 FR 22598; 78 FR 24300; 78 FR 24798; 78 FR 34143; 78 FR 37270; 78 FR 37274; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 63307; 78 FR 68137; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 53708; 79 FR 73686; 80 FR 2473; 80 FR 12248; 80 FR 14223; 80 FR 18693; 80 FR 22773; 80 FR 29152; 80 FR 31635; 80 FR 31636; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 44188; 80 FR 45573; 80 FR 48402; 80 FR 48404; 80 FR 48411; 80 FR 48413; 80 FR 49302; 80 FR 50917; 80 FR 59225; 80 FR 62161; 80 FR 62163). 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 October and are discussed below: As of October 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 54 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 33406; 65 FR 57234; 66 FR 30502; 66 FR 41654; 68 FR 13360; 68 FR 44837; 70 FR 12265; 70 FR 41811; 71 FR 63379; 72 FR 180; 72 FR 1051; 72 FR 8417; 72 FR 9397; 72 FR 27624; 72 FR 36099; 72 FR 39879; 72 FR 40362; 72 FR 52419; 73 FR 78423; 74 FR 19270; 74 FR 26461; 74 FR 26466; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR 6211; 75 FR 79083; 76 FR 17481; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 44653; 76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530; 76 FR 61143; 77 FR 74734; 78 FR 4531; 78 FR 22598; 78 FR 24300; 78 FR 24798; 78 FR 34143; 78 FR 37270; 78 FR 37274; 78 FR 41975; 78 FR 46407; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 53708; 79 FR 73686; 80 FR 2473; 80 FR 12248; 80 FR 14223; 80 FR 18693; 80 FR 22773; 80 FR 29152; 80 FR 31635; 80 FR 31636; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 44188; 80 FR 45573; 80 FR 48402; 80 FR 48404; 80 FR 48411; 80 FR 48413; 80 FR 49302; 80 FR 50917; 80 FR 59225; 80 FR 62161; 80 FR 62163): Deneris G. Allen (LA) Michael J. Altobelli (CT) Joel D. Barchard (MA) Rocky B. Bentz (WI) Keith A. Bliss (NY) Ronald Bostick (SC) Steven J. Brauer (NJ) Jean-Pierre G. Brefort (CT) Michael W. Britt (MD) Shaun E. Burnett (IA) James E. Byrnes (MO) Kevin W. Cannon (TX) Juan R. Cano (TX) Charles C. Chapman (NC) Thomas W. Crouch (IN) Verlin L. Driskell (NE) Robin C. Duckett (SC) Phillip Ergovich (MO) Dan J. Feik (IL) Saul E. Fierro (AZ) Steven A. Garrity (MA) Mark E. Gessner (FL) David B. Ginther (PA) Dominic F. Giordano (CT) Enrique F. Gonzalez (NC) Donald A. Hall (NC) Willard D. Hall (CA) Dennis H. Heller (KS) Steven C. Holland (OK) Ronald E. Howard (PA) Michael A. Kelly (TX) Abdullah T. Khalil (VA) Jorge Lopez (OH) Alex P. Makhanov (WA) Michael L. Martin (OH) Phillip P. Mazza (WI) Lawrence McGowan (OH) John T. McWilliams (IA) Dionicio Mendoza (TX) Garth R. Mero (VT) Charles A. Morgan (NC) Willam V. Nickel (OR) Russell W. Nutter (OH) Nathan Pettis (FL) Mark A. Pirl (NC) Timmy J. Pottebaum (IA) Jason W. Rupp (PA) Ricky J. Sanderson (UT) Kirby R. Sands (IA) Manjinder Singh (WA) Steven W. Stull (IL) Richard G. Vaughn (NC) Victor H. Vera (TX) Bruce W. Williams (IL) The drivers were included in one of the following docket numbers: FMCSA-2000-7165; FMCSA-2001-9561; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2007-25246; FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2013-0026; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055. Their exemptions are applicable as of October 3, 2017, and will expire on October 3, 2019. As of October 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for [[Page 47314]] interstate CMV drivers (78 FR 47818; 78 FR 63307; 80 FR 59225): Larry E. Blakely (GA) Britt A. Green (ND) Arlene S. Kent (NH) Willie L. Murphy (IN) Joseph J. Pudlik (IL) Jeffrey R. Swett (SC) Brian C. Tate (VA) The drivers were included in docket number FMCSA-2013-0165. Their exemptions are applicable as of October 23, 2017, and will expire on October 23, 2019. As of October 24, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 14 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 27027; 64 FR 51568; 66 FR 30502; 66 FR 41654; 66 FR 48504; 68 FR 44837; 68 FR 54775; 70 FR 30999; 70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 53412; 70 FR 61493; 72 FR 39879; 72 FR 40359; 72 FR 52421; 72 FR 54971; 72 FR 62896; 74 FR 34074; 74 FR 41971; 74 FR 43221; 74 FR 49069; 76 FR 55467; 76 FR 62143; 78 FR 77782; 80 FR 59225): Calvin D. Atwood (NM) Andrew B. Clayton (TN) William P. Doolittle (MO) Richard L. Gagnebin (KS) Jonathan M. Gentry (TN) Benny D. Hatton, Jr. (NY) Robert W. Healey, Jr. (NJ) Nathaniel H. Herbert, Jr. (PA) Thomas W. Markham (MN) Kevin L. Moody (OH) Charles W. Mullenix (GA) Garry L. Rogers (CO) Gary M. Wolff (IL) John C. Young (VA) The drivers were included in one of the following docket numbers: FMCSA-1999-5578; FMCSA-2001-9561; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2007-27897. Their exemptions are applicable as of October 24, 2017, and will expire on October 24, 2019. As of October 30, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 68195; 65 FR 20251; 67 FR 17102; 68 FR 52811; 68 FR 61860; 70 FR 61165; 71 FR 63379; 72 FR 1050; 74 FR 49069; 74 FR 53581; 76 FR 64171; 78 FR 68137; 80 FR 59225): James D. Davis (OH) Dewayne E. Harms (IL) David F. LeClerc (MN) Jesse L. Townsend (LA) Humberto A. Valles (TX) James A. Welch (NH) Michael E. Yount (ID) The drivers were included in one of the following docket numbers: FMCSA-1999-6480; FMCSA-2003-15892; FMCSA-2006-26066. Their exemptions are applicable as of October 30, 2017, and will expire on October 30, 2019. As of October 31, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (76 FR 55465; 76 FR 67246; 78 FR 77782; 80 FR 59225: Darrell G. Anthony (TX) Harold L. Pearsall (PA) Phillip M. Pridgen, Sr. (MD) Gerald D. Stidham (CO) The drivers were included in docket number FMCSA-2011-0189. Their exemptions are applicable as of October 31, 2017, and will expire on October 31, 2019. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self-employed. The driver must also have a copy of the exemption when 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. V. 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 86 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. 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: October 2, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-21895 Filed 10-10-17; 8:45 am] BILLING CODE 4910-EX-P
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obtaining an exemption from the DATES: Each group of renewed see the Privacy Act heading below for
epilepsy and seizure disorders exemptions were applicable on the further information.
prohibition in the FMCSRs for interstate dates stated in the discussions below Docket: For access to the docket to
CMV drivers. and will expire on the dates stated in read background documents or
Shane A. Brackett (ID) the discussions below. Comments must comments, go to http://
Peter Connors (PA) be received on or before November 13, www.regulations.gov at any time or
Brian D. Krise (PA) 2017. Room W12–140 on the ground level of
Daniel Maben (MI) FOR FURTHER INFORMATION CONTACT: Ms. the West Building, 1200 New Jersey
In accordance with 49 U.S.C. 31315, Christine A. Hydock, Chief, Medical Avenue SE., Washington, DC, between 9
each exemption will be valid for two Programs Division, 202–366–4001, a.m. and 5 p.m., ET, Monday through
years from the effective date unless fmcsamedical@dot.gov, FMCSA, Friday, except Federal holidays. The
revoked earlier by FMCSA. The Department of Transportation, 1200 FDMS is available 24 hours each day,
exemption will be revoked if the New Jersey Avenue SE., Room W64– ET, 365 days each year. If you want
following occurs: (1) The person fails to 224, Washington, DC 20590–0001. acknowledgment that we received your
comply with the terms and conditions Office hours are from 8:30 a.m. to 5 comments, please include a self-
of the exemption; (2) the exemption has p.m., ET., Monday through Friday, addressed, stamped envelope or
resulted in a lower level of safety than except Federal holidays. If you have postcard or print the acknowledgement
was maintained prior to being granted; questions regarding viewing or page that appears after submitting
or (3) continuation of the exemption submitting material to the docket, comments online.
would not be consistent with the goals contact Docket Services, telephone (202) Privacy Act: In accordance with 5
and objectives of 49 U.S.C. 31136 and 366–9826. U.S.C. 553(c), DOT solicits comments
31315. ADDRESSES: You may submit comments from the public to better inform its
Issued on: October 2, 2017. bearing the Federal Docket Management rulemaking process. DOT posts these
Larry W. Minor, System (FDMS) Docket No. FMCSA– comments, without edit, including any
Associate Administrator for Policy. 1999–5578; FMCSA–1999–6480; personal information the commenter
[FR Doc. 2017–21899 Filed 10–10–17; 8:45 am]
FMCSA–2000–7165; FMCSA–2001– provides, to http://www.regulations.gov,
9561; FMCSA–2003–15892; FMCSA– as described in the system of records
BILLING CODE 4910–EX–P
2005–21254; FMCSA–2005–21711; notice (DOT/ALL–14 FDMS), which can
FMCSA–2006–25246; FMCSA–2006– be reviewed at http://www.dot.gov/
DEPARTMENT OF TRANSPORTATION 26066; FMCSA–2007–25246; FMCSA– privacy.
2007–2663; FMCSA–2007–27897;
FMCSA–2009–0121; FMCSA–2009– I. Background
Federal Motor Carrier Safety
Administration 0154; FMCSA–2011–0024; FMCSA– Under 49 U.S.C. 31136(e) and 31315,
2011–0092; FMCSA–2011–0140; FMCSA may grant an exemption for two
[Docket No. FMCSA–1999–5578; FMCSA– FMCSA–2011–0142; FMCSA–2011–
1999–6480; FMCSA–2000–7165; FMCSA– years if it finds ‘‘such exemption would
0189; FMCSA–2013–0026; FMCSA– likely achieve a level of safety that is
2001–9561; FMCSA–2003–15892; FMCSA– 2013–0027; FMCSA–2013–0029;
2005–21254; FMCSA–2005–21711; FMCSA– equivalent to or greater than the level
2006–25246; FMCSA–2006–26066; FMCSA–
FMCSA–2013–0030; FMCSA–2013– that would be achieved absent such
2007–25246; FMCSA–2007–2663; FMCSA– 0165; FMCSA–2014–0300; FMCSA– exemption.’’ The statute also allows the
2007–27897; FMCSA–2009–0121; FMCSA– 2014–0302; FMCSA–2014–0304; Agency to renew exemptions at the end
2009–0154; FMCSA–2011–0024; FMCSA– FMCSA–2014–0305; FMCSA–2015– of the two year period.
2011–0092; FMCSA–2011–0140; FMCSA– 0049; FMCSA–2015–0052; FMCSA–
2011–0142; FMCSA–2011–0189; FMCSA– 2015–0053; FMCSA–2015–0055 using The physical qualification standard
2013–0026; FMCSA–2013–0027; FMCSA– any of the following methods: for drivers regarding vision found in 49
2013–0029; FMCSA–2013–0030; FMCSA– CFR 391.41(b)(10) states that a person is
• Federal eRulemaking Portal: Go to
2013–0165; FMCSA–2014–0300; FMCSA– physically qualified to driver a CMV if
2014–0302; FMCSA–2014–0304; FMCSA–
http://www.regulations.gov. Follow the
that person:
2014–0305; FMCSA–2015–0049; FMCSA– online instructions for submitting
2015–0052; FMCSA–2015–0053; FMCSA– comments. Has distant visual acuity of at least 20/40
2015–0055] • Mail: Docket Management Facility; (Snellen) in each eye without corrective
U.S. Department of Transportation, 1200 lenses or visual acuity separately corrected to
Qualification of Drivers; Exemption New Jersey Avenue SE., West Building 20/40 (Snellen) or better with corrective
Applications; Vision Ground Floor, Room W12–140, lenses, distant binocular acuity of a least 20/
Washington, DC 20590–0001. 40 (Snellen) in both eyes with or without
AGENCY: Federal Motor Carrier Safety corrective lenses, field of vision of at least
Administration (FMCSA), DOT. • Hand Delivery: West Building
70° in the horizontal meridian in each eye,
Ground Floor, Room W12–140, 1200
ACTION: Notice of renewal of and the ability to recognize the colors of
New Jersey Avenue SE., Washington,
exemptions; request for comments. traffic signals and devices showing red,
DC, between 9 a.m. and 5 p.m., ET,
green, and amber.
SUMMARY: FMCSA announces its Monday through Friday, except Federal
Holidays.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
decision to renew exemptions for 86 The 86 individuals listed in this
individuals from the vision requirement • Fax: 1–202–493–2251. notice have requested renewal of their
in the Federal Motor Carrier Safety Instructions: Each submission must exemptions from the vision standard in
Regulations (FMCSRs) for interstate include the Agency name and the 49 CFR 391.41(b)(10), in accordance
commercial motor vehicle (CMV) docket number(s) for this notice. Note with FMCSA procedures. Accordingly,
drivers. The exemptions enable these that all comments received will be FMCSA has evaluated these
individuals to continue to operate CMVs posted without change to http:// applications for renewal on their merits
in interstate commerce without meeting www.regulations.gov, including any and decided to extend each exemption
the vision requirements in one eye. personal information provided. Please for a renewable two year period.
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interstate CMV drivers (78 FR 47818; 78 Humberto A. Valles (TX) exemption with respect to a person
FR 63307; 80 FR 59225): James A. Welch (NH) operating under the exemption.
Larry E. Blakely (GA) Michael E. Yount (ID)
VI. Conclusion
Britt A. Green (ND) The drivers were included in one of
Arlene S. Kent (NH) the following docket numbers: FMCSA– Based upon its evaluation of the 86
Willie L. Murphy (IN) 1999–6480; FMCSA–2003–15892; exemption applications, FMCSA renews
Joseph J. Pudlik (IL) FMCSA–2006–26066. Their exemptions the exemptions of the aforementioned
Jeffrey R. Swett (SC) are applicable as of October 30, 2017, drivers from the vision requirement in
Brian C. Tate (VA) and will expire on October 30, 2019. 49 CFR 391.41(b)(10), subject to the
The drivers were included in docket As of October 31, 2017, and in requirements cited above. In accordance
number FMCSA–2013–0165. Their accordance with 49 U.S.C. 31136(e) and with 49 U.S.C. 31136(e) and 31315, each
exemptions are applicable as of October 31315, the following four individuals exemption will be valid for two years
23, 2017, and will expire on October 23, have satisfied the renewal conditions for unless revoked earlier by FMCSA.
2019. obtaining an exemption from the vision Issued on: October 2, 2017.
As of October 24, 2017, and in requirement in the FMCSRs for Larry W. Minor,
accordance with 49 U.S.C. 31136(e) and interstate CMV drivers (76 FR 55465; 76 Associate Administrator for Policy.
31315, the following 14 individuals FR 67246; 78 FR 77782; 80 FR 59225: [FR Doc. 2017–21895 Filed 10–10–17; 8:45 am]
have satisfied the renewal conditions for Darrell G. Anthony (TX) BILLING CODE 4910–EX–P
obtaining an exemption from the vision Harold L. Pearsall (PA)
requirement in the FMCSRs for Phillip M. Pridgen, Sr. (MD)
interstate CMV drivers (64 FR 27027; 64 Gerald D. Stidham (CO) DEPARTMENT OF TRANSPORTATION
FR 51568; 66 FR 30502; 66 FR 41654; The drivers were included in docket
66 FR 48504; 68 FR 44837; 68 FR 54775; Federal Motor Carrier Safety
number FMCSA–2011–0189. Their
70 FR 30999; 70 FR 41811; 70 FR 46567; Administration
exemptions are applicable as of October
70 FR 48797; 70 FR 53412; 70 FR 61493; 31, 2017, and will expire on October 31, [Docket No. FMCSA–2012–0050; FMCSA–
72 FR 39879; 72 FR 40359; 72 FR 52421; 2019. 2012–0294; FMCSA–2013–0106; FMCSA–
72 FR 54971; 72 FR 62896; 74 FR 34074; 2014–0214; FMCSA–2014–0216; FMCSA–
74 FR 41971; 74 FR 43221; 74 FR 49069; IV. Conditions and Requirements 2014–0381; FMCSA–2015–0115; FMCSA–
76 FR 55467; 76 FR 62143; 78 FR 77782; The exemptions are extended subject 2015–0116; FMCSA–2015–0117]
80 FR 59225): to the following conditions: (1) Each Qualification of Drivers; Exemption
Calvin D. Atwood (NM) driver must undergo an annual physical Applications; Epilepsy and Seizure
Andrew B. Clayton (TN) examination (a) by an ophthalmologist Disorders
William P. Doolittle (MO) or optometrist who attests that the
Richard L. Gagnebin (KS) vision in the better eye continues to AGENCY: Federal Motor Carrier Safety
Jonathan M. Gentry (TN) meet the requirements in 49 CFR Administration (FMCSA), DOT.
Benny D. Hatton, Jr. (NY) 391.41(b)(10), and (b) by a certified ACTION: Notice of renewal of
Robert W. Healey, Jr. (NJ) Medical Examiner, as defined by 49 CFR exemptions; request for comments.
Nathaniel H. Herbert, Jr. (PA) 390.5, who attests that the driver is
Thomas W. Markham (MN) otherwise physically qualified under 49 SUMMARY: FMCSA announces its
Kevin L. Moody (OH) CFR 391.41; (2) each driver must decision to renew exemptions for 12
Charles W. Mullenix (GA) provide a copy of the ophthalmologist’s individuals from the requirement in the
Garry L. Rogers (CO) or optometrist’s report to the Medical Federal Motor Carrier Safety
Gary M. Wolff (IL) Examiner at the time of the annual Regulations (FMCSRs) that interstate
John C. Young (VA) medical examination; and (3) each commercial motor vehicle (CMV)
The drivers were included in one of driver must provide a copy of the drivers have ‘‘no established medical
the following docket numbers: FMCSA– annual medical certification to the history or clinical diagnosis of epilepsy
1999–5578; FMCSA–2001–9561; employer for retention in the driver’s or any other condition which is likely
FMCSA–2005–21254; FMCSA–2005– qualification file or keep a copy of his/ to cause loss of consciousness or any
21711; FMCSA–2007–27897. Their her driver’s qualification if he/her is loss of ability to control a CMV.’’ The
exemptions are applicable as of October self-employed. The driver must also exemptions enable these individuals
24, 2017, and will expire on October 24, have a copy of the exemption when who have had one or more seizures and
2019. driving, for presentation to a duly are taking anti-seizure medication to
As of October 30, 2017, and in authorized Federal, State, or local continue to operate CMVs in interstate
accordance with 49 U.S.C. 31136(e) and enforcement official. The exemption commerce.
31315, the following seven individuals will be rescinded if: (1) The person fails DATES: The exemptions were applicable
have satisfied the renewal conditions for to comply with the terms and on September 12, 2017. The exemptions
obtaining an exemption from the vision conditions of the exemption; (2) the expire on September 12, 2019.
requirement in the FMCSRs for exemption has resulted in a lower level Comments must be received on or
interstate CMV drivers (64 FR 68195; 65 of safety than was maintained before it before November 13, 2017.
FR 20251; 67 FR 17102; 68 FR 52811;
asabaliauskas on DSKBBXCHB2PROD with NOTICES
was granted; or (3) continuation of the FOR FURTHER INFORMATION CONTACT: Ms.
68 FR 61860; 70 FR 61165; 71 FR 63379; exemption would not be consistent with Christine A. Hydock, Chief, Medical
72 FR 1050; 74 FR 49069; 74 FR 53581; the goals and objectives of 49 U.S.C. Programs Division, 202–366–4001,
76 FR 64171; 78 FR 68137; 80 FR 31136(e) and 31315. fmcsamedical@dot.gov, FMCSA,
59225): Department of Transportation, 1200
V. Preemption New Jersey Avenue SE., Room W64–
James D. Davis (OH)
Dewayne E. Harms (IL) During the period the exemption is in 224, Washington, DC 20590–0001.
David F. LeClerc (MN) effect, no State shall enforce any law or Office hours are from 8:30 a.m. to 5
Jesse L. Townsend (LA) regulation that conflicts with this p.m., e.t., Monday through Friday,
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Document Created: 2018-10-25 09:58:16
Document Modified: 2018-10-25 09:58:16
| 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 were 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 November 13, 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., ET., 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 47312 |
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