83_FR_28424 83 FR 28307 - Qualification of Drivers; Exemption Applications; Vision

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)

Page Range28307-28310
FR Document2018-12999

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.

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[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]


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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.

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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.


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                                              28308                          Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                                 • Fax: 1–202–493–2251.                                 The 86 individuals listed in this                    44188; 80 FR 48402; 80 FR 48404; 80 FR
                                                 Instructions: Each submission must                   notice have requested renewal of their                 48409; 80 FR 48411; 80 FR 49302; 80 FR
                                              include the Agency name and the                         exemptions from the vision standard in                 50915; 80 FR 50917; 80 FR 53383; 80 FR
                                              docket number(s) for this notice. Note                  49 CFR 391.41(b)(10), in accordance                    62161; 80 FR 62163). They have
                                              that all comments received will be                      with FMCSA procedures. Accordingly,                    submitted evidence showing that the
                                              posted without change to http://                        FMCSA has evaluated these                              vision in the better eye continues to
                                              www.regulations.gov, including any                      applications for renewal on their merits               meet the requirement specified at 49
                                              personal information provided. Please                   and decided to extend each exemption                   CFR 391.41(b)(10) and that the vision
                                              see the Privacy Act heading below for                   for a renewable two-year period.                       impairment is stable. In addition, a
                                              further information.                                                                                           review of each record of safety while
                                                 Docket: For access to the docket to                  II. Request for Comments
                                                                                                                                                             driving with the respective vision
                                              read background documents or                               Interested parties or organizations                 deficiencies over the past two years
                                              comments, go to http://                                 possessing information that would                      indicates each applicant continues to
                                              www.regulations.gov at any time or                      otherwise show that any, or all, of these              meet the vision exemption
                                              Room W12–140 on the ground level of                     drivers are not currently achieving the                requirements. These factors provide an
                                              the West Building, 1200 New Jersey                      statutory level of safety should                       adequate basis for predicting each
                                              Avenue SE, Washington, DC, between 9                    immediately notify FMCSA. The                          driver’s ability to continue to drive
                                              a.m. and 5 p.m., e.t., Monday through                   Agency will evaluate any adverse                       safely in interstate commerce.
                                              Friday, except Federal holidays. The                    evidence submitted and, if safety is                   Therefore, FMCSA concludes that
                                              FDMS is available 24 hours each day,                    being compromised or if continuation of                extending the exemption for each
                                              e.t., 365 days each year. If you want                   the exemption would not be consistent                  renewal applicant for a period of two
                                              acknowledgment that we received your                    with the goals and objectives of 49                    years is likely to achieve a level of safety
                                              comments, please include a self-                        U.S.C. 31136(e) and 31315, FMCSA will                  equal to that existing without the
                                              addressed, stamped envelope or                          take immediate steps to revoke the                     exemption.
                                              postcard or print the acknowledgement                   exemption of a driver.                                    As of September 6, 2017, and in
                                              page that appears after submitting                                                                             accordance with 49 U.S.C. 31136(e) and
                                                                                                      III. Basis for Renewing Exemptions
                                              comments online.                                                                                               31315, the following 35 individuals
                                                 Privacy Act: In accordance with 5                       Under 49 U.S.C. 31315(b)(1), an
                                                                                                      exemption may be granted for no longer                 have satisfied the renewal conditions for
                                              U.S.C. 553(c), DOT solicits comments
                                                                                                      than two years from its approval date                  obtaining an exemption from the vision
                                              from the public to better inform its
                                                                                                      and may be renewed upon application.                   requirement in the FMCSRs for
                                              rulemaking process. DOT posts these
                                                                                                      In accordance with 49 U.S.C. 31136(e)                  interstate CMV drivers (65 FR 78256; 66
                                              comments, without edit, including any
                                                                                                      and 31315, each of the 86 applicants has               FR 16311; 66 FR 30502; 66 FR 41654;
                                              personal information the commenter
                                                                                                      satisfied the renewal conditions for                   68 FR 13360; 68 FR 44837; 70 FR 17504;
                                              provides, to http://www.regulations.gov,
                                                                                                      obtaining an exemption from the vision                 70 FR 25878; 70 FR 30997; 70 FR 41811;
                                              as described in the system of records
                                                                                                      requirement (63 FR 66226; 64 FR 16517;                 72 FR 12666; 72 FR 21313; 72 FR 25831;
                                              notice (DOT/ALL–14 FDMS), which can
                                                                                                      64 FR 27027; 64 FR 51568; 65 FR 78256;                 72 FR 27624; 72 FR 28093; 72 FR 32703;
                                              be reviewed at http://www.dot.gov/
                                                                                                      66 FR 16311; 66 FR 30502; 66 FR 41654;                 72 FR 40362; 74 FR 19270; 74 FR 23472;
                                              privacy.
                                                                                                      66 FR 41656; 66 FR 48504; 68 FR 13360;                 74 FR 26461; 74 FR 26464; 74 FR 34395;
                                              I. Background                                           68 FR 19598; 68 FR 33570; 68 FR 37197;                 74 FR 34630; 76 FR 25762; 76 FR 25766;
                                                 Under 49 U.S.C. 31136(e) and 31315,                  68 FR 44837; 68 FR 48989; 68 FR 54775;                 76 FR 32017; 76 FR 34135; 76 FR 37168;
                                              FMCSA may grant an exemption for five                   70 FR 17504; 70 FR 25878; 70 FR 30997;                 76 FR 37169; 76 FR 37885; 76 FR 44652;
                                              years if it finds ‘‘such exemption would                70 FR 30999; 70 FR 41811; 70 FR 42615;                 76 FR 50318; 78 FR 24798; 78 FR 26106;
                                              likely achieve a level of safety that is                70 FR 46567; 70 FR 53412; 72 FR 12666;                 78 FR 27281; 78 FR 32708; 78 FR 34140;
                                              equivalent to or greater than the level                 72 FR 21313; 72 FR 25831; 72 FR 27624;                 78 FR 34143; 78 FR 37270; 78 FR 41188;
                                              that would be achieved absent such                      72 FR 28093; 72 FR 32703; 72 FR 39879;                 78 FR 41975; 78 FR 46407; 78 FR 51269;
                                              exemption.’’ The statute also allows the                72 FR 40362; 72 FR 46261; 72 FR 52419;                 78 FR 52602; 78 FR 56986; 78 FR 56993;
                                              Agency to renew exemptions at the end                   72 FR 54972; 72 FR 62896; 74 FR 19270;                 79 FR 4531; 79 FR 38659; 79 FR 53514;
                                              of the five-year period. FMCSA grants                   74 FR 20523; 74 FR 23472; 74 FR 26461;                 80 FR 2473; 80 FR 14223; 80 FR 18693;
                                              exemptions from the FMCSRs for a two-                   74 FR 26464; 74 FR 34394; 74 FR 34395;                 80 FR 26139; 80 FR 26320; 80 FR 29154;
                                              year period to align with the maximum                   74 FR 34630; 74 FR 37295; 74 FR 41971;                 80 FR 31640; 80 FR 33007; 80 FR 33009;
                                              duration of a driver’s medical                          74 FR 43221; 74 FR 43223; 74 FR 48343;                 80 FR 33011; 80 FR 35699; 80 FR 36395;
                                              certification.                                          76 FR 25762; 76 FR 25766; 76 FR 32017;                 80 FR 37718; 80 FR 40122; 80 FR 44185;
                                                 The physical qualification standard                  76 FR 34135; 76 FR 34136; 76 FR 37168;                 80 FR 44188; 80 FR 48404; 80 FR 48409;
                                              for drivers regarding vision found in 49                76 FR 37169; 76 FR 37885; 76 FR 40445;                 80 FR 50917; 80 FR 62161; 80 FR
                                              CFR 391.41(b)(10) states that a person is               76 FR 44652; 76 FR 50318; 76 FR 53708;                 62163):
                                              physically qualified to driver a CMV if                 76 FR 53710; 76 FR 53710; 76 FR 54530;                 Robert D. Arkwright (MS)
                                              that person has distant visual acuity of                76; FR 55463; 76 FR 55469; 78 FR                       Roger Bell (IL)
                                              at least 20/40 (Snellen) in each eye                    24798; 78 FR 26106; 78 FR 27281; 78 FR                 Phillip J. Boes (MN)
                                              without corrective lenses or visual                     32708; 78 FR 34140; 78 FR 34143; 78 FR                 Dale E. Bunke (ID)
                                              acuity separately corrected to 20/40                    37270; 78 FR 41188; 78 FR 41975; 78 FR                 Daniel G. Cohen (VT)
                                              (Snellen) or better with corrective                     46407; 78 FR 51269; 78 FR 52602; 78 FR                 Jeffrey W. Cotner (OR)
amozie on DSK3GDR082PROD with NOTICES1




                                              lenses, distant binocular acuity of a least             56986; 78 FR 56993; 78 FR 78477; 79 FR                 Jeffrey S. Daniel (VA)
                                              20/40 (Snellen) in both eyes with or                    4531; 79 FR 38659; 79 FR 53514; 80 FR                  John J. Davis (SC)
                                              without corrective lenses, field of vision              2473; 80 FR 14223; 80 FR 18693; 80 FR                  Roy H. Degner (IA)
                                              of at least 70° in the horizontal meridian              26139; 80 FR 26320; 80 FR 29154; 80 FR                 David S. Devine (ID)
                                              in each eye, and the ability to recognize               31640; 80 FR 33007; 80 FR 33009; 80 FR                 John C. Dimassa (WA)
                                              the colors of traffic signals and devices               33011; 80 FR 35699; 80 FR 36395; 80 FR                 Mark J. Dufresne (NH)
                                              showing red, green, and amber.                          37718; 80 FR 40122; 80 FR 44185; 80 FR                 Donnie H. Eagle (WV)


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                                                                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                            28309

                                              Dennis C. Edler (PA)                                    Andrew M. Nurnberg (GA)                                have satisfied the renewal conditions for
                                              Steven G. Garrett (CA)                                  Joshua R. Perkins (ID)                                 obtaining an exemption from the vision
                                              Eric M. Grayson (KY)                                    Craig R. Saari (MN)                                    requirements (64 FR 27027; 64 FR
                                              William K. Gullett (KY)                                 Jerry L. Schroder (IL)                                 51568; 66 FR 48504; 68 FR 19598; 68 FR
                                              David A. Hayes (GA)                                     Larry D. Steiner (MN)                                  33570; 68 FR 37197; 68 FR 48989; 68 FR
                                              John T. Johnson (NM)                                      The drivers were included in docket                  54775; 70 FR 30999; 70 FR 42615; 70 FR
                                              Jay D. Labrum (UT)                                      numbers: FMCSA–2011–0124; FMCSA–                       46567; 70 FR 53412; 72 FR 39879; 72 FR
                                              Spencer E. Leonard (OH)                                 2011–0140. Their exemptions are                        52419; 72 FR 62896; 74 FR 43221; 76 FR
                                              Brian P. Millard (SC)                                   applicable as of September 13, 2017,                   53708; 78 FR 78477; 80 FR 53383):
                                              Gonzalo Pena (FL)                                       and will expire on September 13, 2019.                 Linda L. Billings (NV)
                                              Richard E. Perry (CA)                                     As of September 16, 2017, and in                     Weldon R. Evans (OH)
                                              Timothy J. Slone (KY)                                   accordance with 49 U.S.C. 31136(e) and                 Orasio Garcia (TX)
                                              Hoyt V. Smith (SC)                                      31315, the following 11 individuals                    Leslie W. Good (OR)
                                              Dennis W. Stubrich (PA)                                 have satisfied the renewal conditions for              James P. Guth (PA)
                                              Lee T. Taylor (FL)                                      obtaining an exemption from the vision                 Gregory K. Lilly (WV)
                                              Michael J. Thane (OH)                                   requirements (78 FR 27281; 78 FR                       Kenneth A. Reddick (PA)
                                              Jon C. Thompson (TX)                                    34143; 78 FR 41188; 78 FR 41975; 78 FR                 Leonard Rice, Jr. (GA)
                                              James L. Tinsley, Jr. (VA)                              52602; 78 FR 56986; 80 FR 48411):                      James T. Sullivan (KY)
                                              George F. Treece (IL)
                                              Harlon C. VanBlaricom (MN)                              Carl Block (NY)                                          The drivers were included in docket
                                              Jeff L. Wheeler (IA)                                    Christopher Brim (TN)                                  numbers: FMCSA–1999–5578; FMCSA–
                                              Zachary J. Workman (ID)                                 John Camp (GA)                                         2003–14504; FMCSA–2003–15268;
                                                                                                      Ralph Carr (PA)                                        FMCSA–2005–21254; FMCSA–2007–
                                                 The drivers were included in the                     Phyllis Dodson (IN)                                    27897. Their exemptions are applicable
                                              following docket numbers: FMCSA–                        Juan M. Guerrero (TX)                                  as of September 23, 2017, and will
                                              2000–8398; FMCSA–2001–9561;                             Berl C. Jennings (VA)                                  expire on September 23, 2019.
                                              FMCSA–2005–20560; FMCSA–2007–                           Udum Khamsoksavath (WA)                                  As of September 27, 2017, and in
                                              27333; FMCSA–2007–27515; FMCSA–                         Vincent Marsee, Sr. (NC)                               accordance with 49 U.S.C. 31136(e) and
                                              2009–0121; FMCSA–2011–0092;                             Jerome Paintner (ND)                                   31315, the following two individuals
                                              FMCSA–2011–0140; FMCSA–2013–                            David Snellings (MD)                                   have satisfied the renewal conditions for
                                              0027; FMCSA–2013–0028; FMCSA–                             The drivers were included in docket                  obtaining an exemption from the vision
                                              2013–0029; FMCSA–2013–0030;                             numbers: FMCSA–2013–0028; FMCSA–                       requirements (72 FR 46261; 72 FR
                                              FMCSA–2014–0007; FMCSA–2014–                            2013–0029; FMCSA–2013–0030. Their                      54972; 74 FR 43223; 76 FR 40445; 76 FR
                                              0300; FMCSA–2014–0304; FMCSA–                           exemptions are applicable as of                        53710; 76 FR 55469; 78 FR 78477): Joe
                                              2015–0048; FMCSA–2015–0052;                             September 16, 2017, and will expire on                 M. Flores (NM), Kenneth D. Perkins
                                              FMCSA–2015–0053; FMCSA–2015–                            September 16, 2019.                                    (NC).
                                              0055. Their exemptions are applicable                     As of September 22, 2017, and in                       The drivers were included in docket
                                              as of September 6, 2017, and will expire                accordance with 49 U.S.C. 31136(e) and                 numbers: FMCSA–1999–5578; FMCSA–
                                              on September 6, 2019.                                   31315, the following 15 individuals
                                                 As of September 7, 2017, and in                                                                             2003–14504; FMCSA–2003–15268;
                                                                                                      have satisfied the renewal conditions for              FMCSA–2005–21254; FMCSA–2007–
                                              accordance with 49 U.S.C. 31136(e) and                  obtaining an exemption from the vision
                                              31315, the following four individuals                                                                          27897. Their exemptions are applicable
                                                                                                      requirements (78 FR 27281; 78 FR                       as of September 27, 2017, and will
                                              have satisfied the renewal conditions for               34143; 78 FR 41188; 78 FR 41975; 78 FR
                                              obtaining an exemption from the vision                                                                         expire on September 27, 2019.
                                                                                                      52602; 78 FR 56986; 80 FR 48411):
                                              requirements (76 FR 34136; 76 FR                                                                               IV. Conditions and Requirements
                                              37169; 76 FR 50318; 76 FR 55463; 78 FR                  Michael K. Adams (OH)
                                                                                                      Eleazar R. Balli (TX)                                    The exemptions are extended subject
                                              78477; 80 FR 50915):
                                                                                                      Darrell W. Bayless (TX)                                to the following conditions: (1) Each
                                              Charles E. Carter (MI)                                  Lloyd D. Burgess (OH)                                  driver must undergo an annual physical
                                              James A. Ellis (NY)                                     Clifford D. Carpenter (MO)                             examination (a) by an ophthalmologist
                                              Dale L. Giardine (PA)                                   Cecil A. Evey (ID)                                     or optometrist who attests that the
                                              Peter M. Shirk (PA)                                     Kamal A. Gaddah (OH)                                   vision in the better eye continues to
                                                 The drivers were included in docket                  Eric M. Kousgaard (NE)                                 meet the requirements in 49 CFR
                                              numbers: FMCSA–2011–0124; FMCSA–                        James F. McMahon, Jr. (NH)                             391.41(b)(10), and (b) by a certified
                                              2011–0140. Their exemptions are                         Samuel A. Miller (IN)                                  Medical Examiner, as defined by 49 CFR
                                              applicable as of September 7, 2017, and                 Larry T. Rogers (IL)                                   390.5, who attests that the driver is
                                              will expire on September 7, 2019.                       Marcial Soto-Rivas (OR)                                otherwise physically qualified under 49
                                                 As of September 13, 2017, and in                     Boyd D. Stamey (NC)                                    CFR 391.41; (2) each driver must
                                              accordance with 49 U.S.C. 31136(e) and                  David C. Sybesma (ID)                                  provide a copy of the ophthalmologist’s
                                              31315, the following ten individuals                    Matthew K. Tucker (MN)                                 or optometrist’s report to the Medical
                                              have satisfied the renewal conditions for                 The drivers were included in docket                  Examiner at the time of the annual
                                              obtaining an exemption from the vision                  numbers: FMCSA–2003–14504;                             medical examination; and (3) each
                                              requirements (76 FR 34136; 76 FR                        FMCSA–2005–20560; FMCSA–2009–                          driver must provide a copy of the
amozie on DSK3GDR082PROD with NOTICES1




                                              37169; 76 FR 50318; 76 FR 55463; 78 FR                  0154; FMCSA–2011–0124. Their                           annual medical certification to the
                                              78477; 80 FR 50915):                                    exemptions are applicable as of                        employer for retention in the driver’s
                                              John A. Bridges (GA)                                    September 22, 2017, and will expire on                 qualification file or keep a copy of his/
                                              Brian W. Curtis (IL)                                    September 22, 2019.                                    her driver’s qualification if he/her is
                                              Tomie L. Estes (MO)                                       As of September 23, 2017, and in                     self-employed. The driver must also
                                              Ray C. Johnson (AR)                                     accordance with 49 U.S.C. 31136(e) and                 have a copy of the exemption when
                                              James J. Mitchell (NC)                                  31315, the following nine individuals                  driving, for presentation to a duly


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                                              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).


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Document Created: 2018-06-18 15:50:05
Document Modified: 2018-06-18 15:50:05
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 renewal of exemptions; request for comments.
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. Comments must be received on or before July 18, 2018.
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., 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 Citation83 FR 28307 

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