83 FR 28325 - 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 | 28325-28328 | |
| FR Document | 2018-13001 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28325-28328] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13001] [[Page 28325]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-1999-6156; FMCSA-2001-11426; FMCSA- 2003-16564; FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0086; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0092; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0347] 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 114 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. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0086; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0092; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0347 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, E.T., 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 114 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 [[Page 28326]] and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 114 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (63 FR 66226; 64 FR 16517; 64 FR 54948; 65 FR 159; 66 FR 41656; 67 FR 10471; 67 FR 10475; 67 FR 19798; 68 FR 44837; 68 FR 74699; 69 FR 8260; 69 FR 10503; 69 FR 19611; 70 FR 41811; 70 FR 57353; 70 FR 72689; 71 FR 6824; 71 FR 6826; 71 FR 6829; 71 FR 14566; 71 FR 14567; 71 FR 16410; 71 FR 19602; 71 FR 26602; 71 FR 30227; 71 FR 30229; 71 FR 32183; 71 FR 41310; 72 FR 62896; 72 FR 67340; 73 FR 1395; 73 FR 6242; 73 FR 11989; 73 FR 15567; 73 FR 16950; 73 FR 27014; 73 FR 27015; 73 FR 27018; 73 FR 28187; 73 FR 36955; 74 FR 19267; 74 FR 28094; 74 FR 43221; 74 FR 65845; 75 FR 9477; 75 FR 9480; 75 FR 9481; 75 FR 13653; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 22176; 75 FR 22178; 75 FR 25917; 75 FR 25918; 75 FR 27622; 75 FR 28682; 75 FR 36778; 75 FR 36779; 75 FR 39729; 76 FR 25766; 76 FR 37885; 76 FR 44652; 76 FR 53708; 76 FR 73769; 76 FR 78728; 77 FR 3547; 77 FR 5874; 77 FR 13689; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17115; 77 FR 17117; 77 FR 20879; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 31427; 77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 38386; 77 FR 44708; 78 FR 34143; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 77780; 78 FR 78477; 79 FR 1908; 79 FR 2248; 79 FR 10606; 79 FR 13085; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37843; 79 FR 38649; 79 FR 38661; 79 FR 47175; 80 FR 59230; 80 FR 67476; 80 FR 67481; 80 FR 80443; 81 FR 1284; 81 FR 1474; 81 FR 14190; 81 FR 15401; 81 FR 15404; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39100; 81 FR 39320; 81 FR 42054; 81 FR 48493; 81 FR 52516; 81 FR 66718; 81 FR 66720; 81 FR 66722; 81 FR 66724; 81 FR 81230; 81 FR 90050; 81 FR 91239; 81 FR 96196). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two-years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of July and are discussed below: As of July 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 57 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (63 FR 66226; 64 FR 16517; 66 FR 41656; 68 FR 44837; 68 FR 74699; 69 FR 10503; 70 FR 41811; 70 FR 57353; 70 FR 72689; 71 FR 6826; 71 FR 14566; 71 FR 16410; 71 FR 19602; 71 FR 30227; 72 FR 62896; 72 FR 67340; 73 FR 1395; 73 FR 6242; 73 FR 11989; 73 FR 15567; 73 FR 16950; 73 FR 27014; 73 FR 27015; 74 FR 19267; 74 FR 28094; 74 FR 43221; 74 FR 65845; 75 FR 9477; 75 FR 9480; 75 FR 13653; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 22176; 75 FR 27622; 75 FR 28682; 76 FR 25766; 76 FR 37885; 76 FR 44652; 76 FR 53708; 76 FR 73769; 76 FR 78728; 77 FR 3547; 77 FR 5874; 77 FR 13689; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17115; 77 FR 17117; 77 FR 20879; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 31427; 77 FR 38386; 78 FR 34143; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 77780; 78 FR 78477; 79 FR 1908; 79 FR 2248; 79 FR 10606; 79 FR 13085; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 38649; 80 FR 59230; 80 FR 67476; 80 FR 67481; 80 FR 80443; 81 FR 1284; 81 FR 1474; 81 FR 14190; 81 FR 15401; 81 FR 15404; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39100; 81 FR 48493; 81 FR 52516; 81 FR 66718; 81 FR 66724; 81 FR 91239; 81 FR 96196): Dean R. Allen (OR) Scott E. Ames (ME) Alan A. Andrews (NE) Marvin D. Bass (KY) Dwight A. Bennett (MD) Marvin J. Bensend, Jr. (MS) Kolby Blackner (UT) Bobby R. Brooks (GA) Levi A. Brown (MT) William Bucaria, Jr. (FL) John A. Carroll, Jr. (AL) Juan Castanon (NM) William C. Christy (FL) Gerard J. Cormier (MA) Michael T. Craddock (CA) Jon C. Dillon (MN) Paul W. Fettig (SD) Hector O. Flores (MD) Brian R. Gallagher (TX) Horace N. Goss (TX) James B. Grega (PA) Todd C. Grider (IN) Jimmy G. Hall (NC) Taras G. Hamilton (TX) Joshua G. Hansen (ID) Britt D. Hazelwood (IL) Lowell E. Jackson (MO) William D. Jackson (MN) Danny J. Johnson (MN) Glenn K. Johnson, Jr. (NC) Thomas M. Kaley (PA) Allen J. Kunze (ND) Kerry M. Leeper (WA) Craig R. Martin (TX) Ty N. Mason (PA) Thomas J. Mavraganis (IL) Eric M. Moats, Sr. (MD) Gary T. Murray (GA) Elmore Nicholson, Jr. (AL) Thomas G. Ohlson (NY) Michael Pace (TX) Raffaelo Petrillo (NJ) Barry L. Pylant (GA) Roy A. Quesada (PA) Jamey D. Reed (OK) Glennis R. Reynolds (KY) Jose H. Rivas (NM) Joe A. Root (MN) Bobby W. Sanders (TN) James S. Seeno (NV) Thomas W. Smith (PA) Harry Smith, Jr. (NC) Greg W. Story (NC) Elston L. Taylor (VA) Michael J. Tisher (AK) Dwight Tullis (IL) Richard W. Wylie (CT) The drivers were included in docket numbers FMCSA-1998-4334; FMCSA- 2003-16564; FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0086; FMCSA-2010-0050; FMCSA-2011-0092; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0347. Their exemptions are applicable as of July 8, 2018, and will expire on July 8, 2020. [[Page 28327]] As of July 12, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following five individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (75 FR 9481; 75 FR 22178; 75 FR 25917; 75 FR 25918; 75 FR 39729; 77 FR 36338; 79 FR 35220; 81 FR 81230; 81 FR 96196): Clare H. Buxton (MI) Chadwick S. Chambers (AL) Miguel H. Espinoza (CA) Ricky P. Hastings (TX) Leland B. Moss (VT) The drivers were included in docket numbers FMCSA-2009-0011; FMCSA- 2010-0082. Their exemptions are applicable as of July 12, 2018, and will expire on July 12, 2020. As of July 19, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (81 FR 39320; 81 FR 66720): John P. Brooks (IL) Ronald A. Donsbach (MT) Pedro Guzman (TX) Bradley C. Helsel (OR) Darrell E. Hunter (NC) Kenneth B. Julian (OK) Keith Kebschull (IL) Jeffrey N. Lake (IL) Jayme M. Leonard (VT) James K. Matthey (PA) Mario A. Quezada (TX) J. B. Rodriguez Mata (TX) Joseph Sais (NM) Chad M. Smith (IA) Corey L. Spring (AR) James C. Wechsler (OR) The drivers were included in docket number FMCSA-2016-0028. Their exemptions are applicable as of July 19, 2018, and will expire on July 19, 2020. As of July 20, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (64 FR 54948; 65 FR 159; 67 FR 10471; 67 FR 10475; 67 FR 19798; 68 FR 74699; 69 FR 8260; 69 FR 10503; 69 FR 19611; 71 FR 6824; 71 FR 6829; 71 FR 14567; 71 FR 26602; 71 FR 30229; 71 FR 32183; 71 FR 41310; 73 FR 11989; 73 FR 27018; 73 FR 28187; 73 FR 36955; 75 FR 36778; 75 FR 36779; 77 FR 38384; 79 FR 35212; 79 FR 35218; 79 FR 47175; 81 FR 90050; 81 FR 96196): Daniel R. Franks (OH) Walter D. Hague, Jr. (VA) William G. Hix (AR) Larry L. Jarvis (VA) Clarence H. Jacobsma (IN) Charles E. Johnston (MO) William F. Mack (WA) Ronald M. Price (MD) Alton M. Rutherford (FL) The drivers were included in docket numbers FMCSA-1999-6156; FMCSA 2001-11426; FMCSA 2003-16564; FMCSA 2006-24015; FMCSA 2006-24783; FMCSA 2014-0006. Their exemptions are applicable as of July 20, 2018, and will expire on July 20, 2020. As of July 22, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (79 FR 35212; 79 FR 47175; 81 FR 96196): Abdulahi Abukar (KY) Gregory K. Banister (SC) Amanuel W. Behon (WA) Brian L. Elliott (MO) Bradley C. Hansell (OR) Samuel L. Klaphake (MN) Timothy L. Klose (PA) Phillip E. Mason (MO) Ruel W. Reed (IA) Loren Smith (SD) Seth D. Sweeten (ID) The drivers were included in docket number FMCSA-2016-0006. Their exemptions are applicable as of July 22, 2018, and will expire on July 22, 2020. As of July 29, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (81 FR 42054; 81 FR 66722): Dudley G. Diebold (CT) David L. Evers (MN) Raymond E. Hogue (PA) Michael E. Jones (IL) Darius R. Law (FL) Robert C. Martin (WA) Mark W. McTaggart (IL) Noel V. Munoz (NM) Ivan Romero (IL) Steve A. Taylor (NC) The drivers were included in docket number FMCSA-2016-0029. Their exemptions are applicable as of July 29, 2018, and will expire on July 29, 2020. As of July 30, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (71 FR 32183; 71 FR 41310; 73 FR 36955; 75 FR 25917; 75 FR 36779; 75 FR 39729; 77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 44708; 79 FR 37843; 79 FR 38661; 81 FR 96196): Lester M. Ellingson, Jr. (ND) Damon G. Gallardo (CA) Daniel L. Grover (KS) Larry A. Nienhuis (MI) Gregory A. Reinert (MN) Joseph B. Shaw, Jr. (VA) The drivers were included in docket numbers FMCSA-2006-24783; FMCSA-2010-0082; FCMSA-2012-0106. Their exemptions are applicable as of July 30, 2018, and will expire on July 30, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self- employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 114 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. [[Page 28328]] Issued on: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-13001 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28325
DEPARTMENT OF TRANSPORTATION 0003; FMCSA–2014–0004; FMCSA– Washington, DC 20590–0001. Office
2014–0005; FMCSA–2014–0006; hours are from 8:30 a.m. to 5 p.m., e.t.,
Federal Motor Carrier Safety FMCSA–2015–0056; FMCSA–2015– Monday through Friday, except Federal
Administration 0070; FMCSA–2015–0350; FMCSA– holidays. If you have questions
2015–0351; FMCSA–2016–0024; regarding viewing or submitting
[Docket No. FMCSA–1998–4334; FMCSA–
1999–6156; FMCSA–2001–11426; FMCSA– FMCSA–2016–0027; FMCSA–2016– material to the docket, contact Docket
2003–16564; FMCSA–2005–22194; FMCSA– 0028; FMCSA–2016–0029; FMCSA– Services, telephone (202) 366–9826.
2006–23773; FMCSA–2006–24015; FMCSA– 2016–0347 using any of the following SUPPLEMENTARY INFORMATION:
2006–24783; FMCSA–2007–0017; FMCSA– methods:
2007–0071; FMCSA–2008–0021; FMCSA– • Federal eRulemaking Portal: Go to I. Background
2009–0011; FMCSA–2009–0086; FMCSA– http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
2010–0050; FMCSA–2010–0082; FMCSA– online instructions for submitting FMCSA may grant an exemption for five
2011–0092; FMCSA–2011–0299; FMCSA– comments. years if it finds ‘‘such exemption would
2011–0366; FMCSA–2011–0379; FMCSA– • Mail: Docket Management Facility; likely achieve a level of safety that is
2012–0039; FMCSA–2012–0104; FMCSA– equivalent to or greater than the level
2012–0106; FMCSA–2013–0029; FMCSA–
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building that would be achieved absent such
2013–0165; FMCSA–2013–0166; FMCSA–
2013–0168; FMCSA–2013–0174; FMCSA– Ground Floor, Room W12–140, exemption.’’ The statute also allows the
2014–0002; FMCSA–2014–0003; FMCSA– Washington, DC 20590–0001. Agency to renew exemptions at the end
2014–0004; FMCSA–2014–0005; FMCSA– • Hand Delivery: West Building of the five-year period. FMCSA grants
2014–0006; FMCSA–2015–0056; FMCSA– Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two-
2015–0070; FMCSA–2015–0350; FMCSA– New Jersey Avenue SE, Washington, year period to align with the maximum
2015–0351; FMCSA–2016–0024; FMCSA– DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical
2016–0027; FMCSA–2016–0028; FMCSA– Monday through Friday, except Federal certification.
2016–0029; FMCSA–2016–0347] The physical qualification standard
Holidays.
Qualification of Drivers; Exemption • Fax: 1–202–493–2251. for drivers regarding vision found in 49
Instructions: Each submission must CFR 391.41(b)(10) states that a person is
Applications; Vision physically qualified to drive a CMV if
include the Agency name and the
AGENCY: Federal Motor Carrier Safety docket number(s) for this notice. Note that person has distant visual acuity of
Administration (FMCSA), DOT. that all comments received will be at least 20/40 (Snellen) in each eye
ACTION: Notice of renewal of posted without change to http:// without corrective lenses or visual
exemptions; request for comments. www.regulations.gov, including any acuity separately corrected to 20/40
personal information provided. Please (Snellen) or better with corrective
SUMMARY: FMCSA announces its see the Privacy Act heading below for lenses, distant binocular acuity of a least
decision to renew exemptions for 114 further information. 20/40 (Snellen) in both eyes with or
individuals from the vision requirement Docket: For access to the docket to without corrective lenses, field of vision
in the Federal Motor Carrier Safety read background documents or of at least 70° in the horizontal meridian
Regulations (FMCSRs) for interstate comments, go to http:// in each eye, and the ability to recognize
commercial motor vehicle (CMV) www.regulations.gov at any time or the colors of traffic signals and devices
drivers. The exemptions enable these Room W12–140 on the ground level of showing red, green, and amber.
individuals to continue to operate CMVs the West Building, 1200 New Jersey The 114 individuals listed in this
in interstate commerce without meeting Avenue SE, Washington, DC, between 9 notice have requested renewal of their
the vision requirements in one eye. a.m. and 5 p.m., E.T., Monday through exemptions from the vision standard in
DATES: Each group of renewed Friday, except Federal holidays. The 49 CFR 391.41(b)(10), in accordance
exemptions were applicable on the FDMS is available 24 hours each day, with FMCSA procedures. Accordingly,
dates stated in the discussions below E.T., 365 days each year. If you want FMCSA has evaluated these
and will expire on the dates stated in acknowledgment that we received your applications for renewal on their merits
the discussions below. Comments must comments, please include a self- and decided to extend each exemption
be received on or before July 18, 2018. addressed, stamped envelope or for a renewable two-year period.
ADDRESSES: You may submit comments postcard or print the acknowledgement II. Request for Comments
bearing the Federal Docket Management page that appears after submitting
comments online. Interested parties or organizations
System (FDMS) Docket No. FMCSA– possessing information that would
1998–4334; FMCSA–1999–6156; Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments otherwise show that any, or all, of these
FMCSA–2001–11426; FMCSA–2003– drivers are not currently achieving the
16564; FMCSA–2005–22194; FMCSA– from the public to better inform its
rulemaking process. DOT posts these statutory level of safety should
2006–23773; FMCSA–2006–24015; immediately notify FMCSA. The
FMCSA–2006–24783; FMCSA–2007– comments, without edit, including any
personal information the commenter Agency will evaluate any adverse
0017; FMCSA–2007–0071; FMCSA– evidence submitted and, if safety is
2008–0021; FMCSA–2009–0011; provides, to http://www.regulations.gov,
as described in the system of records being compromised or if continuation of
FMCSA–2009–0086; FMCSA–2010– the exemption would not be consistent
0050; FMCSA–2010–0082; FMCSA– notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/ with the goals and objectives of 49
2011–0092; FMCSA–2011–0299; U.S.C. 31136(e) and 31315, FMCSA will
amozie on DSK3GDR082PROD with NOTICES1
FMCSA–2011–0366; FMCSA–2011– privacy.
take immediate steps to revoke the
0379; FMCSA–2012–0039; FMCSA– FOR FURTHER INFORMATION CONTACT: Ms. exemption of a driver.
2012–0104; FMCSA–2012–0106; Christine A. Hydock, Chief, Medical
FMCSA–2013–0029; FMCSA–2013– Programs Division, 202–366–4001, III. Basis for Renewing Exemptions
0165; FMCSA–2013–0166; FMCSA– fmcsamedical@dot.gov, FMCSA, Under 49 U.S.C. 31315(b)(1), an
2013–0168; FMCSA–2013–0174; Department of Transportation, 1200 exemption may be granted for no longer
FMCSA–2014–0002; FMCSA–2014– New Jersey Avenue SE, Room W64–224, than two years from its approval date
VerDate Sep<11>2014 18:38 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28442/page/1.svg)
![28328 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
Issued on: June 11, 2018. comments, without edit, including any FMCSA recognizes that some drivers
Larry W. Minor, personal information the commenter do not meet the vision requirement but
Associate Administrator for Policy. provides, to http://www.regulations.gov, have adapted their driving to
[FR Doc. 2018–13001 Filed 6–15–18; 8:45 am] as described in the system of records accommodate their limitation and
BILLING CODE 4910–EX–P
notice (DOT/ALL–14 FDMS), which can demonstrated their ability to drive
be reviewed at http://www.dot.gov/ safely. The 13 exemption applicants
privacy. listed in this notice are in this category.
DEPARTMENT OF TRANSPORTATION They are unable to meet the vision
II. Background requirement in one eye for various
Federal Motor Carrier Safety On April 9, 2018, FMCSA published reasons, including amblyopia, central
Administration a notice announcing receipt of retinal artery occlusion, central vein
applications from 13 individuals occlusion, complete loss of vision, optic
[Docket No. FMCSA–2018–0007]
requesting an exemption from vision nerve damage, prosthesis, retinal scar,
Qualification of Drivers; Exemption requirement in 49 CFR 391.41(b)(10) and scleral laceration. In most cases,
Applications; Vision and requested comments from the their eye conditions were not recently
public (83 FR 15214). The public developed. Eight of the applicants were
AGENCY: Federal Motor Carrier Safety comment period ended on May 9, 2018, either born with their vision
Administration (FMCSA), DOT. and no comments were received. impairments or have had them since
ACTION: Notice of final disposition. FMCSA has evaluated the eligibility childhood. The five individuals that
of these applicants and determined that sustained their vision conditions as
SUMMARY: FMCSA announces its granting the exemptions to these adults have had it for a range of 2 to 10
decision to exempt 13 individuals from individuals would achieve a level of years. Although each applicant has one
the vision requirement in the Federal safety equivalent to or greater than the eye which does not meet the vision
Motor Carrier Safety Regulations level that would be achieved by requirement in 49 CFR 391.41(b)(10),
(FMCSRs) to operate a commercial complying with the current regulation each has at least 20/40 corrected vision
motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). in the other eye, and in a doctor’s
commerce. They are unable to meet the opinion, has sufficient vision to perform
The physical qualification standard
vision requirement in one eye for all the tasks necessary to operate a CMV.
for drivers regarding vision found in 49
various reasons. The exemptions enable Doctors’ opinions are supported by
CFR 391.41(b)(10) states that a person is
these individuals to operate CMVs in the applicants’ possession of a valid
physically qualified to driver a CMV if
interstate commerce without meeting license to operate a CMV. By meeting
that person has distant visual acuity of
the vision requirement in one eye. State licensing requirements, the
at least 20/40 (Snellen) in each eye applicants demonstrated their ability to
DATES: The exemptions were applicable without corrective lenses or visual
on May 10, 2018. The exemptions operate a CMV, with their limited vision
acuity separately corrected to 20/40 in intrastate commerce, even though
expire on May 10, 2020. (Snellen) or better with corrective their vision disqualified them from
FOR FURTHER INFORMATION CONTACT: Ms. lenses, distant binocular acuity of a least driving in interstate commerce. We
Christine A. Hydock, Chief, Medical 20/40 (Snellen) in both eyes with or believe that the applicants’ intrastate
Programs Division, (202) 366–4001, without corrective lenses, field of vision driving experience and history provide
fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian an adequate basis for predicting their
Department of Transportation, 1200 in each eye, and the ability to recognize ability to drive safely in interstate
New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices commerce. Intrastate driving, like
Washington, DC 20590–0001. Office showing red, green, and amber. interstate operations, involves
hours are from 8:30 a.m. to 5 p.m., E.T., substantial driving on highways on the
Monday through Friday, except Federal III. Discussion of Comments
interstate system and on other roads
holidays. If you have questions FMCSA received no comments in this built to interstate standards. Moreover,
regarding viewing or submitting proceeding. driving in congested urban areas
material to the docket, contact Docket exposes the driver to more pedestrian
IV. Basis for Exemption Determination
Services, telephone (202) 366–9826. and vehicular traffic than exists on
SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to
FMCSA may grant an exemption from traffic and traffic signals is generally
I. Electronic Access the vision standard in 49 CFR required because distances between
You may see all the comments online 391.41(b)(10) if the exemption is likely them are more compact. These
through the Federal Document to achieve an equivalent or greater level conditions tax visual capacity and
Management System (FDMS) at http:// of safety than would be achieved driver response just as intensely as
www.regulations.gov. without the exemption. The exemption interstate driving conditions.
Docket: For access to the docket to allows applicants to operate CMVs in The applicants in this notice have
read background documents or interstate commerce. driven CMVs with their limited vision
comments, go to http:// The Agency’s decision regarding these in careers ranging for 3 to 61 years. In
www.regulations.gov and/or Room exemption applications is based on the past three years, no drivers were
W12–140 on the ground level of the medical reports about the applicants’ involved in crashes, and one driver was
West Building, 1200 New Jersey Avenue vision as well as their driving records convicted of a moving violation in a
amozie on DSK3GDR082PROD with NOTICES1
SE, Washington, DC, between 9 a.m. and and experience driving with the vision CMV. All the applicants achieved a
5 p.m., e.t., Monday through Friday, deficiency. The qualifications, record of safety while driving with their
except Federal holidays. experience, and medical condition of vision impairment, demonstrating the
Privacy Act: In accordance with 5 each applicant were stated and likelihood that they have adapted their
U.S.C. 553(c), DOT solicits comments discussed in detail in the April 9, 2018, driving skills to accommodate their
from the public to better inform its Federal Register notice (83 FR 15214) condition. As the applicants’ ample
rulemaking process. DOT posts these and will not be repeated in this notice. driving histories with their vision
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28442/page/4.svg)
Document Created: 2018-06-18 15:49:54
Document Modified: 2018-06-18 15:49:54
| 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 28325 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR