83 FR 28332 - 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 | 28332-28335 | |
| FR Document | 2018-13004 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28332-28335] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13004] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6480; FMCSA-2000-7363; FMCSA-2001-10578; FMCSA- 2003-15892; FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2006-24015; FMCSA-2007-0071; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0021; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0324; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2011-0378; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0347; FMCSA-2015-0348; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0025; FMCSA-2016-0027] 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 95 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-1999-6480; FMCSA-2000-7363; FMCSA-2001-10578; FMCSA-2003-15892; FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2006-24015; FMCSA-2007-0071; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0021; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0324; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2011-0378; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0347; FMCSA-2015-0348; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0025; FMCSA-2016-0027 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, [[Page 28333]] [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 95 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 95 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 68195; 65 FR 20251; 65 FR 45817; 65 FR 77066; 66 FR 53826; 66 FR 66966; 67 FR 38311; 68 FR 1654; 68 FR 61860; 68 FR 69434; 68 FR 74699; 68 FR 75715; 69 FR 10503; 69 FR 17263; 69 FR 26921; 69 FR 31447; 70 FR 7545; 70 FR 74102; 71 FR 4194; 71 FR 6829; 71 FR 13450; 71 FR 14566; 71 FR 16410; 71 FR 27033; 71 FR 30227; 72 FR 8417; 72 FR 36099; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 54972; 72 FR 71998; 73 FR 6242; 73 FR 8392; 73 FR 9158; 73 FR 11989; 73 FR 15567; 73 FR 16950; 73 FR 27014; 73 FR 27015; 73 FR 28186; 74 FR 34394; 74 FR 60021; 74 FR 60022; 74 FR 65846; 75 FR 1451; 75 FR 1835; 75 FR 4623; 75 FR 8184; 75 FR 9477; 75 FR 9482; 75 FR 9484; 75 FR 13653; 75 FR 14656; 75 FR 19674; 75 FR 27622; 75 FR 27623; 75 FR 28682; 76 FR 53708; 76 FR 70210; 76 FR 78729; 77 FR 3552; 77 FR 5874; 77 FR 7233; 77 FR 7657; 77 FR 10606; 77 FR 13689; 77 FR 13691; 77 FR 15184; 77 FR 17107; 77 FR 17109; 77 FR 17115; 77 FR 17117; 77 FR 19749; 77 FR 22059; 77 FR 22061; 77 FR 22838; 77 FR 23797; 77 FR 23799; 77 FR 26816; 77 FR 27845; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR 29447; 77 FR 33558; 77 FR 38386; 78 FR 34143; 78 FR 41975; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 66099; 78 FR 67454; 78 FR 67462; 78 FR 76705; 78 FR 77780; 79 FR 1908; 79 FR 2748; 79 FR 4803; 79 FR 10606; 79 FR 10607; 79 FR 10608; 79 FR 10609; 79 FR 10611; 79 FR 12565; 79 FR 13085; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 15794; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22000; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27365; 79 FR 28588; 79 FR 29495; 79 FR 29498; 80 FR 59225; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 80443; 81 FR 1474; 81 FR 6573; 81 FR 11642; 81 FR 14190; 81 FR 15404; 81 FR 16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 21647; 81 FR 21655; 81 FR 26305; 81 FR 28136; 81 FR 28138; 81 FR 39100; 81 FR 48493; 81 FR 52516; 81 FR 60117; 81 FR 66718; 81 FR 66724; 81 FR 66731; 81 FR 91239). 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 June and are discussed below: As of June 2, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 72 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (66 FR 53826; 66 FR 66966; 68 FR 61860; 68 FR 69434; 68 FR 74699; 68 FR 75715; 69 FR 10503; 71 FR 6829; 70 FR 74102; 71 FR 14566; 71 FR 16410; 71 FR 30227; 72 FR 8417; 72 FR 36099; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 54972; 72 FR 71998; 73 FR 8392; 73 FR 11989; 73 FR 15567; 73 FR 27014; 73 FR 27015; 74 FR 34394; 74 FR 60021; 74 FR 65846; 75 FR 1451; 75 FR 1835; 75 FR 8184; 75 FR 9482; 75 FR 13653; 75 FR 19674; 75 FR 27622; 76 FR 53708; 76 FR 70210; 76 FR 78729; 77 FR 3552; 77 FR 5874; 77 FR 7233; 77 FR 7657; 77 FR 10606; 77 FR 13691; 77 FR 15184; 77 FR 17107; 77 FR 17115; 77 FR 17117; 77 FR 19749; 77 FR 22059; 77 FR 22061; 77 FR 22838; 77 FR 23797; 77 FR 26816; 77 FR 27850; 78 FR 34143; 78 FR 41975; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 66099; 78 FR 67454; 78 FR 67462; 78 FR 76705; 78 FR 77780; 79 FR 1908; 79 FR 2748; 79 FR 4803; 79 FR 10606; 79 FR 10607; 79 FR 10608; 79 FR 10609; 79 FR 10611; 79 FR 12565; 79 FR 13085; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 15794; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22000; 79 FR 22003; 79 FR 23797; 79 FR 28588; 79 FR 29498; 80 FR 59225; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 80443; 81 FR 1474; 81 FR 6573; 81 FR 11642; 81 FR 14190; 81 FR 15404; 81 FR 16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 21647; 81 FR 21655; 81 FR 26305; 81 FR 28136; 81 FR 39100; 81 FR 48493; 81 FR 52516; 81 FR 60117; 81 FR 66718; 81 FR 66724; 81 FR 66731; 81 FR 91239): Stanley W. Ahne (OK) John M. Alfano (MI) [[Page 28334]] Felix Barajas Ramirez (IL) Alphonso A. Barco (SC) Daniel C. Berry (AR) Ronald D. Boeve (MI) David A. Brannon (FL) Paul T. Browning (MT) Samuel S. Byler (PA) Darrell Canupp (MI) Laurence R. Casey (MA) Valentin S. Chernyy (NE) William Chisley (MD) Cody W. Christian (OK) Lorimer Christianson (IA) Darrin G. Davis (WI) Craig L. Dawson (OH) Eric DeFrancesco (PA) Eric C. Dettrey (NJ) David Diamond (IL) Ryan C. Dugan (NY) Shorty M. Ellis (NC) Robin S. England (GA) Richard R. Filion (VT) Roger L. Frazier (NC) Juan Gallo-Gomez (CT) Gregory T. Garris (OK) Andeberhan O. Gidey (WA) Jerry L. Gray (AL) James R. Hammond (OH) Daniel W. Henderson (TN) Michael T. Huso (MN) Andy R. Junod (TX) Chet A. Keen (UT) Roger W. Kerns (IA) James M. Knef (NJ) David Knobloch (MI) Dennis J. Lessard (IN) Christopher B. Liston (TN) Larry P. Magrath (MN) Jason E. Mallette (MS) Stanley B. Marshall (GA) Roberto C. Mendez (TX) Jack D. Miller (OH) Eugene C. Murphy (FL) Donald A. Orloski (PA) James C. Paschal, Jr. (GA) Juan C. Ramirez (OH) John L. Ratayczak (WI) Michael L. Robinson (MO) Danny L. Rolfe (ME) Ricky D. Rostad (MN) John Rueckert (SD) Mark A. Sanders (OK) Daniel W. Schafer (PA) Joseph W. Schmit (NE) Dale L. Schneider (IA) Lawrence W. Sellers (AL) Larry W. Slinker (VA) William T. Smiley (MD) Richard M. Smith (CO) Richard H. Solum (MN) Scott R. Sorensen (CA) James A. Spell (MD) Harry J. Stoever, Jr. (NJ) Peter A. Troyan (MI) James L. Urbach (PA) Willard H. Weerts (IL) Charles W. Williamson (OK) Wesley A. Willis (NJ) Donald E. Wojtaszek (PA) Marvin S. Zimmerman (PA) The drivers were included in docket numbers FMCSA-2001-10578; FMCSA-2003-15892; FMCSA-2003-16564; FMCSA-2006-24015; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0021; FMCSA-2009-0321; FMCSA-2011-0324; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2011-0378; FMCSA-2011-0379; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0347; FMCSA-2015-0348; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0025; FMCSA-2016-0027. Their exemptions are applicable as of June 2, 2018, and will expire on June 2, 2020. As of June 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 19 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 68195; 65 FR 20251; 65 FR 45817; 65 FR 77066; 67 FR 38311; 68 FR 1654; 69 FR 17263; 69 FR 26921; 69 FR 31447; 70 FR 7545; 71 FR 13450; 71 FR 27033; 71 FR 4194; 73 FR 11989; 73 FR 16950; 73 FR 28186; 73 FR 6242; 73 FR 9158; 74 FR 60022; 75 FR 4623; 75 FR 9477; 75 FR 9484; 75 FR 14656; 75 FR 27623; 75 FR 28682; 77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 17107; 77 FR 17109; 77 FR 27845; 77 FR 27849; 77 FR 27850; 77 FR 29447; 79 FR 14328; 79 FR 14331; 79 FR 14571; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 27043; 79 FR 28588; 79 FR 29498; 81 FR 28138): Rodney R. Anderson (PA) Ernie E. Black (NC) Gary O. Brady (WV) Marland L. Brassfield (TX) Michael B. Canedy (MN) Melvin D. Clark (GA) Rojelio Garcia-Pena (MI) Grant G. Gibson (MN) Stephen H. Goldcamp (OH) Wai F. King (IL) Eric W. Kopmann (MO) Dennis E. Krone (IL) George E. Lewis (OH) Travis J. Luce (MI) Richard J. McKenzie, Jr. (MD) Christopher J. Meerten (OR) Jason T. Montoya (NM) George S. Rayson (OH) Carl D. Short (MO) The drivers were included in docket numbers FMCSA-1999-6480; FMCSA- 2000-7363; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2007-0071; FMCSA- 2009-0303; FMCSA-2010-0050; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA- 2014-0003; FMCSA-2014-0004. Their exemptions are applicable as of June 3, 2018, and will expire on June 3, 2020. As of June 6, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (77 FR 23799; 77 FR 33558; 79 FR 27365; 81 FR 28138): Richard Doroba, (IL); Tommy Thomas, (CA). The drivers were included in docket number FMCSA-2012-0040. Their exemptions are applicable as of June 6, 2018, and will expire on June 6, 2020. As of June 27, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (77 FR 27847; 77 FR 38386; 79 FR 29495; 81 FR 28138): Matthew G. Epps, (FL); James E. Sikkink, (IL). The drivers were included in docket number FMCSA-2012-0104. Their exemptions are applicable as of June 27, 2018, and will expire on June 27, 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 [[Page 28335]] 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 95 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. 2018-13004 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![28332 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
24, 2018, and will expire on April 24, DEPARTMENT OF TRANSPORTATION FMCSA–2013–0167; FMCSA–2013–
2020. 0168; FMCSA–2013–0170; FMCSA–
Federal Motor Carrier Safety 2013–0174; FMCSA–2014–0002;
IV. Conditions and Requirements Administration FMCSA–2014–0003; FMCSA–2014–
The exemptions are extended subject [Docket No. FMCSA–1999–6480; FMCSA– 0004; FMCSA–2015–0070; FMCSA–
to the following conditions: (1) Each 2000–7363; FMCSA–2001–10578; FMCSA– 2015–0071; FMCSA–2015–0072;
driver must report any crashes or 2003–15892; FMCSA–2003–16564; FMCSA– FMCSA–2015–0344; FMCSA–2015–
2004–17195; FMCSA–2005–23099; FMCSA– 0347; FMCSA–2015–0348; FMCSA–
accidents as defined in 49 CFR 390.5; 2006–24015; FMCSA–2007–0071; FMCSA– 2015–0350; FMCSA–2015–0351;
and (2) report all citations and 2007–26653; FMCSA–2007–27897; FMCSA– FMCSA–2016–0024; FMCSA–2016–
convictions for disqualifying offenses 2007–28695; FMCSA–2008–0021; FMCSA– 0025; FMCSA–2016–0027 using any of
under 49 CFR part 383 and 49 CFR 391 2009–0303; FMCSA–2009–0321; FMCSA–
the following methods:
to FMCSA; and (3) each driver 2010–0050; FMCSA–2011–0324; FMCSA–
2011–0365; FMCSA–2011–0366; FMCSA– • Federal eRulemaking Portal: Go to
prohibited from operating a motorcoach http://www.regulations.gov. Follow the
2011–0378; FMCSA–2011–0379; FMCSA–
or bus with passengers in interstate 2011–0380; FMCSA–2012–0040; FMCSA– online instructions for submitting
commerce. The driver must also have a 2012–0104; FMCSA–2013–0029; FMCSA– comments.
copy of the exemption when driving, for 2013–0030; FMCSA–2013–0165; FMCSA– • Mail: Docket Management Facility;
presentation to a duly authorized 2013–0167; FMCSA–2013–0168; FMCSA– U.S. Department of Transportation, 1200
Federal, State, or local enforcement 2013–0170; FMCSA–2013–0174; FMCSA– New Jersey Avenue SE, West Building
official. In addition, the exemption does 2014–0002; FMCSA–2014–0003; FMCSA– Ground Floor, Room W12–140,
2014–0004; FMCSA–2015–0070; FMCSA–
not exempt the individual from meeting 2015–0071; FMCSA–2015–0072; FMCSA– Washington, DC 20590–0001.
the applicable CDL testing 2015–0344; FMCSA–2015–0347; FMCSA– • Hand Delivery: West Building
requirements. Each exemption will be 2015–0348; FMCSA–2015–0350; FMCSA– Ground Floor, Room W12–140, 1200
valid for two years unless rescinded 2015–0351; FMCSA–2016–0024; FMCSA– New Jersey Avenue SE, Washington,
earlier by FMCSA. The exemption will 2016–0025; FMCSA–2016–0027] DC, between 9 a.m. and 5 p.m., e.t.,
be rescinded if: (1) The person fails to Monday through Friday, except Federal
Qualification of Drivers; Exemption Holidays.
comply with the terms and conditions
of the exemption; (2) the exemption has
Applications; Vision • Fax: 1–202–493–2251.
resulted in a lower level of safety than AGENCY: Federal Motor Carrier Safety Instructions: Each submission must
Administration (FMCSA), DOT. include the Agency name and the
was maintained before it was granted; or
docket number(s) for this notice. Note
(3) continuation of the exemption would ACTION: Notice of renewal of
that all comments received will be
not be consistent with the goals and exemptions; request for comments.
posted without change to http://
objectives of 49 U.S.C. 31136(e) and www.regulations.gov, including any
SUMMARY: FMCSA announces its
31315. personal information provided. Please
decision to renew exemptions for 95
V. Preemption individuals from the vision requirement see the Privacy Act heading below for
in the Federal Motor Carrier Safety further information.
During the period the exemption is in Regulations (FMCSRs) for interstate Docket: For access to the docket to
effect, no State shall enforce any law or commercial motor vehicle (CMV) read background documents or
regulation that conflicts with this drivers. The exemptions enable these comments, go to http://
exemption with respect to a person individuals to continue to operate CMVs www.regulations.gov at any time or
operating under the exemption. in interstate commerce without meeting Room W12–140 on the ground level of
the vision requirements in one eye. the West Building, 1200 New Jersey
VI. Conclusion Avenue SE, Washington, DC, between 9
DATES: Each group of renewed
Based upon its evaluation of the 19 exemptions were applicable on the a.m. and 5 p.m., e.t., Monday through
exemption applications, FMCSA renews dates stated in the discussions below Friday, except Federal holidays. The
and will expire on the dates stated in FDMS is available 24 hours each day,
the exemptions of the aforementioned
the discussions below. Comments must e.t., 365 days each year. If you want
drivers from the hearing requirement in
be received on or before July 18, 2018. acknowledgment that we received your
49 CFR 391.41 (b)(11). In accordance comments, please include a self-
with 49 U.S.C. 31136(e) and 31315, each ADDRESSES: You may submit comments
bearing the Federal Docket Management addressed, stamped envelope or
exemption will be valid for two years postcard or print the acknowledgement
unless revoked earlier by FMCSA. System (FDMS) Docket No. FMCSA–
1999–6480; FMCSA–2000–7363; page that appears after submitting
Issued on: June 11, 2018. FMCSA–2001–10578; FMCSA–2003– comments online.
Larry W. Minor, 15892; FMCSA–2003–16564; FMCSA– Privacy Act: In accordance with 5
Associate Administrator for Policy. 2004–17195; FMCSA–2005–23099; U.S.C. 553(c), DOT solicits comments
FMCSA–2006–24015; FMCSA–2007– from the public to better inform its
[FR Doc. 2018–13014 Filed 6–15–18; 8:45 am]
0071; FMCSA–2007–26653; FMCSA– rulemaking process. DOT posts these
BILLING CODE 4910–EX–P comments, without edit, including any
2007–27897; FMCSA–2007–28695;
FMCSA–2008–0021; FMCSA–2009– personal information the commenter
0303; FMCSA–2009–0321; FMCSA– provides, to http://www.regulations.gov,
amozie on DSK3GDR082PROD with NOTICES1
2010–0050; FMCSA–2011–0324; as described in the system of records
FMCSA–2011–0365; FMCSA–2011– notice (DOT/ALL–14 FDMS), which can
0366; FMCSA–2011–0378; FMCSA– be reviewed at http://www.dot.gov/
2011–0379; FMCSA–2011–0380; privacy.
FMCSA–2012–0040; FMCSA–2012– FOR FURTHER INFORMATION CONTACT: Ms.
0104; FMCSA–2013–0029; FMCSA– Christine A. Hydock, Chief, Medical
2013–0030; FMCSA–2013–0165; Programs Division, 202–366–4001,
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![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28335
exemption would not be consistent with • Hand Delivery: West Building Agency to renew exemptions at the end
the goals and objectives of 49 U.S.C. Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
31136(e) and 31315. 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
V. Preemption
Monday through Friday, except Federal duration of a driver’s medical
During the period the exemption is in Holidays. certification.
effect, no State shall enforce any law or • Fax: 1–202–493–2251. The 11 individuals listed in this
regulation that conflicts with this Instructions: Each submission must notice have requested an exemption
exemption with respect to a person include the Agency name and the from the vision requirement in 49 CFR
operating under the exemption. docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency
VI. Conclusion that all comments received will be will evaluate the qualifications of each
posted without change to http:// applicant to determine whether granting
Based upon its evaluation of the 95 www.regulations.gov, including any an exemption will achieve the required
exemption applications, FMCSA renews personal information provided. Please level of safety mandated by statute.
the exemptions of the aforementioned see the Privacy Act heading below for The physical qualification standard
drivers from the vision requirement in further information. for drivers regarding vision found in 49
49 CFR 391.41(b)(10), subject to the Docket: For access to the docket to CFR 391.41(b)(10) states that a person is
requirements cited above. In accordance read background documents or physically qualified to drive a CMV if
with 49 U.S.C. 31136(e) and 31315, each comments, go to http:// that person has distant visual acuity of
exemption will be valid for two years www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
unless revoked earlier by FMCSA. Room W12–140 on the ground level of without corrective lenses or visual
Issued on: June 11, 2018. the West Building, 1200 New Jersey acuity separately corrected to 20/40
Larry W. Minor, Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective
Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at
[FR Doc. 2018–13004 Filed 6–15–18; 8:45 am] Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
FDMS is available 24 hours each day, or without corrective lenses, field of
BILLING CODE 4910–EX–P
365 days each year. If you want vision of at least 70° in the horizontal
acknowledgment that we received your Meridian in each eye, and the ability to
DEPARTMENT OF TRANSPORTATION comments, please include a self- recognize the colors of traffic signals
addressed, stamped envelope or and devices showing standard red,
Federal Motor Carrier Safety postcard or print the acknowledgement green, and amber.
Administration page that appears after submitting In July 1992, the Agency first
comments online. published the criteria for the Vision
[Docket No. FMCSA–2018–0013] Waiver Program, which listed the
Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments conditions and reporting standards that
Applications; Vision from the public to better inform its CMV drivers approved for participation
rulemaking process. DOT posts these would need to meet (Qualification of
AGENCY: Federal Motor Carrier Safety comments, without edit, including any Drivers; Vision Waivers, 57 FR 31458,
Administration (FMCSA), DOT. personal information the commenter July 16, 1992). The current Vision
ACTION: Notice of applications for provides, to http://www.regulations.gov, Exemption Program was established in
exemption; request for comments. as described in the system of records 1998, following the enactment of
notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing
SUMMARY: FMCSA announces receipt of exemptions made by § 4007 of the
applications from 11 individuals for an be reviewed at http://www.dot.gov/
Transportation Equity Act for the 21st
exemption from the vision requirement privacy.
Century (TEA–21), Public Law 105–178,
in the Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. 112 Stat. 107, 401 (June 9, 1998). Vision
Regulations (FMCSRs) to operate a Christine A. Hydock, Chief, Medical exemptions are considered under the
commercial motor vehicle (CMV) in Programs Division, (202) 366–4001, procedures established in 49 CFR part
interstate commerce. If granted, the fmcsamedical@dot.gov, FMCSA, 381 subpart C, on a case-by-case basis
exemptions will enable these Department of Transportation, 1200 upon application by CMV drivers who
individuals to operate CMVs in New Jersey Avenue SE, Room W64–224, do not meet the vision standards of 49
interstate commerce without meeting Washington, DC 20590–0001. Office CFR 391.41(b)(10).
the vision requirement in one eye. hours are 8:30 a.m. to 5 p.m., e.t., To qualify for an exemption from the
DATES: Comments must be received on Monday through Friday, except Federal vision requirement, FMCSA requires a
or before July 18, 2018. holidays. If you have questions person to present verifiable evidence
ADDRESSES: You may submit comments regarding viewing or submitting that he/she has driven a commercial
bearing the Federal Docket Management material to the docket, contact Docket vehicle safely with the vision deficiency
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. for the past three years. Recent driving
2018–0013 using any of the following SUPPLEMENTARY INFORMATION: performance is especially important in
methods: evaluating future safety, according to
• Federal eRulemaking Portal: Go to I. Background several research studies designed to
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, correlate past and future driving
amozie on DSK3GDR082PROD with NOTICES1
online instructions for submitting FMCSA may grant an exemption from performance. Results of these studies
comments. the FMCSRs for a five-year period if it support the principle that the best
• Mail: Docket Management Facility; finds ‘‘such exemption would likely predictor of future performance by a
U.S. Department of Transportation, 1200 achieve a level of safety that is driver is his/her past record of crashes
New Jersey Avenue SE, West Building equivalent to or greater than the level and traffic violations. Copies of the
Ground Floor, Room W12–140, that would be achieved absent such studies may be found at Docket Number
Washington, DC 20590–0001. exemption.’’ The statute also allows the FMCSA–1998–3637.
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Document Created: 2018-06-18 15:50:15
Document Modified: 2018-06-18 15:50:15
| 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 28332 |
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