83 FR 24146 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 101 (May 24, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24146-24149 | |
| FR Document | 2018-11122 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Notices] [Pages 24146-24149] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11122] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA- 2002-12844; FMCSA-2003-15268; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0140; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0027; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0049; FMCSA-2015-0053; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0345; FMCSA-2015-0347; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0025] 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 119 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 June 25, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-12844; FMCSA-2003-15268; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0140; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0027; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; [[Page 24147]] FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0049; FMCSA-2015-0053; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0345; FMCSA-2015-0347; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0025 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, e.t., 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. 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 driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 119 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 119 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 68195; 65 FR 20251; 67 FR 10471; 67 FR 15662; 67 FR 17102; 67 FR 19798; 67 FR 37907; 67 FR 68719; 68 FR 2629; 68 FR 37197; 68 FR 48989; 68 FR 74699; 69 FR 10503; 69 FR 17267; 69 FR 19611; 69 FR 26206; 69 FR 64806; 69 FR 71100; 70 FR 2705; 70 FR 42615; 71 FR 6826; 71 FR 6829; 71 FR 14566; 71 FR 16410; 71 FR 19602; 71 FR 19604; 71 FR 26602; 71 FR 30227; 72 FR 1053; 72 FR 1054; 72 FR 39879; 72 FR 40360; 72 FR 52419; 73 FR 6242; 73 FR 11989; 73 FR 15567; 73 FR 16950; 73 FR 27014; 73 FR 27015; 73 FR 27017; 73 FR 76440; 74 FR 26464; 74 FR 34632; 74 FR 41971; 74 FR 49069; 74 FR 64124; 74 FR 65842; 75 FR 1835; 75 FR 9477; 75 FR 9480; 75 FR 9482; 75 FR 13653; 75 FR 14656; 75 FR 19674; 75 FR 22176; 75 FR 27621; 75 FR 27622; 75 FR 28684; 76 FR 37169; 76 FR 50318; 76 FR 54530; 76 FR 62143; 76 FR 70212; 76 FR 78729; 77 FR 3552; 77 FR 5874; 77 FR 7233; 77 FR 10604; 77 FR 13689; 77 FR 13691; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17117; 77 FR 20879; 77 FR 23797; 77 FR 23800; 77 FR 26816; 77 FR 27849; 77 FR 27850; 77 FR 31427; 78 FR 24798; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 64274; 78 FR 67454; 78 FR 67460; 78 FR 76395; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 1908; 79 FR 2247; 79 FR 2748; 79 FR 4803; 79 FR 10602; 79 FR 10607; 79 FR 10609; 79 FR 10611; 79 FR 13085; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 17642; 79 FR 17643; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22000; 79 FR 22003; 79 FR 23797; 79 FR 28588; 79 FR 29498; 80 FR 31636; 80 FR 40122; 80 FR 48413; 80 FR 59230; 80 FR 62163; 80 FR 63839; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 79414; 80 FR 80443; 81 FR 1284; 81 FR 1474; 81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 21647; 81 FR 21655; 81 FR 44680; 81 FR 48493; 81 FR 52516; 81 FR 66718; 81 FR 91239; 81 FR 96196). 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 [[Page 24148]] 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 May and are discussed below: As of May 7, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 46 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (68 FR 37197; 68 FR 48989; 69 FR 64806; 70 FR 2705; 70 FR 42615; 71 FR 6826; 71 FR 19602; 72 FR 1054; 72 FR 39879; 72 FR 40360; 72 FR 52419; 73 FR 6242; 73 FR 11989; 73 FR 16950; 74 FR 26464; 74 FR 34632; 74 FR 41971; 74 FR 49069; 74 FR 64124; 74 FR 65842; 75 FR 1835; 75 FR 9477; 75 FR 9480; 75 FR 9482; 75 FR 13653; 75 FR 22176; 76 FR 37169; 76 FR 50318; 76 FR 54530; 76 FR 62143; 76 FR 70212; 76 FR 78729; 77 FR 3552; 77 FR 5874; 77 FR 7233; 77 FR 10604; 77 FR 13689; 77 FR 13691; 77 FR 17107; 77 FR 17108; 77 FR 17117; 78 FR 24798; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 64274; 78 FR 67454; 78 FR 67460; 78 FR 76395; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 1908; 79 FR 2247; 79 FR 2748; 79 FR 4803; 79 FR 10602; 79 FR 10607; 79 FR 10609; 79 FR 10611; 79 FR 13085; 79 FR 14331; 79 FR 14333; 79 FR 17641; 79 FR 17642; 79 FR 17643; 79 FR 18391; 79 FR 22003; 80 FR 31636; 80 FR 40122; 80 FR 48413; 80 FR 59230; 80 FR 62163; 80 FR 63839; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 79414; 80 FR 80443; 81 FR 1284; 81 FR 1474; 81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 44680; 81 FR 48493; 81 FR 52516; 81 FR 91239): David R. Alford (UT) Bradley T. Alspach (IL) Otto J. Ammer, Jr. (PA) Terry L. Baker (KY) Morris R. Beebe, II (CO) Eugenio V. Bermudez (MA) Dominic A. Berube (MA) Troy C. Blackburn (OH) Lester E. Burnes (NM) Thomas F. Caithamer (IL) Bruce A. Cameron (ND) Freddie A. Carrasquillo (TX) Mark Castleman (MN) James A. Champion (WA) Loren D. Chapman (MN) Larry Chinn (WI) Charles W. Cox (AR) Walter F. Crean, III (CT) Bryan K. Dalton (NC) Vincent DeMedici (PA) Johnny Dillard (SC) John T. Edmondson (AL) Kenneth J. Fisk (MI) Brian W. Gillund (MN) Patrick W. Griffin (OK) Matt A. Guilmain (NH) Raymond L. Herman (NY) Elvin M. Hursh (PA) James R. Leoffler (CO) Melvin L. Lester (MS) Jerry P. Lindesmith (OK) Juan J. Luna (CA) Stephen R. Marshall (MS) Dale A. McCoy (ME) Cole W. McLaughlin (SD) John D. Morgan (PA) Russell L. Moyers, Sr. (WV) Ryan R. Ross (SC) Steven C. Sheeder (IA) Charles H. Strople (MA) Eric Taniguchi (HI) Robert L. Thies (IN) Ronald L. Walker (FL) Charles G. Warshun, Jr. (NY) Alan T. Watterson (MA) Oscar M. Wilkins (ME) The drivers were included in docket numbers FMCSA-2003-15268; FMCSA-2004-19477; FMCSA-2006-23773; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0140; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2013-0027; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2015-0049; FMCSA-2015-0053; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0345; FMCSA-2015-0347; FMCSA-2015-0351. Their exemptions are applicable as of May 7, 2018, and will expire on May 7, 2020. As of May 11, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 15184; 77 FR 27850; 79 FR 21996; 81 FR 91239): Robert L. Brauns (IA) Clifford W. Doran, Jr. (NC) Gelnn C. Grimm (NJ) Richard A. Pucker (WI) John M. Riley (AL) Jeffery A. Sheets (AR) The drivers were included in docket numbers FMCSA-2011-0379; FMCSA- 2011-0380. Their exemptions are applicable as of May 11, 2018, and will expire on May 11, 2020. As of May 12, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (67 FR 68719; 68 FR 2629; 68 FR 74699; 69 FR 10503; 69 FR 71100; 71 FR 6826; 71 FR 6829; 71 FR 19602; 72 FR 1053; 73 FR 11989; 73 FR 15567; 73 FR 27015; 73 FR 76440; 75 FR 13653; 75 FR 19674; 77 FR 23797; 79 FR 23797; 81 FR 91239): Leo G. Becker (KS) Stanley W. Davis (TX) Ray L. Emert (PA) John W. Forgy (ID) Neil W. Jennings (MO) David A. Miller (NE) Aaron S. Taylor (WI) The drivers were included in docket numbers FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2006-23773; FMCSA-2008-0021. Their exemptions are applicable as of May 12, 2018, and will expire on May 12, 2020. As of May 13, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (81 FR 21647; 81 FR 21655; 81 FR 66718): Jose O. Arroyo (CA) Ronald H. Carey (PA) James T. Curtis (NM) Mark E. Dow (VT) Danny R. Floyd (OH) William J. Krysinski (MN) Bradley K. Linde (IA) Scott A. Palmer (NY) Colby T. Smith (UT) Carl J. Warnecke (OH) Edwin E. West (MO) The drivers were included in docket numbers FMCSA-2016-0024; FMCSA- 2016-0025. Their exemptions are applicable as of May 13, 2018, and will expire on May 13, 2020. As of May 16, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 23 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (79 FR 14571; 79 FR 28588; 81 FR 91239; 81 FR 96196): Luis A. Agudo (MN) Dmitriy D. Bayda (WA) Billy D. Devine (WA) James G. Donze (MO) Jeffrey D. Duncan (IN) [[Page 24149]] Dennis A. Feather (SC) Robert E. Johnston, Jr. (WA) Gregory J. Kuhn (NE) David W. Leach (IL) Jason S. Logue (GA) David F. Martin (NJ) Martin L. Mayes (GA) Daniel A. McNabb, Jr. (KS) Phillip L. Mello (CA) Robert L. Murray (IL) Steve W. Quenzer (SD) Bradley W. Reed (AL) Erik M. Rice (TX) Tatum R. Schmidt (IA) Harry J. Scholl (PA) Jacob A. Shaffer (PA) James S. Smith (AR) Steven S. Smith, Jr. (PA) The drivers were included in docket number FMCSA-2014-0003. Their exemptions are applicable as of May 16, 2018, and will expire on May 16, 2020. As of May 21, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (75 FR 9480; 75 FR 14656; 75 FR 22176; 75 FR 28684; 77 FR 23800; 79 FR 22000; 81 FR 91239): Herbert C. Hirsch, (MO); Douglas L. Norman, (NC); Wayne J. Savage, (VA). The drivers were included in docket numbers FMCSA-2009-0011; FMCSA- 2010-0050. Their exemptions are applicable as of May 21, 2018, and will expire on May 21, 2020. As of May 22, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (79 FR 18392; 79 FR 29498; 81 FR 91239): James E. Baker (OH) Aaron D. Barnett (IA) Danny J. Goss (MO) James P. Griffin (WA) Dennis P. Hart (OR) James D. Kessler (SD) Sherell J. Landry (TX) Ronald N. Lindgren (MN) Rodney J. McMorran (IA) John L. Meese (MO) Michael E. Schlachter (WY) Kenneth W. Sigl (WI) Elmer F. Winters (NC) The drivers were included in docket number FMCSA-2014-0004. Their exemptions are applicable as of May 22, 2018, and will expire on May 22, 2020. As of May 25, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 68195; 65 FR 20251; 67 FR 10471; 67 FR 17102; 67 FR 19798; 69 FR 17267; 69 FR 19611; 71 FR 14566; 71 FR 16410; 71 FR 19604; 71 FR 30227; 73 FR 27014; 75 FR 27622; 77 FR 20879; 77 FR 26816; 77 FR 31427; 81 FR 91239): Edward W. Hosier (MO) Craig T. Jorgensen (WI) Jose A. Lopez (CT) Earl E. Martin (VA) Joseph C. Powell (VA) David L. Schachle (PA) Mark Sobczyk (WI) The drivers were included in docket numbers FMCSA-1999-6480; FMCSA- 2001-11426; FMCSA-2006-24015; FMCSA-2012-0039. Their exemptions are applicable as of May 25, 2018, and will expire on May 25, 2020. As of May 30, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (67 FR 15662; 67 FR 37907; 69 FR 26206; 71 FR 26602; 73 FR 27017; 75 FR 27621; 77 FR 27849; 81 FR 91239): Joe W. Brewer, (SC); James W. Ellis, 4th, (NC); Kevin R. Stoner, (PA). The drivers were included in docket number FMCSA-2002-11714. Their exemptions are applicable as of May 30, 2018, and will expire on May 30, 2020. 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 119 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: May 16, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11122 Filed 5-23-18; 8:45 am] BILLING CODE 4910-EX-P
![24146 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices
the 2007 recommendations of the maintain a stable treatment during the DEPARTMENT OF TRANSPORTATION
Agency’s Medical Expert Panel (MEP). two-year exemption period; (2) each
The January 15, 2013, Federal Register driver must submit annual reports from Federal Motor Carrier Safety
notice (78 FR 3069) provides the current their treating physicians attesting to the Administration
MEP recommendations which is the stability of treatment and that the driver [Docket No. FMCSA–1999–6480; FMCSA–
criteria the Agency uses to grant seizure has remained seizure-free; (3) each 2001–11426; FMCSA–2002–11714; FMCSA–
exemptions. driver must undergo an annual medical 2002–12844; FMCSA–2003–15268; FMCSA–
The Agency’s decision regarding these examination by a certified Medical 2003–16564; FMCSA–2004–19477; FMCSA–
exemption applications is based on an 2006–23773; FMCSA–2006–24015; FMCSA–
Examiner, as defined by 49 CFR 390.5;
individualized assessment of each 2007–0071; FMCSA–2007–27897; FMCSA–
and (4) each driver must provide a copy 2008–0021; FMCSA–2009–0011; FMCSA–
applicant’s medical information,
including the root cause of the of the annual medical certification to 2009–0291; FMCSA–2009–0321; FMCSA–
respective seizure(s) and medical the employer for retention in the 2010–0050; FMCSA–2011–0140; FMCSA–
driver’s qualification file, or keep a copy 2011–0365; FMCSA–2011–0366; FMCSA–
information about the applicant’s 2011–0379; FMCSA–2011–0380; FMCSA–
seizure history, the length of time that of his/her driver’s qualification file if
2012–0039; FMCSA–2013–0027; FMCSA–
has elapsed since the individual’s last he/she is self-employed. The driver 2013–0030; FMCSA–2013–0165; FMCSA–
seizure, the stability of each individual’s must also have a copy of the exemption 2013–0166; FMCSA–2013–0167; FMCSA–
treatment regimen and the duration of when driving, for presentation to a duly 2013–0168; FMCSA–2013–0169; FMCSA–
time on or off of anti-seizure authorized Federal, State, or local 2013–0170; FMCSA–2013–0174; FMCSA–
medication. In addition, the Agency enforcement official. 2014–0002; FMCSA–2014–0003; FMCSA–
reviewed the treating clinician’s 2014–0004; FMCSA–2015–0049; FMCSA–
medical opinion related to the ability of VI. Preemption 2015–0053; FMCSA–2015–0056; FMCSA–
2015–0070; FMCSA–2015–0072; FMCSA–
the driver to safely operate a CMV with During the period the exemption is in 2015–0345; FMCSA–2015–0347; FMCSA–
a history of seizure and each applicant’s effect, no State shall enforce any law or 2015–0351; FMCSA–2016–0024; FMCSA–
driving record found in the Commercial regulation that conflicts with this 2016–0025]
Driver’s License Information System
exemption with respect to a person
(CDLIS) for commercial driver’s license Qualification of Drivers; Exemption
operating under the exemption.
(CDL) holders, and interstate and Applications; Vision
intrastate inspections recorded in the VII. Conclusion
Motor Carrier Management Information AGENCY: Federal Motor Carrier Safety
System (MCMIS). For non-CDL holders, Based upon its evaluation of the seven Administration (FMCSA), DOT.
the Agency reviewed the driving records exemption applications, FMCSA ACTION: Notice of renewal of
from the State Driver’s Licensing exempts the following drivers from the exemptions; request for comments.
Agency (SDLA). A summary of each epilepsy and seizure disorder SUMMARY: FMCSA announces its
applicant’s seizure history was prohibition, 49 CFR 391.41(b)(8), subject decision to renew exemptions for 119
discussed in the March 22, 2018 Federal to the requirements cited above: individuals from the vision requirement
Register notice (83 FR 12641) and will in the Federal Motor Carrier Safety
not be repeated in this notice. Brian L. Johnson (MN)
Regulations (FMCSRs) for interstate
These seven applicants have been Gerald Klein Jr. (ID) commercial motor vehicle (CMV)
seizure-free over a range of 29 years Shane W. Martinek (OK) drivers. The exemptions enable these
while taking anti-seizure medication individuals to continue to operate CMVs
and maintained a stable medication Sean P. Plover (PA)
in interstate commerce without meeting
treatment regimen for the last two years. Stephen M. Soden (LA)
the vision requirements in one eye.
In each case, the applicant’s treating Leon A. Stannard (NY) DATES: Each group of renewed
physician verified his or her seizure
William P. Swick (MI) exemptions were applicable on the
history and supports the ability to drive
dates stated in the discussions below
commercially. In accordance with 49 U.S.C.
The Agency acknowledges the and will expire on the dates stated in
31315(b)(1), each exemption will be the discussions below. Comments must
potential consequences of a driver valid for two years from the effective
experiencing a seizure while operating a be received on or before June 25, 2018.
date unless revoked earlier by FMCSA. ADDRESSES: You may submit comments
CMV. However, the Agency believes the The exemption will be revoked if the
drivers granted this exemption have bearing the Federal Docket Management
following occurs: (1) The person fails to System (FDMS) Docket No. FMCSA–
demonstrated that they are unlikely to comply with the terms and conditions
have a seizure and their medical 1999–6480; FMCSA–2001–11426;
of the exemption; (2) the exemption has FMCSA–2002–11714; FMCSA–2002–
condition does not pose a risk to public
resulted in a lower level of safety than 12844; FMCSA–2003–15268; FMCSA–
safety.
Consequently, FMCSA finds that in was maintained prior to being granted; 2003–16564; FMCSA–2004–19477;
each case exempting these applicants or (3) continuation of the exemption FMCSA–2006–23773; FMCSA–2006–
from the epilepsy and seizure disorder would not be consistent with the goals 24015; FMCSA–2007–0071; FMCSA–
prohibition in 49 CFR 391.41(b)(8) is and objectives of 49 U.S.C. 31136 and 2007–27897; FMCSA–2008–0021;
likely to achieve a level of safety equal 31315. FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2009–0321; FMCSA–
sradovich on DSK3GMQ082PROD with NOTICES
to that existing without the exemption. Issued on: May 16, 2018.
2010–0050; FMCSA–2011–0140;
V. Conditions and Requirements Larry W. Minor,
FMCSA–2011–0365; FMCSA–2011–
The terms and conditions of the Associate Administrator for Policy. 0366; FMCSA–2011–0379; FMCSA–
exemption are provided to the [FR Doc. 2018–11121 Filed 5–23–18; 8:45 am] 2011–0380; FMCSA–2012–0039;
applicants in the exemption document BILLING CODE 4910–EX–P FMCSA–2013–0027; FMCSA–2013–
and includes the following: (1) Each 0030; FMCSA–2013–0165; FMCSA–
driver must remain seizure-free and 2013–0166; FMCSA–2013–0167;
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![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices 24149
Dennis A. Feather (SC) obtaining an exemption from the vision conditions of the exemption; (2) the
Robert E. Johnston, Jr. (WA) requirement in the FMCSRs for exemption has resulted in a lower level
Gregory J. Kuhn (NE) interstate CMV drivers (64 FR 68195; 65 of safety than was maintained before it
David W. Leach (IL) FR 20251; 67 FR 10471; 67 FR 17102; was granted; or (3) continuation of the
Jason S. Logue (GA) 67 FR 19798; 69 FR 17267; 69 FR 19611; exemption would not be consistent with
David F. Martin (NJ) 71 FR 14566; 71 FR 16410; 71 FR 19604; the goals and objectives of 49 U.S.C.
Martin L. Mayes (GA) 71 FR 30227; 73 FR 27014; 75 FR 27622; 31136(e) and 31315.
Daniel A. McNabb, Jr. (KS) 77 FR 20879; 77 FR 26816; 77 FR 31427;
Phillip L. Mello (CA) V. Preemption
81 FR 91239):
Robert L. Murray (IL) Edward W. Hosier (MO) During the period the exemption is in
Steve W. Quenzer (SD) Craig T. Jorgensen (WI) effect, no State shall enforce any law or
Bradley W. Reed (AL) Jose A. Lopez (CT) regulation that conflicts with this
Erik M. Rice (TX) Earl E. Martin (VA) exemption with respect to a person
Tatum R. Schmidt (IA) Joseph C. Powell (VA) operating under the exemption.
Harry J. Scholl (PA) David L. Schachle (PA)
Jacob A. Shaffer (PA) VI. Conclusion
Mark Sobczyk (WI)
James S. Smith (AR) Based upon its evaluation of the 119
The drivers were included in docket
Steven S. Smith, Jr. (PA) exemption applications, FMCSA renews
numbers FMCSA–1999–6480; FMCSA–
The drivers were included in docket the exemptions of the aforementioned
2001–11426; FMCSA–2006–24015;
number FMCSA–2014–0003. Their drivers from the vision requirement in
FMCSA–2012–0039. Their exemptions
exemptions are applicable as of May 16, 49 CFR 391.41(b)(10), subject to the
are applicable as of May 25, 2018, and
2018, and will expire on May 16, 2020. requirements cited above. In accordance
will expire on May 25, 2020.
As of May 21, 2018, and in with 49 U.S.C. 31136(e) and 31315, each
As of May 30, 2018, and in
accordance with 49 U.S.C. 31136(e) and exemption will be valid for two years
accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals unless revoked earlier by FMCSA.
31315, the following three individuals
have satisfied the renewal conditions for have satisfied the renewal conditions for Issued on: May 16, 2018.
obtaining an exemption from the vision obtaining an exemption from the vision Larry W. Minor,
requirement in the FMCSRs for requirement in the FMCSRs for Associate Administrator for Policy.
interstate CMV drivers (75 FR 9480; 75 interstate CMV drivers (67 FR 15662; 67 [FR Doc. 2018–11122 Filed 5–23–18; 8:45 am]
FR 14656; 75 FR 22176; 75 FR 28684; FR 37907; 69 FR 26206; 71 FR 26602; BILLING CODE 4910–EX–P
77 FR 23800; 79 FR 22000; 81 FR 73 FR 27017; 75 FR 27621; 77 FR 27849;
91239): Herbert C. Hirsch, (MO); 81 FR 91239): Joe W. Brewer, (SC);
Douglas L. Norman, (NC); Wayne J. James W. Ellis, 4th, (NC); Kevin R. DEPARTMENT OF TRANSPORTATION
Savage, (VA). Stoner, (PA).
The drivers were included in docket The drivers were included in docket Federal Motor Carrier Safety
numbers FMCSA–2009–0011; FMCSA– number FMCSA–2002–11714. Their Administration
2010–0050. Their exemptions are exemptions are applicable as of May 30,
applicable as of May 21, 2018, and will 2018, and will expire on May 30, 2020. [Docket No. FMCSA–2017–0313]
expire on May 21, 2020.
As of May 22, 2018, and in IV. Conditions and Requirements Agency Information Collection
accordance with 49 U.S.C. 31136(e) and Activities; Approval of a New
The exemptions are extended subject
31315, the following 13 individuals Information Collection Request: Driver
to the following conditions: (1) Each
have satisfied the renewal conditions for Commuting Practices Survey
driver must undergo an annual physical
obtaining an exemption from the vision examination (a) by an ophthalmologist AGENCY: Federal Motor Carrier Safety
requirement in the FMCSRs for or optometrist who attests that the Administration (FMCSA), DOT.
interstate CMV drivers (79 FR 18392; 79 vision in the better eye continues to ACTION: Notice and request for
FR 29498; 81 FR 91239): meet the requirements in 49 CFR comments.
James E. Baker (OH) 391.41(b)(10), and (b) by a certified
Aaron D. Barnett (IA) Medical Examiner, as defined by 49 CFR SUMMARY: In accordance with the
Danny J. Goss (MO) 390.5, who attests that the driver is Paperwork Reduction Act of 1995,
James P. Griffin (WA) otherwise physically qualified under 49 FMCSA announces its plan to submit
Dennis P. Hart (OR) CFR 391.41; (2) each driver must the Information Collection Request (ICR)
James D. Kessler (SD) provide a copy of the ophthalmologist’s described below to the Office of
Sherell J. Landry (TX) or optometrist’s report to the Medical Management and Budget (OMB) for
Ronald N. Lindgren (MN) Examiner at the time of the annual review and approval.
Rodney J. McMorran (IA) medical examination; and (3) each FMCSA proposes a voluntary survey
John L. Meese (MO) driver must provide a copy of the to inquire about driver commuting
Michael E. Schlachter (WY) annual medical certification to the practices to fulfill Section 5515 of the
Kenneth W. Sigl (WI) employer for retention in the driver’s Fixing America’s Surface Transportation
Elmer F. Winters (NC) qualification file or keep a copy of his/ Act, 2015 (FAST Act), which requires
The drivers were included in docket her driver’s qualification if he/her is FMCSA to conduct a study on the safety
sradovich on DSK3GMQ082PROD with NOTICES
number FMCSA–2014–0004. Their self- employed. The driver must also effects of motor carrier operator
exemptions are applicable as of May 22, have a copy of the exemption when commutes exceeding 150 minutes. The
2018, and will expire on May 22, 2020. driving, for presentation to a duly FMCSA Administrator is then required
As of May 25, 2018, and in authorized Federal, State, or local to submit a report to Congress
accordance with 49 U.S.C. 31136(e) and enforcement official. The exemption containing the findings of the study.
31315, the following seven individuals will be rescinded if: (1) The person fails There are no current or future planned
have satisfied the renewal conditions for to comply with the terms and regulations associated with this survey,
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Document Created: 2018-05-24 00:05:20
Document Modified: 2018-05-24 00:05:20
| 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 June 25, 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 24146 |
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