83 FR 2306 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 10 (January 16, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2306-2309 | |
| FR Document | 2018-00600 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Notices] [Pages 2306-2309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00600] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No.; FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9258; FMCSA- 2001-10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2008-0231; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0303; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072] 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 109 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 February 15, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No.; FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2008-0231; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0303; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072 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. 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. [[Page 2307]] SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five 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 five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive 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 109 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 109 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 66962; 66 FR 17743; 66 FR 33990; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 67 FR 19798; 67 FR 68719; 68 FR 2629; 68 FR 35772; 68 FR 52811; 68 FR 61857; 68 FR 61860; 68 FR 64944; 68 FR 69434; 68 FR 75715; 69 FR 19611; 70 FR 33937; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 67776; 70 FR 72689; 70 FR 74102; 71 FR 646; 72 FR 32705; 72 FR 39879; 72 FR 40360; 72 FR 52419; 72 FR 62897; 72 FR 64273; 72 FR 71993; 72 FR 71998; 73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427; 74 FR 26464; 74 FR 34632; 74 FR 37295; 74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 53581; 74 FR 57551; 74 FR 60021; 74 FR 62632; 74 FR 65846; 76 FR 25766; 76 FR 29026; 76 FR 34135; 76 FR 34136; 76 FR 37885; 76 FR 44652; 76 FR 49528; 76 FR 49531; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 61143; 76 FR 64169; 76 FR 64171; 76 FR 66123; 76 FR 67248; 76 FR 70210; 76 FR 70215; 76 FR 75942; 76 FR 75943; 76 FR 78729; 76 FR 79761 ;78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 67460; 78 FR 67462; 78 FR 68137; 78 FR 76395; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 4803; 80 FR 14240; 80 FR 31640; 80 FR 33007; 80 FR 33324; 80 FR 37718; 80 FR 44185; 80 FR 44188; 80 FR 48402; 80 FR 48411; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 81 FR 11642; 81 FR 1284; 81 FR 15404; 81 FR 16265). 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 December and are discussed below: As of December 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 48 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 40404; 64 FR 66962; 66 FR 17743; 66 FR 33990; 66 FR 63289; 67 FR 68719; 68 FR 2629; 68 FR 35772; 68 FR 52811; 68 FR 61860; 68 FR 64944; 70 FR 33937; 70 FR 48797; 70 FR 61165; 70 FR 61493; 70 FR 67776; 72 FR 39879; 72 FR 40360; 72 FR 52419; 72 FR 64273; 73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427; 74 FR 34632; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR 53581; 74 FR 62632; 76 FR 25766; 76 FR 29026; 76 FR 34136; 76 FR 37885; 76 FR 44652; 76 FR 49531; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 64171; 76 FR 70215; 78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 63307; 78 FR 64280; 78 FR 68137; 78 FR 77782; 78 FR 78477; 79 FR 4531; 80 FR 14240; 80 FR 31640; 80 FR 33007; 80 FR 33324; 80 FR 37718; 80 FR 44185; 80 FR 44188; 80 FR 48402; 80 FR 48411; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472; 80 FR 67476; 81 FR 11642; 81 FR 1284; 81 FR 15404): Charles R. Airey (MD) Thomas E. Adams (IN) Christopher L. Bagby (VA) Joseph A. Batista (PA) Rickie L. Boone (NC) Jerry A. Bordelon (LA) Timothy V. Burke (CO) Wescott Clarke (MA) Gene B. Clyde (NY) Joseph Coelho (RI) Duane C. Conway (NV) William J. Corder (NC) Jose C. Costa (WA) Jon K. Dale (UT) Thomas P. Davidson (NJ) Elhadji M. Faye (CA) Jason R. Gast (MO) Edward J. Genovese (IN) Nirmal S. Gill (CA) Roger J. Hansen (WI) Bradley O. Hart (UT) Dean M. Hobson (IL) Jesus J. Huerta (NV) Elmer G. Isenhart (OH) Nathan H. Jacobs (NM) Donald L. Jensen (SD) Darrell W. Knorr (IL) Dale R. Knuppel (CO) Carmelo A. Lana (NJ) Michael Lancette (WI) Keith A. Lang (TX) Larry W. Lunde (WA) Rodney M. Mimbs (GA) Michael A. Mitchell (MS) Dennis L. Morgan (WA) Clarence L. Ogle (SD) Dennis R. Ohl (MO) [[Page 2308]] James A. Parker (PA) Chris A. Ritenour (MI) Danilo A. Rivera (MD) Steven L. Roberts (AR) Michael J. Schmelzle (KS) Ralph J. Schmitt (CO) Wesley C. Slattery (KS) Mark R. Stevens (IA) Gerry W. Talbott (VA) Daniel R. Viscaya (NC) Paul B. Williams (NY) The drivers were included in docket numbers FMCSA-1999-5748; FMCSA- 2001-9258; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA- 2007-27897; FMCSA-2008-0231; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA- 2011-0092; FMCSA-2011-0124; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA- 2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA- 2014-0303; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA- 2015-0071). Their exemptions are applicable as of December 3, 2017, and will expire on December 3, 2019. As of December 5, 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 requirements (66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 33937; 72 FR 32705; 74 FR 26464; 74 FR 43217; 74 FR 57551; 76 FR 34135; 76 FR 64169; 76 FR 66123; 76 FR 75943; 78 FR 62935; 78 FR 65032; 78 FR 76395; 78 FR 77782; 80 FR 67481): Kevin G. Clem (SD) Rocky J. Lachney (LA) Chase L. Larson (WA) Herman G. Lovell (OR) Robert E. Smith (CT) Fred L. Stotts (OK) Randell K. Tyler (AL) The drivers were included in docket numbers FMCSA-2001-9258; FMCSA- 2009-0206; FMCSA-2011-26690; FMCSA-2013-0166. Their exemptions are applicable as of December 5, 2017, and will expire on December 5, 2019. As of December 6, 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 requirements (70 FR 57353; 70 FR 72689; 72 FR 62897; 74 FR 60021; 76 FR 70210; 78 FR 66099; 80 FR 67481): Thomas C. Meadows (NC) David A. Morris (TX) Richard P. Stanley (MA) Scott A. Tetter (IL) The drivers were included in docket number FMCSA-2005-22194. Their exemptions are applicable as of December 6, 2017, and will expire on December 6, 2019. As of December 15, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 12 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (80 FR 70060; 81 FR 16265): Stephen W. Barrows (OR) Charles W. Bradley (SC) Ricky A. Bray (AR) Jerry W. Gibson (TX) Michael D. Judy (KS) Joel H. Kohagen (IA) Kelly K. Kremer (OR) Edward R. Lockhart (MS) Rodolfo Martinez (TX) Tobias G.E. Olsen (ND) Gregory A. Woodward (OR) Alton R. Young (MS) The drivers were included in docket number FMCSA-2015-0072. Their exemptions are applicable as of December 15, 2017, and will expire on December 15, 2019. As of December 17, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (78 FR 62935; 78 FR 76395; 80 FR 67481): Herbert R. Brenner (ME) Henry D. Smith (NC) Kolby W. Strickland (WA) The drivers were included in docket number FMCSA-2013-0166. Their exemptions are applicable as of December 17, 2017, and will expire on December 17, 2019. As of December 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (76 FR 49528; 76 FR 61143; 76 FR 67248; 76 FR 79761; 78 FR 67460; 80 FR 67481): Robert E. Morgan, Jr. (GA), David M. Taylor (MO). The drivers were included in docket numbers FMCSA-2013-0168; FMCSA- 2013-0169. Their exemptions are applicable as of December 22, 2017, and will expire on December 22, 2019. As of December 24, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (78 FR 63302; 78 FR 64274; 78 FR 77778; 78 FR 77780; 80 FR 67481): Lawrence A. Angle (MO) Ernest J. Bachman (PA) Wayne Barker (OK) Eugene R. Briggs (MI) Matthew S. Burns (OH) Lee A. DeHaan (SD) Bradley R. Dishman (KY) Thomas G. Gholston (MS) Chad A. Miller (IA) William L. Paschall (MD) Kerry R. Powers (IN) Eugene D. Self, Jr. (NC) Mark P. Thiboutot (NH) Robert Thomas (PA) Herman D. Truewell (FL) Janusz K. Wis (IL) The drivers were included in docket numbers FMCSA-2013-0168; FMCSA- 2013-0169. Their exemptions are applicable as of December 24, 2017, and will expire on December 24, 2019. As of December 27, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 67 FR 19798; 68 FR 64944; 68 FR 69434; 69 FR 19611; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR 61493; 70 FR 67776; 70 FR 72689; 70 FR 74102; 74 FR 37295; 74 FR 48343; 74 FR 60021; 76 FR 75942; 78 FR 67452; 80 FR 67481): Stanley E. Elliott (UT) Elmer E. Gockley (PA) Glenn T. Hehner (KY) Vladimir M. Kats (NC) Randall B. Laminack (TX) Robert W. Lantis (MT) Jerry L. Lord (PA) Eldon Miles (IN) Neal A. Richard (LA) Rene R. Trachsel (OR) Stanley W. Tyler, Jr. (NC) Kendle F. Waggle, Jr. (IN) DeWayne Washington (NC) The drivers were included in docket numbers FMCSA-1999-5578; FMCSA- 2001-10578; FMCSA-2002-11426; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2009-0154. Their exemptions are applicable as of December 27, 2017, and will expire on December 27, 2019. As of December 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 requirements (66 FR 53826; 66 FR 66966; 68 FR 61857; 68 FR 69434; 68 FR 75715; 70 FR 74102; 71 FR 646; 72 FR 71993; 72 FR 71998; 74 FR 65846; 76 FR 78729; 78 FR 67454; 78 FR 67462; 79 FR 4803; 80 FR 67481): Martiniano L. Espinosa (FL) Dustin K. Heimbach (PA) Lonni Lomax, Jr. (IL) John H. Voigts (AZ) The drivers were included in docket numbers FMCSA-2001-10578; [[Page 2309]] FMCSA-2003-16241. Their exemptions are applicable as of December 31, 2017, and will expire on December 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 109 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: January 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-00600 Filed 1-12-18; 8:45 am] BILLING CODE 4910-EX-P
![2306 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
address, an email address, or a phone DEPARTMENT OF TRANSPORTATION FMCSA–2015–0070; FMCSA–2015–
number in the body of your document 0071; FMCSA–2015–0072 using any of
so that FMCSA can contact you if there Federal Motor Carrier Safety the following methods:
are questions regarding your Administration • Federal eRulemaking Portal: Go to
submission. http://www.regulations.gov. Follow the
[Docket No.; FMCSA–1999–5578; FMCSA–
1999–5748; FMCSA–2001–9258; FMCSA– online instructions for submitting
To submit your comment online, go to comments.
http://www.regulations.gov and in the 2001–10578; FMCSA–2002–11426; FMCSA–
2002–12844; FMCSA–2003–15892; FMCSA– • Mail: Docket Management Facility;
search box insert the docket number 2003–16241; FMCSA–2005–21711; FMCSA– U.S. Department of Transportation, 1200
FMCSA–2017–0287 and click the search 2005–22194; FMCSA–2007–27897; FMCSA– New Jersey Avenue SE, West Building
button. When the new screen appears, 2008–0231; FMCSA–2009–0054; FMCSA– Ground Floor, Room W12–140,
click on the blue ‘‘Comment Now!’’ 2009–0154; FMCSA–2009–0206; FMCSA– Washington, DC 20590–0001.
button on the right hand side of the 2011–0092; FMCSA–2011–0124; FMCSA– • Hand Delivery: West Building
page. On the new page, enter 2011–0142; FMCSA–2011–0276; FMCSA– Ground Floor, Room W12–140, 1200
2011–26690; FMCSA–2013–0025; FMCSA– New Jersey Avenue SE, Washington,
information required including the 2013–0027; FMCSA–2013–0028; FMCSA–
specific section of this document to DC, between 9 a.m. and 5 p.m., ET,
2013–0029; FMCSA–2013–0030; FMCSA–
which each comment applies, and 2013–0165; FMCSA–2013–0166; FMCSA–
Monday through Friday, except Federal
provide a reason for each suggestion or 2013–0168; FMCSA–2013–0169; FMCSA– Holidays.
recommendation. If you submit your 2014–0303; FMCSA–2015–0055; FMCSA– • Fax: 1–202–493–2251.
2015–0056; FMCSA–2015–0070; FMCSA– Instructions: Each submission must
comments by mail or hand delivery,
2015–0071; FMCSA–2015–0072] include the Agency name and the
submit them in an unbound format, no docket number(s) for this notice. Note
larger than 81⁄2 by 11 inches, suitable for Qualification of Drivers; Exemption that all comments received will be
copying and electronic filing. If you Applications; Vision posted without change to http://
submit comments by mail and would www.regulations.gov, including any
like to know that they reached the AGENCY: Federal Motor Carrier Safety personal information provided. Please
facility, please enclose a stamped, self- Administration (FMCSA), DOT. see the Privacy Act heading below for
addressed postcard or envelope. ACTION: Notice of renewal of further information.
exemptions; request for comments. Docket: For access to the docket to
We will consider all comments and
materials received during the comment read background documents or
SUMMARY: FMCSA announces its
period. FMCSA may issue a final comments, go to http://
decision to renew exemptions for 109
www.regulations.gov at any time or
determination at any time after the close individuals from the vision requirement
Room W12–140 on the ground level of
of the comment period. in the Federal Motor Carrier Safety
the West Building, 1200 New Jersey
Regulations (FMCSRs) for interstate
V. Viewing Comments and Documents Avenue SE, Washington, DC, between 9
commercial motor vehicle (CMV)
a.m. and 5 p.m., ET, Monday through
To view comments, as well as any drivers. The exemptions enable these
Friday, except Federal holidays. The
documents mentioned in this preamble, individuals to continue to operate CMVs
FDMS is available 24 hours each day,
go to http://www.regulations.gov and in in interstate commerce without meeting
ET, 365 days each year. If you want
the search box insert the docket number the vision requirements in one eye. acknowledgment that we received your
FMCSA–2017–0287 and click ‘‘Search.’’ DATES: Each group of renewed comments, please include a self-
Next, click ‘‘Open Docket Folder’’ and exemptions were applicable on the addressed, stamped envelope or
you will find all documents and dates stated in the discussions below postcard or print the acknowledgement
and will expire on the dates stated in page that appears after submitting
comments related to this notice.
the discussions below. Comments must comments online.
Issued on: January 5, 2018. be received on or before February 15, Privacy Act: In accordance with 5
Larry W. Minor, 2018. U.S.C. 553(c), DOT solicits comments
Associate Administrator for Policy. ADDRESSES: You may submit comments from the public to better inform its
[FR Doc. 2018–00562 Filed 1–12–18; 8:45 am] bearing the Federal Docket Management rulemaking process. DOT posts these
BILLING CODE 4910–EX–P System (FDMS) Docket No.; FMCSA– comments, without edit, including any
1999–5578; FMCSA–1999–5748; personal information the commenter
FMCSA–2001–9258; FMCSA–2001– provides, to http://www.regulations.gov,
10578; FMCSA–2002–11426; FMCSA– as described in the system of records
2002–12844; FMCSA–2003–15892; notice (DOT/ALL–14 FDMS), which can
FMCSA–2003–16241; FMCSA–2005– be reviewed at http://www.dot.gov/
21711; FMCSA–2005–22194; FMCSA– privacy.
2007–27897; FMCSA–2008–0231; FOR FURTHER INFORMATION CONTACT: Ms.
FMCSA–2009–0054; FMCSA–2009– Christine A. Hydock, Chief, Medical
0154; FMCSA–2009–0206; FMCSA– Programs Division, 202–366–4001,
2011–0092; FMCSA–2011–0124; fmcsamedical@dot.gov, FMCSA,
FMCSA–2011–0142; FMCSA–2011– Department of Transportation, 1200
0276; FMCSA–2011–26690; FMCSA– New Jersey Avenue SE, Room W64–224,
daltland on DSKBBV9HB2PROD with NOTICES
2013–0025; FMCSA–2013–0027; Washington, DC 20590–0001. Office
FMCSA–2013–0028; FMCSA–2013– hours are from 8:30 a.m. to 5 p.m., ET,
0029; FMCSA–2013–0030; FMCSA– Monday through Friday, except Federal
2013–0165; FMCSA–2013–0166; holidays. If you have questions
FMCSA–2013–0168; FMCSA–2013– regarding viewing or submitting
0169; FMCSA–2014–0303; FMCSA– material to the docket, contact Docket
2015–0055; FMCSA–2015–0056; Services, telephone (202) 366–9826.
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2316/page/1.svg)
![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2309
FMCSA–2003–16241. Their exemptions DEPARTMENT OF TRANSPORTATION SE, Washington, DC, between 9 a.m. and
are applicable as of December 31, 2017, 5 p.m., ET, Monday through Friday,
and will expire on December 31, 2019. Federal Motor Carrier Safety except Federal holidays.
Administration Privacy Act: In accordance with 5
IV. Conditions and Requirements U.S.C. 553(c), DOT solicits comments
[Docket No. FMCSA–1999–5578; FMCSA–
1999–6480; FMCSA–2000–7165; FMCSA– from the public to better inform its
The exemptions are extended subject
2001–9561; FMCSA–2003–15892; FMCSA– rulemaking process. DOT posts these
to the following conditions: (1) Each
2005–21254; FMCSA–2005–21711; FMCSA– comments, without edit, including any
driver must undergo an annual physical
2006–25246; FMCSA–2006–26066; FMCSA– personal information the commenter
examination (a) by an ophthalmologist 2007–25246; FMCSA–2007–2663; FMCSA– provides, to http://www.regulations.gov,
or optometrist who attests that the 2007–27897; FMCSA–2009–0121; FMCSA– as described in the system of records
vision in the better eye continues to 2009–0154; FMCSA–2011–0024; FMCSA– notice (DOT/ALL–14 FDMS), which can
meet the requirements in 49 CFR 2011–0092; FMCSA–2011–0140; FMCSA– be reviewed at http://www.dot.gov/
391.41(b)(10), and (b) by a certified 2011–0142; FMCSA–2011–0189; FMCSA–
2013–0026; FMCSA–2013–0027; FMCSA–
privacy.
Medical Examiner, as defined by 49 CFR
2013–0029; FMCSA–2013–0030; FMCSA– II. Background
390.5, who attests that the driver is 2013–0165; FMCSA–2014–0300; FMCSA–
otherwise physically qualified under 49 2014–0302; FMCSA–2014–0304; FMCSA– On October 11, 2017, FMCSA
CFR 391.41; (2) each driver must 2014–0305; FMCSA–2015–0049; FMCSA– published a notice announcing its
provide a copy of the ophthalmologist’s 2015–0052; FMCSA–2015–0053; FMCSA– decision to renew exemptions for 86
or optometrist’s report to the Medical 2015–0055] individuals from the vision requirement
Examiner at the time of the annual in 49 CFR 391.41(b)(10) to operate a
medical examination; and (3) each Qualification of Drivers; Exemption CMV in interstate commerce and
Applications; Vision requested comments from the public (82
driver must provide a copy of the
annual medical certification to the AGENCY: Federal Motor Carrier Safety FR 47312). The public comment period
employer for retention in the driver’s Administration (FMCSA), DOT. ended on November 13, 2017, and no
qualification file or keep a copy of his/ comments were received.
ACTION: Notice of final disposition.
As stated in the previous notice,
her driver’s qualification if he/her is
SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of
self- employed. The driver must also
decision to renew exemptions for 86 these applicants and determined that
have a copy of the exemption when renewing these exemptions would
driving, for presentation to a duly individuals from the vision requirement
in the Federal Motor Carrier Safety achieve a level of safety equivalent to or
authorized Federal, State, or local greater than the level that would be
Regulations (FMCSRs) for interstate
enforcement official. The exemption achieved by complying with the current
commercial motor vehicle (CMV)
will be rescinded if: (1) The person fails regulation 49 CFR 391.41(b)(10).
drivers. The exemptions enable these
to comply with the terms and individuals to continue to operate CMVs The physical qualification standard
conditions of the exemption; (2) the in interstate commerce without meeting for drivers regarding vision found in 49
exemption has resulted in a lower level the vision requirement in one eye. CFR 391.41(b)(10) states that a person is
of safety than was maintained before it physically qualified to driver a CMV if
DATES: Each group of renewed
was granted; or (3) continuation of the exemptions were applicable on the that person has distant visual acuity of
exemption would not be consistent with dates stated in the discussions below at least 20/40 (Snellen) in each eye
the goals and objectives of 49 U.S.C. and will expire on the dates stated in without corrective lenses or visual
31136(e) and 31315. the discussions below. acuity separately corrected to 20/40
(Snellen) or better with corrective
V. Preemption FOR FURTHER INFORMATION CONTACT: Ms.
lenses, distant binocular acuity of a least
Christine A. Hydock, Chief, Medical 20/40 (Snellen) in both eyes with or
During the period the exemption is in Programs Division, 202–366–4001, without corrective lenses, field of vision
effect, no State shall enforce any law or fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian
regulation that conflicts with this Department of Transportation, 1200 in each eye, and the ability to recognize
exemption with respect to a person New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices
operating under the exemption. Washington, DC 20590–0001. Office showing red, green, and amber.
hours are from 8:30 a.m. to 5 p.m., ET,
VI. Conclusion Monday through Friday, except Federal III. Discussion of Comments
Based upon its evaluation of the 109 holidays. If you have questions FMCSA received no comments in this
exemption applications, FMCSA renews regarding viewing or submitting preceding.
the exemptions of the aforementioned material to the docket, contact Docket
Services, telephone (202) 366–9826. VI. Conclusion
drivers from the vision requirement in
49 CFR 391.41(b)(10), subject to the SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 86
requirements cited above. In accordance renewal exemption applications and
I. Electronic Access comments received, FMCSA confirms
with 49 U.S.C. 31136(e) and 31315, each
You may see all the comments online its’ decision to exempt the following
exemption will be valid for two years through the Federal Document drivers from the vision requirement in
unless revoked earlier by FMCSA. Management System (FDMS) at: http:// 49 CFR 391.41 (b)(10):
daltland on DSKBBV9HB2PROD with NOTICES
Issued on: January 5, 2018. www.regulations.gov. In accordance with 49 U.S.C. 31136(e)
Larry W. Minor, Docket: For access to the docket to and 31315, the following groups of
Associate Administrator for Policy. read background documents or drivers received renewed exemptions in
comments, go to http:// the month of October and are discussed
[FR Doc. 2018–00600 Filed 1–12–18; 8:45 am]
www.regulations.gov and/or Room below:
BILLING CODE 4910–EX–P
W12–140 on the ground level of the As of October 3, 2017, and in
West Building, 1200 New Jersey Avenue accordance with 49 U.S.C. 31136(e) and
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2316/page/4.svg)
Document Created: 2018-01-13 02:02:30
Document Modified: 2018-01-13 02:02:30
| 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 February 15, 2018. | |
| 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 | 83 FR 2306 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR