83 FR 34661 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34661-34664 | |
| FR Document | 2018-15554 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34661-34664] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15554] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2002-11714; FMCSA- 2005-23099; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-27515; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0324; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0008; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0030] 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 100 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 August 20, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2002-11714; FMCSA-2005-23099; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-27515; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0206; FMCSA-2009-0291; [[Page 34662]] FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0324; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0008; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0030 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, e.t., 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 100 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 100 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 67 FR 10475; 67 FR 15662; 67 FR 17102; 67 FR 37907; 69 FR 8260; 69 FR 17267; 69 FR 26206; 71 FR 4194; 71 FR 6824; 71 FR 13450; 71 FR 14567; 71 FR 16410; 71 FR 26601; 71 FR 26602; 71 FR 30228; 71 FR 32183; 71 FR 41310; 72 FR 21313; 72 FR 32703; 73 FR 15255; 73 FR 15567; 73 FR 27015; 73 FR 27017; 73 FR 28186; 73 FR 28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200; 73 FR 35201; 73 FR 36955; 73 FR 38498; 73 FR 38499; 73 FR 48273; 73 FR 48275; 74 FR 26464; 74 FR 43217; 74 FR 57551; 74 FR 60022; 74 FR 65842; 75 FR 1835; 75 FR 4623; 75 FR 9478; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20882; 75 FR 25917; 75 FR 25918; 75 FR 25919; 75 FR 27621; 75 FR 27622; 75 FR 27623; 75 FR 28682; 75 FR 34210; 75 FR 34211; 75 FR 34212; 75 FR 36778; 75 FR 36779; 75 FR 39727; 75 FR 39729; 75 FR 39729; 75 FR 44051; 75 FR 47888; 76 FR 37173; 76 FR 75942; 77 FR 7657; 77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 15184; 77 FR 20879; 77 FR 22059; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR 27850; 77 FR 29447; 77 FR 31427; 77 FR 33017; 77 FR 36336; 77 FR 36338; 77 FR 36338; 77 FR 38381; 77 FR 38384; 77 FR 38386; 77 FR 40945; 77 FR 41879; 77 FR 44708; 77 FR 46153; 77 FR 46795; 77 FR 51846; 77 FR 52391; 78 FR 57679; 78 FR 67452; 78 FR 67460; 78 FR 78477; 79 FR 1908; 79 FR 10606; 79 FR 10608; 79 FR 14328; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 38649; 79 FR 38659; 79 FR 38661; 79 FR 38661; 79 FR 40945; 79 FR 41735; 79 FR 41737; 79 FR 41740; 79 FR 46153; 79 FR 47175; 79 FR 53514; 79 FR 56102; 80 FR 49302; 80 FR 63869; 80 FR 80443; 81 FR 20433; 81 FR 20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39320; 81 FR 45214; 81 FR 66718; 81 FR 66720; 81 FR 66724; 81 FR 66726; 81 FR 77173; 81 FR 90050; 81 FR 90050; 81 FR 90050; 81 FR 90050; 81 FR 90050; 81 FR 90050; 81 FR 90050; 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 [[Page 34663]] 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 August and are discussed below: As of August 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 39 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 67 FR 10475; 67 FR 15662; 67 FR 17102; 67 FR 37907; 69 FR 8260; 69 FR 17267; 69 FR 26206; 71 FR 4194; 71 FR 6824; 71 FR 13450; 71 FR 16410; 71 FR 26601; 71 FR 26602; 71 FR 32183; 71 FR 41310; 72 FR 21313; 72 FR 32703; 73 FR 15255; 73 FR 15567; 73 FR 27015; 73 FR 27017; 73 FR 28186; 73 FR 36955; 74 FR 26464; 74 FR 43217; 74 FR 57551; 74 FR 60022; 74 FR 65842; 75 FR 1835; 75 FR 4623; 75 FR 9478; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20882; 75 FR 25917; 75 FR 27621; 75 FR 27622; 75 FR 27623; 75 FR 28682; 75 FR 36778; 75 FR 36779; 75 FR 39727; 76 FR 37173; 76 FR 75942; 77 FR 7657; 77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 20879; 77 FR 22059; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27849; 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 57679; 78 FR 67452; 78 FR 67460; 78 FR 78477; 79 FR 1908; 79 FR 10606; 79 FR 10608; 79 FR 14328; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 38649; 79 FR 38661; 79 FR 47175; 80 FR 49302; 80 FR 63869; 80 FR 80443; 81 FR 20433; 81 FR 20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39320; 81 FR 66718; 81 FR 66720; 81 FR 66724; 81 FR 77173; 81 FR 90050; 81 FR 91239; 81 FR 96196): Julian Aguirre (TX) Daniel A. Bahm (FL) Kenneth J. Bernard (LA) Brad T. Braegger (UT) Walter M. Brown (SC) Daniel M. Cannon (OR) Cary Carn (NJ) Ryan E. Cox (WI) William C. Dempsey, Jr. (MA) Richard W. Ellis (IA) Ronald D. Flanery (KY) Nicholas C. Georgen (IA) Luis Gomez-Banda (NV) Gary A. Goostree (OH) Joshua V. Harrison (NJ) Wesley V. Holland (NC) Timothy B. Hummel (KY) Walter J. Jurczak (NJ) Charles J. Kennedy (OH) Randall L. Mathis (AL) Brian D. McClanahan (IL) Lawrence C. Moody (NJ) Norman V. Myers (WA) Earl R. Neugerbauer (CO) Hassan Ourahou (KY) Joe Ramirez (CA) Tommy L. Ray, Jr. (AL) Justin T. Richman (IN) Kevin L. Routin (KY) Scott J. Schlenker (WA) Andrew W. Schollett (CO) Michael D. Singleton (IN) John C. Smith (IL) Temesgn H. Teklezig (WA) George W. Thomas (SC) Gary R. Thomas (OH) Leslie D. Wallace (MO) Wade W. Ward (WY) John T. White, Jr. (NC) The drivers were included in docket numbers FMCSA-1999-6156; FCMSA- 1999-6480; FCMSA-2002-11714; FCMSA-2005-23099; FCMSA-2006-24783; FCMSA- 2007-27515; FCMSA-2008-0021; FCMSA-2009-0206; FCMSA-2009-0291; FCMSA- 2009-0303; FCMSA-2009-0321; FCMSA-2010-0050; FCMSA-2010-0082; FCMSA- 2011-0299; FCMSA-2011-0324; FCMSA-2011-0379; FCMSA-2012-0039; FCMSA- 2012-0104; FCMSA-2012-0106; FCMSA-2013-0174; FCMSA-2014-0002; FCMSA- 2014-0003; FCMSA-2014-0005; FCMSA-2014-0006; FCMSA-2016-0024; FCMSA- 2016-0027; FCMSA-2016-0028. Their exemptions are applicable as of August 1, 2018, and will expire on August 1, 2020. As of August 6, 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 25918; 75 FR 39729; 77 FR 15184; 77 FR 27850; 77 FR 36336; 77 FR 36338; 77 FR 46795; 79 FR 38661; 81 FR 90050): William L. Martin (OR) Richard L. Miller (IN) Lance C. Phares (NY) Richard D. Tucker II (NC) Jay Turner (OH) The drivers were included in docket numbers FMCSA-2010-0082; FMCSA- 2011-0379; FMCSA-2012-0159. Their exemptions are applicable as of August 6, 2018, and will expire on August 6, 2020. As of August 8, 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 (79 FR 38659; 79 FR 53514; 81 FR 90050): Jimmy A. Baker (TX) Antonio A. Calixto (MN) James W. Carter, Jr. (KS) Larry G. Davis (TN) Michael C. Doheny (CT) George P. Ford (NC) Ronnie L. Henry (KS) Johnny L. Irving (MS) Kevin L. Jones (SC) Keith A. Kelley (ME) David L. Miller (OH) David Perkins (NY) Randall H. Tempel (MT) Cory J. Tivnan (WA) Ricky W. Witt (IA) John D. Woods (MI) The drivers were included in docket number FMCSA-2014-0007. Their exemptions are applicable as of August 8, 2018, and will expire on August 8, 2020. As of August 9, 2018, 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 requirement in the FMCSRs for interstate CMV drivers (75 FR 34210; 75 FR 34211; 75 FR 34212; 75 FR 27888; 77 FR 40945; 79 FR 40945; 81 FR 90050): Mark S. Berkheimer (PA) Michael A. Jabro (MI) Buddy W. Myrick (TX) Charles L. Rill, Sr. (MD) The drivers were included in docket number FMCSA-2010-0114. Their exemptions are applicable as of August 9, 2018, and will expire on August 9, 2020. As of August 12, 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 45214; 81 FR 66726): David E. Campbell (NY) James G. Cothren (GA) [[Page 34664]] Nenad Harnos (NJ) Matthew D. Hormann (MN) James W. Jones (AL) Duane R. Martin (PA) Roger S. Orr (IA) Richard D. Shryock (MO) Steven D. Sodders (OH) Keith R. Tyler (NC) The drivers were included in docket number FMCSA-2016-0014. Their exemptions are applicable as of August 12, 2018, and will expire on August 12, 2020. As of August 18, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 22 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (71 FR 14567; 71 FR 30228; 73 FR 28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200; 73 FR 35201; 73 FR 38498; 73 FR 38499; 73 FR 48273; 73 FR 48275; 75 FR 25919; 75 FR 39729; 75 FR 44051; 77 FR 46153; 79 FR 46153; 81 FR 90050): Donald L. Carman (OH) Christopher R. Cone (GA) Walter O. Connelly (WA) Roger D. Elders (MI) Lucious J. Erwin (TX) Riche Ford (CO) Kevin K. Friedel (NY) Steven G. Harter (OR) Andrew C. Kelly (WV) Jason W. King (MT) Billy J. Lewis (LA) Robert W. McMillian (MA) Richard A. Peterson (OR) Carroll G. Quisenberry (KY) Ryan J. Reimann (WI) Brandon J. See (IA) Ricky L. Shepler (PA) John L. Stone (PA) Nils S. Thornberg (OR) Daniel W. Toppings (WV) Christopher R. Whitson (NC) Aaron E. Wright (MI) The drivers were included in docket numbers FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2010-0082. Their exemptions are applicable as of August 18, 2018, and will expire on August 18, 2020. As of August 19, 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 (79 FR 41737; 79 FR 56102; 81 FR 90050): Leamon V. Manchester (LA); Leverne F. Schulte, Jr. (OH) The drivers were included in docket number FMCSA-2014-0008. Their exemptions are applicable as of August 19, 2018, and will expire on August 19, 2020. As of August 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Gregory S. Smith (AR) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 38381; 77 FR 51846; 79 FR 41740; 81 FR 90050). The driver was included in docket number FMCSA-2012-0160. The exemption is applicable as of August 27, 2018, and will expire on August 27, 2020. As of August 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Rickey W. Goins (TN) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 41879; 77 FR 52391; 79 FR 41735; 81 FR 90050). The driver was included in docket number FMCSA-2012-0161. The exemption is applicable as of August 29, 2018, and will expire on August 29, 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 100 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: July 12, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15554 Filed 7-19-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34661
severe hypoglycemic episodes in the resulting in impaired cognitive function FMCSA–2018–0033 and click ‘‘Search.’’
last five years. His endocrinologist that occurred without warning in the Next, click ‘‘Open Docket Folder’’ and
certifies that Mr. Whitehead past 12 months and no recurrent (two or you will find all documents and
understands diabetes management and more) severe hypoglycemic episodes in comments related to this notice.
monitoring, has stable control of his the last five years. His endocrinologist Issued on: July 13, 2018.
diabetes using insulin, and is able to certifies that Mr. Wright understands Larry W. Minor,
drive a CMV safely. Mr. Whitehead diabetes management and monitoring,
Associate Administrator for Policy.
meets the requirements of the vision has stable control of his diabetes using
[FR Doc. 2018–15542 Filed 7–19–18; 8:45 am]
standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV
optometrist examined him in 2018 and BILLING CODE 4910–EX–P
safely. Mr. Wright meets the
certified that he does not have diabetic requirements of the vision standard at
retinopathy. He holds a Class A CDL 49 CFR 391.41(b)(10). His optometrist
from North Carolina. DEPARTMENT OF TRANSPORTATION
examined him in 2018 and certified that
John J. Wille III he does not have diabetic retinopathy. Federal Motor Carrier Safety
He holds a Class A CDL from Illinois. Administration
Mr. Wille, 60, has had ITDM since
2017. His endocrinologist examined him III. Request for Comments [Docket No. FMCSA–1999–6156; FMCSA–
in 2018 and certified that he has had no In accordance with 49 U.S.C. 31136(e) 1999–6480; FMCSA–2002–11714; FMCSA–
severe hypoglycemic reactions resulting and 31315, FMCSA requests public 2005–23099; FMCSA–2006–24015; FMCSA–
in loss of consciousness, requiring the 2006–24783; FMCSA–2007–27515; FMCSA–
comment from all interested persons on
2008–0021; FMCSA–2008–0106; FMCSA–
assistance of another person, or the exemption petitions described in 2008–0174; FMCSA–2009–0206; FMCSA–
resulting in impaired cognitive function this notice. We will consider all 2009–0291; FMCSA–2009–0303; FMCSA–
that occurred without warning in the comments received before the close of 2009–0321; FMCSA–2010–0050; FMCSA–
past 12 months and no recurrent (two or business on the closing date indicated 2010–0082; FMCSA–2010–0114; FMCSA–
more) severe hypoglycemic episodes in in the dates section of the notice. 2011–0299; FMCSA–2011–0324; FMCSA–
the last five years. His endocrinologist 2011–0379; FMCSA–2012–0039; FMCSA–
certifies that Mr. Wille understands IV. Submitting Comments 2012–0104; FMCSA–2012–0106; FMCSA–
diabetes management and monitoring, You may submit your comments and 2012–0159; FMCSA–2012–0160; FMCSA–
has stable control of his diabetes using material online or by fax, mail, or hand 2012–0161; FMCSA–2013–0174; FMCSA–
2014–0002; FMCSA–2014–0003; FMCSA–
insulin, and is able to drive a CMV delivery, but please use only one of
2014–0005; FMCSA–2014–0006; FMCSA–
safely. Mr. Wille meets the requirements these means. FMCSA recommends that 2014–0007; FMCSA–2014–0008; FMCSA–
of the vision standard at 49 CFR you include your name and a mailing 2016–0024; FMCSA–2016–0027; FMCSA–
391.41(b)(10). His optometrist examined address, an email address, or a phone 2016–0028; FMCSA–2016–0030]
him in 2018 and certified that he does number in the body of your document
not have diabetic retinopathy. He holds so that FMCSA can contact you if there Qualification of Drivers; Exemption
an operator’s license from Utah. are questions regarding your Applications; Vision
submission. AGENCY: Federal Motor Carrier Safety
Douglas W. Winslow To submit your comment online, go to
Mr. Winslow, 53, has had ITDM since Administration (FMCSA), DOT.
http://www.regulations.gov and in the
1991. His endocrinologist examined him search box insert the docket number ACTION: Notice of renewal of
in 2018 and certified that he has had no FMCSA–2018–0033 and click the search exemptions; request for comments.
severe hypoglycemic reactions resulting button. When the new screen appears, SUMMARY: FMCSA announces its
in loss of consciousness, requiring the click on the blue ‘‘Comment Now!’’ decision to renew exemptions for 100
assistance of another person, or button on the right hand side of the individuals from the vision requirement
resulting in impaired cognitive function page. On the new page, enter in the Federal Motor Carrier Safety
that occurred without warning in the information required including the Regulations (FMCSRs) for interstate
past 12 months and no recurrent (two or specific section of this document to commercial motor vehicle (CMV)
more) severe hypoglycemic episodes in which each comment applies, and drivers. The exemptions enable these
the last five years. His endocrinologist provide a reason for each suggestion or individuals to continue to operate CMVs
certifies that Mr. Winslow understands recommendation. If you submit your in interstate commerce without meeting
diabetes management and monitoring, comments by mail or hand delivery, the vision requirements in one eye.
has stable control of his diabetes using submit them in an unbound format, no DATES: Each group of renewed
insulin, and is able to drive a CMV larger than 81⁄2 by 11 inches, suitable for exemptions were applicable on the
safely. Mr. Winslow meets the copying and electronic filing. If you dates stated in the discussions below
requirements of the vision standard at submit comments by mail and would and will expire on the dates stated in
49 CFR 391.41(b)(10). His like to know that they reached the the discussions below. Comments must
ophthalmologist examined him in 2018 facility, please enclose a stamped, self- be received on or before August 20,
and certified that he has stable addressed postcard or envelope. 2018.
nonproliferative diabetic retinopathy. We will consider all comments and
He holds an operator’s license from materials received during the comment ADDRESSES: You may submit comments
Illinois. period. FMCSA may issue a final bearing the Federal Docket Management
determination at any time after the close System (FDMS) Docket No. FMCSA–
daltland on DSKBBV9HB2PROD with NOTICES
Christopher S. Wright 1999–6156; FMCSA–1999–6480;
of the comment period.
Mr. Wright, 53, has had ITDM since FMCSA–2002–11714; FMCSA–2005–
2018. His endocrinologist examined him V. Viewing Comments and Documents 23099; FMCSA–2006–24015; FMCSA–
in 2018 and certified that he has had no To view comments, as well as any 2006–24783; FMCSA–2007–27515;
severe hypoglycemic reactions resulting documents mentioned in this preamble, FMCSA–2008–0021; FMCSA–2008–
in loss of consciousness, requiring the go to http://www.regulations.gov and in 0106; FMCSA–2008–0174; FMCSA–
assistance of another person, or the search box insert the docket number 2009–0206; FMCSA–2009–0291;
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![34664 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
Nenad Harnos (NJ) exemptions are applicable as of August V. Preemption
Matthew D. Hormann (MN) 19, 2018, and will expire on August 19, During the period the exemption is in
James W. Jones (AL) 2020. effect, no State shall enforce any law or
Duane R. Martin (PA) As of August 27, 2018, and in regulation that conflicts with this
Roger S. Orr (IA)
accordance with 49 U.S.C. 31136(e) and exemption with respect to a person
Richard D. Shryock (MO)
31315, Gregory S. Smith (AR) has operating under the exemption.
Steven D. Sodders (OH)
satisfied the renewal conditions for
Keith R. Tyler (NC) VI. Conclusion
obtaining an exemption from the vision
The drivers were included in docket requirement in the FMCSRs for Based upon its evaluation of the 100
number FMCSA–2016–0014. Their interstate CMV drivers (77 FR 38381; 77 exemption applications, FMCSA renews
exemptions are applicable as of August FR 51846; 79 FR 41740; 81 FR 90050). the exemptions of the aforementioned
12, 2018, and will expire on August 12, drivers from the vision requirement in
2020. The driver was included in docket
49 CFR 391.41(b)(10), subject to the
As of August 18, 2018, and in number FMCSA–2012–0160. The
requirements cited above. In accordance
accordance with 49 U.S.C. 31136(e) and exemption is applicable as of August 27,
with 49 U.S.C. 31136(e) and 31315, each
31315, the following 22 individuals 2018, and will expire on August 27,
exemption will be valid for two years
have satisfied the renewal conditions for 2020.
unless revoked earlier by FMCSA.
obtaining an exemption from the vision As of August 29, 2018, and in
Issued on: July 12, 2018.
requirement in the FMCSRs for accordance with 49 U.S.C. 31136(e) and
interstate CMV drivers (71 FR 14567; 71 Larry W. Minor,
31315, Rickey W. Goins (TN) has
FR 30228; 73 FR 28187; 73 FR 35195; satisfied the renewal conditions for Associate Administrator for Policy.
73 FR 35196; 73 FR 35197; 73 FR 35198; obtaining an exemption from the vision [FR Doc. 2018–15554 Filed 7–19–18; 8:45 am]
73 FR 35199; 73 FR 35200; 73 FR 35201; requirement in the FMCSRs for BILLING CODE 4910–EX–P
73 FR 38498; 73 FR 38499; 73 FR 48273; interstate CMV drivers (77 FR 41879; 77
73 FR 48275; 75 FR 25919; 75 FR 39729; FR 52391; 79 FR 41735; 81 FR 90050).
75 FR 44051; 77 FR 46153; 79 FR 46153; DEPARTMENT OF TRANSPORTATION
The driver was included in docket
81 FR 90050):
number FMCSA–2012–0161. The Federal Motor Carrier Safety
Donald L. Carman (OH) exemption is applicable as of August 29, Administration
Christopher R. Cone (GA) 2018, and will expire on August 29,
Walter O. Connelly (WA) 2020. [FMCSA Docket No. FMCSA–2018–0051]
Roger D. Elders (MI)
Lucious J. Erwin (TX) IV. Conditions and Requirements Qualification of Drivers; Exemption
Riche Ford (CO) Applications; Epilepsy and Seizure
Kevin K. Friedel (NY) The exemptions are extended subject Disorders
Steven G. Harter (OR) to the following conditions: (1) Each
Andrew C. Kelly (WV) driver must undergo an annual physical AGENCY: Federal Motor Carrier Safety
Jason W. King (MT) examination (a) by an ophthalmologist Administration (FMCSA), DOT.
Billy J. Lewis (LA) or optometrist who attests that the ACTION: Notice of final disposition.
Robert W. McMillian (MA) vision in the better eye continues to
Richard A. Peterson (OR) meet the requirements in 49 CFR SUMMARY: FMCSA announces its
Carroll G. Quisenberry (KY) 391.41(b)(10), and (b) by a certified decision to exempt eight individuals
Ryan J. Reimann (WI) Medical Examiner, as defined by 49 CFR from the requirement in the Federal
Brandon J. See (IA) 390.5, who attests that the driver is Motor Carrier Safety Regulations
Ricky L. Shepler (PA) otherwise physically qualified under 49 (FMCSRs) that interstate commercial
John L. Stone (PA) CFR 391.41; (2) each driver must motor vehicle (CMV) drivers have ‘‘no
Nils S. Thornberg (OR) provide a copy of the ophthalmologist’s established medical history or clinical
Daniel W. Toppings (WV) or optometrist’s report to the Medical diagnosis of epilepsy or any other
Christopher R. Whitson (NC) Examiner at the time of the annual condition which is likely to cause loss
Aaron E. Wright (MI) medical examination; and (3) each of consciousness or any loss of ability to
The drivers were included in docket driver must provide a copy of the control a CMV.’’ The exemptions enable
numbers FMCSA–2006–24015; annual medical certification to the these individuals who have had one or
FMCSA–2008–0106; FMCSA–2008– employer for retention in the driver’s more seizures and are taking anti-
0174; FMCSA–2010–0082. Their qualification file or keep a copy of his/ seizure medication to operate CMVs in
exemptions are applicable as of August her driver’s qualification if he/her is interstate commerce.
18, 2018, and will expire on August 18, self- employed. The driver must also DATES: The exemptions were applicable
2020. have a copy of the exemption when on May 30, 2018. The exemptions
As of August 19, 2018, and in driving, for presentation to a duly expire on May 30, 2020.
accordance with 49 U.S.C. 31136(e) and authorized Federal, State, or local FOR FURTHER INFORMATION CONTACT: Ms.
31315, the following two individuals enforcement official. The exemption Christine A. Hydock, Chief, Medical
have satisfied the renewal conditions for will be rescinded if: (1) The person fails Programs Division, (202) 366–4001,
obtaining an exemption from the vision to comply with the terms and fmcsamedical@dot.gov, FMCSA,
daltland on DSKBBV9HB2PROD with NOTICES
requirement in the FMCSRs for conditions of the exemption; (2) the Department of Transportation, 1200
interstate CMV drivers (79 FR 41737; 79 exemption has resulted in a lower level New Jersey Avenue SE, Room W64–224,
FR 56102; 81 FR 90050): Leamon V. of safety than was maintained before it Washington, DC 20590–0001. Office
Manchester (LA); Leverne F. Schulte, Jr. was granted; or (3) continuation of the hours are from 8:30 a.m. to 5 p.m., e.t.,
(OH) exemption would not be consistent with Monday through Friday, except Federal
The drivers were included in docket the goals and objectives of 49 U.S.C. holidays. If you have questions
number FMCSA–2014–0008. Their 31136(e) and 31315. regarding viewing or submitting
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Document Created: 2018-07-20 01:19:25
Document Modified: 2018-07-20 01:19:25
| 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 August 20, 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 34661 |
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