83 FR 28307 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28307-28310 | |
| FR Document | 2018-12999 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28307-28310] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12999] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-2000-8398; FMCSA- 2001-9561; FMCSA-2003-14504; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA- 2005-20560; FMCSA-2005-21254; FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0121; FMCSA-2009-0154; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 86 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirements in one eye. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 18, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-2000-8398; FMCSA-2001-9561; FMCSA-2003-14504; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0121; FMCSA-2009-0154; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. [[Page 28308]] 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. 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 86 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 86 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (63 FR 66226; 64 FR 16517; 64 FR 27027; 64 FR 51568; 65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 66 FR 41656; 66 FR 48504; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 44837; 68 FR 48989; 68 FR 54775; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 42615; 70 FR 46567; 70 FR 53412; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 39879; 72 FR 40362; 72 FR 46261; 72 FR 52419; 72 FR 54972; 72 FR 62896; 74 FR 19270; 74 FR 20523; 74 FR 23472; 74 FR 26461; 74 FR 26464; 74 FR 34394; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 43221; 74 FR 43223; 74 FR 48343; 76 FR 25762; 76 FR 25766; 76 FR 32017; 76 FR 34135; 76 FR 34136; 76 FR 37168; 76 FR 37169; 76 FR 37885; 76 FR 40445; 76 FR 44652; 76 FR 50318; 76 FR 53708; 76 FR 53710; 76 FR 53710; 76 FR 54530; 76; FR 55463; 76 FR 55469; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 78477; 79 FR 4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR 44188; 80 FR 48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 80 FR 49302; 80 FR 50915; 80 FR 50917; 80 FR 53383; 80 FR 62161; 80 FR 62163). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. As of September 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 35 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 68 FR 13360; 68 FR 44837; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 40362; 74 FR 19270; 74 FR 23472; 74 FR 26461; 74 FR 26464; 74 FR 34395; 74 FR 34630; 76 FR 25762; 76 FR 25766; 76 FR 32017; 76 FR 34135; 76 FR 37168; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 50318; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 79 FR 4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR 44188; 80 FR 48404; 80 FR 48409; 80 FR 50917; 80 FR 62161; 80 FR 62163): Robert D. Arkwright (MS) Roger Bell (IL) Phillip J. Boes (MN) Dale E. Bunke (ID) Daniel G. Cohen (VT) Jeffrey W. Cotner (OR) Jeffrey S. Daniel (VA) John J. Davis (SC) Roy H. Degner (IA) David S. Devine (ID) John C. Dimassa (WA) Mark J. Dufresne (NH) Donnie H. Eagle (WV) [[Page 28309]] Dennis C. Edler (PA) Steven G. Garrett (CA) Eric M. Grayson (KY) William K. Gullett (KY) David A. Hayes (GA) John T. Johnson (NM) Jay D. Labrum (UT) Spencer E. Leonard (OH) Brian P. Millard (SC) Gonzalo Pena (FL) Richard E. Perry (CA) Timothy J. Slone (KY) Hoyt V. Smith (SC) Dennis W. Stubrich (PA) Lee T. Taylor (FL) Michael J. Thane (OH) Jon C. Thompson (TX) James L. Tinsley, Jr. (VA) George F. Treece (IL) Harlon C. VanBlaricom (MN) Jeff L. Wheeler (IA) Zachary J. Workman (ID) The drivers were included in the following docket numbers: FMCSA- 2000-8398; FMCSA-2001-9561; FMCSA-2005-20560; FMCSA-2007-27333; FMCSA- 2007-27515; FMCSA-2009-0121; FMCSA-2011-0092; FMCSA-2011-0140; FMCSA- 2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA- 2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA- 2015-0052; FMCSA-2015-0053; FMCSA-2015-0055. Their exemptions are applicable as of September 6, 2017, and will expire on September 6, 2019. As of September 7, 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 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 50915): Charles E. Carter (MI) James A. Ellis (NY) Dale L. Giardine (PA) Peter M. Shirk (PA) The drivers were included in docket numbers: FMCSA-2011-0124; FMCSA-2011-0140. Their exemptions are applicable as of September 7, 2017, and will expire on September 7, 2019. As of September 13, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (76 FR 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 50915): John A. Bridges (GA) Brian W. Curtis (IL) Tomie L. Estes (MO) Ray C. Johnson (AR) James J. Mitchell (NC) Andrew M. Nurnberg (GA) Joshua R. Perkins (ID) Craig R. Saari (MN) Jerry L. Schroder (IL) Larry D. Steiner (MN) The drivers were included in docket numbers: FMCSA-2011-0124; FMCSA-2011-0140. Their exemptions are applicable as of September 13, 2017, and will expire on September 13, 2019. As of September 16, 2017, 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 requirements (78 FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 80 FR 48411): Carl Block (NY) Christopher Brim (TN) John Camp (GA) Ralph Carr (PA) Phyllis Dodson (IN) Juan M. Guerrero (TX) Berl C. Jennings (VA) Udum Khamsoksavath (WA) Vincent Marsee, Sr. (NC) Jerome Paintner (ND) David Snellings (MD) The drivers were included in docket numbers: FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030. Their exemptions are applicable as of September 16, 2017, and will expire on September 16, 2019. As of September 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (78 FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 80 FR 48411): Michael K. Adams (OH) Eleazar R. Balli (TX) Darrell W. Bayless (TX) Lloyd D. Burgess (OH) Clifford D. Carpenter (MO) Cecil A. Evey (ID) Kamal A. Gaddah (OH) Eric M. Kousgaard (NE) James F. McMahon, Jr. (NH) Samuel A. Miller (IN) Larry T. Rogers (IL) Marcial Soto-Rivas (OR) Boyd D. Stamey (NC) David C. Sybesma (ID) Matthew K. Tucker (MN) The drivers were included in docket numbers: FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2009-0154; FMCSA-2011-0124. Their exemptions are applicable as of September 22, 2017, and will expire on September 22, 2019. As of September 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 48989; 68 FR 54775; 70 FR 30999; 70 FR 42615; 70 FR 46567; 70 FR 53412; 72 FR 39879; 72 FR 52419; 72 FR 62896; 74 FR 43221; 76 FR 53708; 78 FR 78477; 80 FR 53383): Linda L. Billings (NV) Weldon R. Evans (OH) Orasio Garcia (TX) Leslie W. Good (OR) James P. Guth (PA) Gregory K. Lilly (WV) Kenneth A. Reddick (PA) Leonard Rice, Jr. (GA) James T. Sullivan (KY) The drivers were included in docket numbers: FMCSA-1999-5578; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-2007-27897. Their exemptions are applicable as of September 23, 2017, and will expire on September 23, 2019. As of September 27, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (72 FR 46261; 72 FR 54972; 74 FR 43223; 76 FR 40445; 76 FR 53710; 76 FR 55469; 78 FR 78477): Joe M. Flores (NM), Kenneth D. Perkins (NC). The drivers were included in docket numbers: FMCSA-1999-5578; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-2007-27897. Their exemptions are applicable as of September 27, 2017, and will expire on September 27, 2019. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly [[Page 28310]] authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 86 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-12999 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28307
event of an appeal from a panel, USTR commercial motor vehicle (CMV) ACTION:Notice of renewal of
will make the following documents drivers. exemptions; request for comments.
publicly available at www.ustr.gov: The Old Dominion applied for an
U.S. submissions and any non- SUMMARY: FMCSA announces its
exemption from the ELD requirements decision to renew exemptions for 86
confidential summaries of submissions to allow the company to install ELD
received from other participants in the individuals from the vision requirement
devices running on automatic on-board in the Federal Motor Carrier Safety
dispute. If a dispute settlement panel is recording device (AOBRD) software in
convened, or in the event of an appeal Regulations (FMCSRs) for interstate
CMVs added to the company’s fleet for commercial motor vehicle (CMV)
from a panel, the report of the panel, up to one year from the December 18,
and, if applicable, the report of the drivers. The exemptions enable these
2017, ELD mandate compliance date. If individuals to continue to operate CMVs
Appellate Body, will also be available granted, this modified ELD phase-in in interstate commerce without meeting
on the website of the World Trade period would have allowed Old the vision requirements in one eye.
Organization, at www.wto.org. Dominion’s AORBD/ELD provider, DATES: Each group of renewed
Juan Millan, PeopleNet, to complete the development exemptions were applicable on the
Assistant United States Trade Representative of the software necessary to integrate dates stated in the discussions below
for Monitoring and Enforcement, Office of ELD data with the company’s fleet and will expire on the dates stated in
the U.S. Trade Representative. management and safety systems to fully the discussions below. Comments must
[FR Doc. 2018–12967 Filed 6–15–18; 8:45 am] meet the ELD mandate. FMCSA be received on or before July 18, 2018.
BILLING CODE 3290–F8–P considered the request to be on behalf FOR FURTHER INFORMATION CONTACT: Ms.
of all motor carriers in similar situations Christine A. Hydock, Chief, Medical
concerning the integration of Programs Division, 202–366–4001,
DEPARTMENT OF TRANSPORTATION PeopleNet’s ELD software into fleet fmcsamedical@dot.gov, FMCSA,
management systems. On January 31, Department of Transportation, 1200
Federal Motor Carrier Safety 2018, FMCSA published a Federal New Jersey Avenue SE, Room W64–224,
Administration Register notice of Old Dominion’s Washington, DC 20590–0001. Office
application for exemption and asked for hours are from 8:30 a.m. to 5 p.m., e.t.,
[Docket No. FMCSA–2018–0002]
public comment (83 FR 4548). On Monday through Friday, except Federal
Hours of Service of Drivers: Electronic March 12, 2018, by letter, Old Dominion holidays. If you have questions
Logging Devices; Application for asked to withdraw its application for the regarding viewing or submitting
Exemption; Old Dominion and Other requested exemption. The letter of material to the docket, contact Docket
Motor Carriers Experiencing Problems withdrawal is in the docket for this Services, telephone (202) 366–9826.
Integrating PeopleNet ELD System notice. The Agency accordingly accepts ADDRESSES: You may submit comments
Updates Into Their Fleet Management Old Dominion’s request to withdraw its bearing the Federal Docket Management
Systems application and closes the docket of this System (FDMS) Docket No. FMCSA–
matter. 1998–4334; FMCSA–1999–5578;
AGENCY: Federal Motor Carrier Safety Issued on: June 11, 2018. FMCSA–2000–8398; FMCSA–2001–
Administration (FMCSA), DOT.
Larry W. Minor, 9561; FMCSA–2003–14504; FMCSA–
ACTION: Notice of withdrawal of 2003–14504; FMCSA–2003–15268;
Associate Administrator for Policy.
application for exemption. FMCSA–2005–20560; FMCSA–2005–
[FR Doc. 2018–12986 Filed 6–15–18; 8:45 am]
SUMMARY: FMCSA announces that it has BILLING CODE 4910–EX–P
21254; FMCSA–2007–27333; FMCSA–
accepted the request of Old Dominion 2007–27515; FMCSA–2007–27897;
Freight Line Inc. (Old Dominion) to FMCSA–2007–28695; FMCSA–2008–
withdraw its application for an DEPARTMENT OF TRANSPORTATION 0121; FMCSA–2009–0154; FMCSA–
exemption from the Agency’s electronic 2011–0092; FMCSA–2011–0124;
logging device (ELD) requirements. Old Federal Motor Carrier Safety FMCSA–2011–0140; FMCSA–2011–
Dominion no longer needs the Administration 0141; FMCSA–2013–0027; FMCSA–
exemption. 2013–0028; FMCSA–2013–0029;
[Docket No. FMCSA–1998–4334; FMCSA– FMCSA–2013–0030; FMCSA–2014–
FOR FURTHER INFORMATION CONTACT: For 0007; FMCSA–2014–0300; FMCSA–
1999–5578; FMCSA–2000–8398; FMCSA–
information concerning this notice, 2014–0304; FMCSA–2015–0048;
2001–9561; FMCSA–2003–14504; FMCSA–
contact Mr. Tom Yager, Chief, FMCSA 2003–14504; FMCSA–2003–15268; FMCSA– FMCSA–2015–0052; FMCSA–2015–
Driver and Carrier Operations Division; 2005–20560; FMCSA–2005–21254; FMCSA– 0053; FMCSA–2015–0055 using any of
Office of Carrier, Driver and Vehicle 2007–27333; FMCSA–2007–27515; FMCSA– the following methods:
Safety Standards; Telephone: 614–942– 2007–27897; FMCSA–2007–28695; FMCSA– • Federal eRulemaking Portal: Go to
6477. Email: MCPSD@dot.gov. 2008–0121; FMCSA–2009–0154; FMCSA– http://www.regulations.gov. Follow the
SUPPLEMENTARY INFORMATION: 2011–0092; FMCSA–2011–0124; FMCSA– online instructions for submitting
2011–0140; FMCSA–2011–0141; FMCSA– comments.
Background 2013–0027; FMCSA–2013–0028; FMCSA– • Mail: Docket Management Facility;
Old Dominion, USDOT 90849, reports 2013–0029; FMCSA–2013–0030; FMCSA–
U.S. Department of Transportation, 1200
2014–0007; FMCSA–2014–0300; FMCSA–
that it is an interstate motor carrier New Jersey Avenue SE, West Building
2014–0304; FMCSA–2015–0048; FMCSA–
based in North Carolina with 228 Ground Floor, Room W12–140,
amozie on DSK3GDR082PROD with NOTICES1
2015–0052; FMCSA–2015–0053; FMCSA–
Service Centers located throughout the 2015–0055] Washington, DC 20590–0001.
country. Its operations cover the entire • Hand Delivery: West Building
continental United States. The company Qualification of Drivers; Exemption Ground Floor, Room W12–140, 1200
is one of the largest less-than-truckload Applications; Vision New Jersey Avenue SE, Washington,
carriers in the country, operating a fleet DC, between 9 a.m. and 5 p.m., e.t.,
of more than 8,500 power units and AGENCY:Federal Motor Carrier Safety Monday through Friday, except Federal
employing more than 10,100 Administration (FMCSA), DOT. Holidays.
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28424/page/1.svg)
![28310 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
authorized Federal, State, or local • Federal eRulemaking Portal: Go to I. Background
enforcement official. The exemption http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
will be rescinded if: (1) The person fails online instructions for submitting FMCSA may grant an exemption from
to comply with the terms and comments. the FMCSRs for a five-year period if it
conditions of the exemption; (2) the • Mail: Docket Management Facility; finds ‘‘such exemption would likely
exemption has resulted in a lower level U.S. Department of Transportation, 1200 achieve a level of safety that is
of safety than was maintained before it New Jersey Avenue SE, West Building equivalent to or greater than the level
was granted; or (3) continuation of the Ground Floor, Room W12–140, that would be achieved absent such
exemption would not be consistent with Washington, DC 20590–0001. exemption.’’ The statute also allows the
the goals and objectives of 49 U.S.C. • Hand Delivery: West Building Agency to renew exemptions at the end
31136(e) and 31315. Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
V. Preemption New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
During the period the exemption is in Monday through Friday, except Federal duration of a driver’s medical
effect, no State shall enforce any law or Holidays. certification.
regulation that conflicts with this • Fax: 1–202–493–2251. The 53 individuals listed in this
exemption with respect to a person Instructions: Each submission must notice have requested an exemption
operating under the exemption. include the Agency name and the from the diabetes prohibition in 49 CFR
VI. Conclusion docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
Based upon its evaluation of the 86 that all comments received will be will evaluate the qualifications of each
exemption applications, FMCSA renews posted without change to http:// applicant to determine whether granting
the exemptions of the aforementioned www.regulations.gov, including any the exemption will achieve the required
drivers from the vision requirement in personal information provided. Please level of safety mandated by statute.
see the Privacy Act heading below for The physical qualification standard
49 CFR 391.41(b)(10), subject to the
further information. for drivers regarding diabetes found in
requirements cited above. In accordance
Docket: For access to the docket to 49 CFR 391.41(b)(3) states that a person
with 49 U.S.C. 31136(e) and 31315, each
read background documents or is physically qualified to drive a CMV
exemption will be valid for two years
comments, go to http:// if that person has no established
unless revoked earlier by FMCSA.
www.regulations.gov at any time or medical history or clinical diagnosis of
Issued on: June 11, 2018. Room W12–140 on the ground level of diabetes mellitus currently requiring
Larry W. Minor, the West Building, 1200 New Jersey insulin for control. The Agency
Associate Administrator for Policy. Avenue SE, Washington, DC, between 9 established the current requirement for
[FR Doc. 2018–12999 Filed 6–15–18; 8:45 am] a.m. and 5 p.m., e.t., Monday through diabetes in 1970 because several risk
BILLING CODE 4910–EX–P Friday, except Federal holidays. The studies indicated that drivers with
FDMS is available 24 hours each day diabetes had a higher rate of crash
e.t., 365 days each year. If you want involvement than the general
DEPARTMENT OF TRANSPORTATION acknowledgment that we received your population.
comments, please include a self- FMCSA established its diabetes
Federal Motor Carrier Safety addressed, stamped envelope or exemption program, based on the
Administration postcard or print the acknowledgement Agency’s July 2000 study entitled ‘‘A
[Docket No. FMCSA–2018–0031] page that appears after submitting Report to Congress on the Feasibility of
comments online. a Program to Qualify Individuals with
Qualification of Drivers; Exemption Privacy Act: In accordance with 5 Insulin-Treated Diabetes Mellitus to
Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments Operate in Interstate Commerce as
from the public to better inform its Directed by the Transportation Act for
AGENCY: Federal Motor Carrier Safety the 21st Century.’’ The report concluded
rulemaking process. DOT posts these
Administration (FMCSA), DOT. that a safe and practicable protocol to
comments, without edit, including any
ACTION: Notice of applications for personal information the commenter allow some drivers with ITDM to
exemption; request for comments. provides, to http://www.regulations.gov, operate CMVs is feasible. The
as described in the system of records September 3, 2003 (68 FR 52441),
SUMMARY: FMCSA announces receipt of Federal Register notice in conjunction
applications from 53 individuals for an notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/ with the November 8, 2005 (70 FR
exemption from the prohibition in the 67777), Federal Register notice provides
Federal Motor Carrier Safety privacy.
the current protocol for allowing such
Regulations (FMCSRs) against persons FOR FURTHER INFORMATION CONTACT: Ms. drivers to operate CMVs in interstate
with insulin-treated diabetes mellitus Christine A. Hydock, Chief, Medical commerce.
(ITDM) operating a commercial motor Programs Division, (202) 366–4001, FMCSA notes that section 4129 of the
vehicle (CMV) in interstate commerce. If fmcsamedical@dot.gov, FMCSA, Safe, Accountable, Flexible and
granted, the exemptions would enable Department of Transportation, 1200 Efficient Transportation Equity Act: A
these individuals with ITDM to operate New Jersey Avenue SE, Room W64–224, Legacy for Users requires the Secretary
CMVs in interstate commerce. Washington, DC 20590–0001. Office to revise its diabetes exemption program
amozie on DSK3GDR082PROD with NOTICES1
DATES: Comments must be received on hours are 8:30 a.m. to 5 p.m., e.t., established on September 3, 2003 (68 FR
or before July 18, 2018. Monday through Friday, except Federal 52441). The revision must provide for
ADDRESSES: You may submit comments holidays. If you have questions individual assessment of drivers with
bearing the Federal Docket Management regarding viewing or submitting diabetes mellitus, and be consistent
System (FDMS) Docket No. FMCSA– material to the docket, contact Docket with the criteria described in section
2018–0031 using any of the following Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act
methods: SUPPLEMENTARY INFORMATION: for the 21st Century (49 U.S.C. 31305).
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28424/page/4.svg)
Document Created: 2018-06-18 15:50:05
Document Modified: 2018-06-18 15:50:05
| 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 July 18, 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 28307 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR