83_FR_2319 83 FR 2309 - Qualification of Drivers; Exemption Applications; Vision

83 FR 2309 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range2309-2311
FR Document2018-00586

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 requirement in one eye.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2309-2311]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00586]


-----------------------------------------------------------------------

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 final disposition.

-----------------------------------------------------------------------

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 
requirement 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.

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.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On October 11, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for 86 individuals from the vision 
requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate 
commerce and requested comments from the public (82 FR 47312). The 
public comment period ended on November 13, 2017, and no comments were 
received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV if that person has distant visual acuity of 
at least 20/40 (Snellen) in each eye without corrective lenses or 
visual acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of a least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing red, 
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

VI. Conclusion

    Based upon its evaluation of the 86 renewal exemption applications 
and comments received, FMCSA confirms its' decision to exempt the 
following drivers from the vision requirement in 49 CFR 391.41 (b)(10):
    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

[[Page 2310]]

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 (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 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 requirements (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 requirements (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 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 requirements (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 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 requirements (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.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless

[[Page 2311]]

revoked earlier by FMCSA. The exemption will be revoked if the 
following occurs: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained prior to being granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00586 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             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


                                               2310                          Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               31315, the following 54 individuals                     Phillip P. Mazza (WI)                                  54971; 72 FR 62896; 74 FR 34074; 74 FR
                                               have satisfied the renewal conditions for               Lawrence McGowan (OH)                                  41971; 74 FR 43221; 74 FR 49069; 76 FR
                                               obtaining an exemption from the vision                  John T. McWilliams (IA)                                55467; 76 FR 62143; 78 FR 77782; 80 FR
                                               requirement in the FMCSRs for                           Dionicio Mendoza (TX)                                  59225):
                                               interstate CMV drivers (65 FR 33406; 65                 Garth R. Mero (VT)                                     Calvin D. Atwood (NM)
                                               FR 57234; 66 FR 30502; 66 FR 41654;                     Charles A. Morgan (NC)                                 Andrew B. Clayton (TN)
                                               68 FR 13360; 68 FR 44837; 70 FR 12265;                  Willam V. Nickel (OR)                                  William P. Doolittle (MO)
                                               70 FR 41811; 71 FR 63379; 72 FR 180;                    Russell W. Nutter (OH)                                 Richard L. Gagnebin (KS)
                                               72 FR 1051; 72 FR 8417; 72 FR 9397; 72                  Nathan Pettis (FL)                                     Jonathan M. Gentry (TN)
                                               FR 27624; 72 FR 36099; 72 FR 39879;                     Mark A. Pirl (NC)                                      Benny D. Hatton, Jr. (NY)
                                               72 FR 40362; 72 FR 52419; 73 FR 78423;                  Timmy J. Pottebaum (IA)                                Robert W. Healey, Jr. (NJ)
                                               74 FR 19270; 74 FR 26461; 74 FR 26466;                  Jason W. Rupp (PA)                                     Nathaniel H. Herbert, Jr. (PA)
                                               74 FR 34395; 74 FR 34630; 74 FR 37295;                  Ricky J. Sanderson (UT)                                Thomas W. Markham (MN)
                                               74 FR 41971; 74 FR 48343; 74 FR 6211;                   Kirby R. Sands (IA)                                    Kevin L. Moody (OH)
                                               75 FR 79083; 76 FR 17481; 76 FR 25762;                  Manjinder Singh (WA)                                   Charles W. Mullenix (GA)
                                               76 FR 25766; 76 FR 28125; 76 FR 37169;                  Steven W. Stull (IL)
                                                                                                                                                              Garry L. Rogers (CO)
                                               76 FR 37885; 76 FR 44652; 76 FR 44653;                  Richard G. Vaughn (NC)
                                                                                                                                                              Gary M. Wolff (IL)
                                               76 FR 49528; 76 FR 50318; 76 FR 53708;                  Victor H. Vera (TX)
                                                                                                                                                              John C. Young (VA)
                                               76 FR 54530; 76 FR 61143; 77 FR 74734;                  Bruce W. Williams (IL)
                                                                                                                                                                The drivers were included in docket
                                               78 FR 4531; 78 FR 22598; 78 FR 24300;                      The drivers were included in docket
                                                                                                                                                              numbers FMCSA–1999–5578; FMCSA–
                                               78 FR 24798; 78 FR 34143; 78 FR 37270;                  numbers FMCSA–2000–7165; FMCSA–
                                                                                                                                                              2001–9561; FMCSA–2005–21254;
                                               78 FR 37274; 78 FR 41975; 78 FR 46407;                  2001–9561; FMCSA–2006–25246;
                                                                                                                                                              FMCSA–2005–21711; FMCSA–2007–
                                               78 FR 52602; 78 FR 56986; 78 FR 56993;                  FMCSA–2006–26066; FMCSA–2007–
                                                                                                                                                              27897. Their exemptions are applicable
                                               78 FR 77782; 78 FR 78477; 79 FR 4531;                   25246; FMCSA–2007–2663; FMCSA–
                                                                                                                                                              as of October 24, 2017, and will expire
                                               79 FR 53708; 79 FR 73686; 80 FR 2473;                   2007–27897; FMCSA–2009–0121;
                                                                                                                                                              on October 24, 2019.
                                               80 FR 12248; 80 FR 14223; 80 FR 18693;                  FMCSA–2009–0154; FMCSA–2011–
                                                                                                                                                                As of October 30, 2017, and in
                                               80 FR 22773; 80 FR 29152; 80 FR 31635;                  0024; FMCSA–2011–0092; FMCSA–
                                                                                                                                                              accordance with 49 U.S.C. 31136(e) and
                                               80 FR 31636; 80 FR 33011; 80 FR 35699;                  2011–0140; FMCSA–2011–0142;
                                                                                                                                                              31315, the following seven individuals
                                               80 FR 36395; 80 FR 37718; 80 FR 40122;                  FMCSA–2013–0026; FMCSA–2013–
                                                                                                                                                              have satisfied the renewal conditions for
                                               80 FR 41547; 80 FR 44188; 80 FR 45573;                  0027; FMCSA–2013–0029; FMCSA–
                                                                                                                                                              obtaining an exemption from the vision
                                               80 FR 48402; 80 FR 48404; 80 FR 48411;                  2013–0030; FMCSA–2014–0300;
                                                                                                                                                              requirements (64 FR 68195; 65 FR
                                               80 FR 48413; 80 FR 49302; 80 FR 50917;                  FMCSA–2014–0302; FMCSA–2014–
                                                                                                                                                              20251; 67 FR 17102; 68 FR 52811; 68 FR
                                               80 FR 59225; 80 FR 62161; 80 FR                         0304; FMCSA–2014–0305; FMCSA–
                                                                                                                                                              61860; 70 FR 61165; 71 FR 63379; 72 FR
                                               62163):                                                 2015–0049; FMCSA–2015–0052;
                                                                                                                                                              1050; 74 FR 49069; 74 FR 53581; 76 FR
                                               Deneris G. Allen (LA)                                   FMCSA–2015–0053; FMCSA–2015–
                                                                                                                                                              64171; 78 FR 68137; 80 FR 59225):
                                               Michael J. Altobelli (CT)                               0055. Their exemptions are applicable
                                                                                                       as of October 3, 2017, and will expire                 James D. Davis (OH)
                                               Joel D. Barchard (MA)                                                                                          Dewayne E. Harms (IL)
                                               Rocky B. Bentz (WI)                                     on October 3, 2019.
                                                                                                          As of October 23, 2017, and in                      David F. LeClerc (MN)
                                               Keith A. Bliss (NY)                                                                                            Jesse L. Townsend (LA)
                                               Ronald Bostick (SC)                                     accordance with 49 U.S.C. 31136(e) and
                                                                                                       31315, the following seven individuals                 Humberto A. Valles (TX)
                                               Steven J. Brauer (NJ)                                                                                          James A. Welch (NH)
                                               Jean-Pierre G. Brefort (CT)                             have satisfied the renewal conditions for
                                                                                                       obtaining an exemption from the vision                 Michael E. Yount (ID)
                                               Michael W. Britt (MD)
                                               Shaun E. Burnett (MO)                                   requirements (78 FR 47818; 78 FR                         The drivers were included in docket
                                               Kevin W. Cannon (TX)                                    63307; 80 FR 59225):                                   numbers FMCSA–1999–6480; FMCSA–
                                               Juan R. Cano (TX)                                       Larry E. Blakely (GA)                                  2003–15892; FMCSA–2006–26066.
                                               Charles C. Chapman (NC)                                 Britt A. Green (ND)                                    Their exemptions are applicable as of
                                               Thomas W. Crouch (IN)                                   Arlene S. Kent (NH)                                    October 30, 2017, and will expire on
                                               Verlin L. Driskell (NE)                                 Willie L. Murphy (IN)                                  October 30, 2019.
                                               Robin C. Duckett (SC)                                   Joseph J. Pudlik (IL)                                    As of October 31, 2017, and in
                                               Phillip Ergovich (MO)                                   Jeffrey R. Swett (SC)                                  accordance with 49 U.S.C. 31136(e) and
                                               Dan J. Feik (IL)                                        Brian C. Tate (VA)                                     31315, the following four individuals
                                               Saul E. Fierro (AZ)                                        The drivers were included in docket                 have satisfied the renewal conditions for
                                               Steven A. Garrity (MA)                                  number FMCSA–2013–0165. Their                          obtaining an exemption from the vision
                                               Mark E. Gessner (FL)                                    exemptions are applicable as of October                requirements (76 FR 55465; 76 FR
                                               David B. Ginther (PA)                                   23, 2017, and will expire on October 23,               67246; 78 FR 77782; 80 FR 59225):
                                               Dominic F. Giordano (CT)                                2019.                                                  Darrell G. Anthony (TX)
                                               Enrique F. Gonzalez (NC)                                   As of October 24, 2017, and in                      Harold L. Pearsall (PA)
                                               Donald A. Hall (NC)                                     accordance with 49 U.S.C. 31136(e) and                 Phillip M. Pridgen, Sr. (MD)
                                               Willard D. Hall (CA)                                    31315, the following 14 individuals                    Gerald D. Stidham (CO)
                                               Dennis H. Heller (KS)                                   have satisfied the renewal conditions for                The drivers were included in docket
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                                               Steven C. Holland (OK)                                  obtaining an exemption from the vision                 number FMCSA–2011–0189. Their
                                               Ronald E. Howard (PA)                                   requirements (64 FR 27027; 64 FR                       exemptions are applicable as of October
                                               Michael A. Kelly (TX)                                   51568; 66 FR 30502; 66 FR 41654; 66 FR                 31, 2017, and will expire on October 31,
                                               Abdullah T. Khalil (VA)                                 48504; 68 FR 44837; 68 FR 54775; 70 FR                 2019.
                                               Jorge Lopez (OH)                                        30999; 70 FR 41811; 70 FR 46567; 70 FR                   In accordance with 49 U.S.C. 31315,
                                               Alex P. Makhanov (WA)                                   48797; 70 FR 53412; 70 FR 61493; 72 FR                 each exemption will be valid for two
                                               Michael L. Martin (OH)                                  39879; 72 FR 40359; 72 FR 52421; 72 FR                 years from the effective date unless


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                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                            2311

                                               revoked earlier by FMCSA. The                           docket number(s) for this notice. Note                 391.41(b)(10). Accordingly, the Agency
                                               exemption will be revoked if the                        that all comments received will be                     will evaluate the qualifications of each
                                               following occurs: (1) The person fails to               posted without change to http://                       applicant to determine whether granting
                                               comply with the terms and conditions                    www.regulations.gov, including any                     an exemption will achieve the required
                                               of the exemption; (2) the exemption has                 personal information provided. Please                  level of safety mandated by statute.
                                               resulted in a lower level of safety than                see the Privacy Act heading below for                     The physical qualification standard
                                               was maintained prior to being granted;                  further information.                                   for drivers regarding vision found in 49
                                               or (3) continuation of the exemption                      Docket: For access to the docket to                  CFR 391.41(b)(10) states that a person is
                                               would not be consistent with the goals                  read background documents or                           physically qualified to drive a CMV if
                                               and objectives of 49 U.S.C. 31136 and                   comments, go to http://                                that person has distant visual acuity of
                                               31315.                                                  www.regulations.gov at any time or                     at least 20/40 (Snellen) in each eye
                                                                                                       Room W12–140 on the ground level of                    without corrective lenses or visual
                                                 Issued on: January 5, 2018.
                                                                                                       the West Building, 1200 New Jersey                     acuity separately corrected to 20/40
                                               Larry W. Minor,                                                                                                (Snellen) or better with corrective
                                                                                                       Avenue SE, Washington, DC, between 9
                                               Associate Administrator for Policy.                                                                            lenses, distant binocular acuity of at
                                                                                                       a.m. and 5 p.m., e.t., Monday through
                                               [FR Doc. 2018–00586 Filed 1–12–18; 8:45 am]             Friday, except Federal holidays. The                   least 20/40 (Snellen) in both eyes with
                                               BILLING CODE 4910–EX–P                                  FDMS is available 24 hours each day,                   or without corrective lenses, field of
                                                                                                       365 days each year. If you want                        vision of at least 70° in the horizontal
                                                                                                       acknowledgment that we received your                   Meridian in each eye, and the ability to
                                               DEPARTMENT OF TRANSPORTATION                            comments, please include a self-                       recognize the colors of traffic signals
                                                                                                       addressed, stamped envelope or                         and devices showing standard red,
                                               Federal Motor Carrier Safety                                                                                   green, and amber.
                                               Administration                                          postcard or print the acknowledgement
                                                                                                       page that appears after submitting                        In July 1992, the Agency first
                                               [Docket No. FMCSA–2017–0026]                            comments online.                                       published the criteria for the Vision
                                                                                                         Privacy Act: In accordance with 5                    Waiver Program, which listed the
                                               Qualification of Drivers; Exemption                     U.S.C. 553(c), DOT solicits comments                   conditions and reporting standards that
                                               Applications; Vision                                    from the public to better inform its                   CMV drivers approved for participation
                                                                                                       rulemaking process. DOT posts these                    would need to meet (Qualification of
                                               AGENCY: Federal Motor Carrier Safety                                                                           Drivers; Vision Waivers, 57 FR 31458,
                                               Administration (FMCSA), DOT.                            comments, without edit, including any
                                                                                                       personal information the commenter                     July 16, 1992). The current Vision
                                               ACTION: Notice of applications for                                                                             Exemption Program was established in
                                               exemption; request for comments.                        provides, to http://www.regulations.gov,
                                                                                                       as described in the system of records                  1998, following the enactment of
                                                                                                       notice (DOT/ALL–14 FDMS), which can                    amendments to the statutes governing
                                               SUMMARY:   FMCSA announces receipt of
                                                                                                       be reviewed at http://www.dot.gov/                     exemptions made by § 4007 of the
                                               applications from 18 individuals for an
                                                                                                       privacy.                                               Transportation Equity Act for the 21st
                                               exemption from the vision requirement
                                                                                                                                                              Century (TEA–21), Public Law 105–178,
                                               in the Federal Motor Carrier Safety                     FOR FURTHER INFORMATION CONTACT:     Ms.               112 Stat. 107, 401 (June 9, 1998). Vision
                                               Regulations (FMCSRs) to operate a                       Christine A. Hydock, Chief, Medical                    exemptions are considered under the
                                               commercial motor vehicle (CMV) in                       Programs Division, (202) 366–4001,                     procedures established in 49 CFR part
                                               interstate commerce. If granted, the                    fmcsamedical@dot.gov, FMCSA,                           381 subpart C, on a case-by-case basis
                                               exemptions will enable these                            Department of Transportation, 1200                     upon application by CMV drivers who
                                               individuals to operate CMVs in                          New Jersey Avenue SE, Room W64–224,                    do not meet the vision standards of 49
                                               interstate commerce without meeting                     Washington, DC 20590–0001. Office                      CFR 391.41(b)(10).
                                               the vision requirement in one eye.                      hours are 8:30 a.m. to 5 p.m., e.t.,                      To qualify for an exemption from the
                                               DATES: Comments must be received on                     Monday through Friday, except Federal                  vision requirement, FMCSA requires a
                                               or before February 15, 2018.                            holidays. If you have questions                        person to present verifiable evidence
                                               ADDRESSES: You may submit comments                      regarding viewing or submitting                        that he/she has driven a commercial
                                               bearing the Federal Docket Management                   material to the docket, contact Docket                 vehicle safely with the vision deficiency
                                               System (FDMS) Docket No. FMCSA–                         Services, telephone (202) 366–9826.                    for the past three years. Recent driving
                                               2017–0026 using any of the following                    SUPPLEMENTARY INFORMATION:                             performance is especially important in
                                               methods:                                                                                                       evaluating future safety, according to
                                                 • Federal eRulemaking Portal: Go to                   I. Background                                          several research studies designed to
                                               http://www.regulations.gov. Follow the                     Under 49 U.S.C. 31136(e) and 31315,                 correlate past and future driving
                                               online instructions for submitting                      FMCSA may grant an exemption from                      performance. Results of these studies
                                               comments.                                               the FMCSRs for a five-year period if it                support the principle that the best
                                                 • Mail: Docket Management Facility;                   finds ‘‘such exemption would likely                    predictor of future performance by a
                                               U.S. Department of Transportation, 1200                 achieve a level of safety that is                      driver is his/her past record of crashes
                                               New Jersey Avenue SE, West Building                     equivalent to or greater than the level                and traffic violations. Copies of the
                                               Ground Floor, Room W12–140,                             that would be achieved absent such                     studies may be found at Docket Number
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the               FMCSA–1998–3637.
                                                 • Hand Delivery: West Building                        Agency to renew exemptions at the end                     FMCSA believes it can properly apply
                                               Ground Floor, Room W12–140, 1200                        of the five-year period. FMCSA grants                  the principle to monocular drivers,
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                                               New Jersey Avenue SE, Washington,                       exemptions from the FMCSRs for a two-                  because data from the Federal Highway
                                               DC, between 9 a.m. and 5 p.m., e.t.,                    year period to align with the maximum                  Administration’s (FHWA) former waiver
                                               Monday through Friday, except Federal                   duration of a driver’s medical                         study program clearly demonstrated the
                                               Holidays.                                               certification.                                         driving performance of experienced
                                                 • Fax: 1–202–493–2251.                                   The 18 individuals listed in this                   monocular drivers in the program is
                                                 Instructions: Each submission must                    notice have requested an exemption                     better than that of all CMV drivers
                                               include the Agency name and the                         from the vision requirement in 49 CFR                  collectively (See 61 FR 13338, 13345,


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Document Created: 2018-01-13 02:02:51
Document Modified: 2018-01-13 02:02:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesEach 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.
ContactMs. 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 Citation83 FR 2309 

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