83 FR 40627 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 158 (August 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 158 (August 15, 2018)
| Page Range | 40627-40629 | |
| FR Document | 2018-17594 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40627-40629] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17594] ----------------------------------------------------------------------- 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 final disposition. ----------------------------------------------------------------------- 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 requirement 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. 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. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/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. 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. II. Background On June 18, 2018, FMCSA published a notice announcing its decision to renew exemptions for 114 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (83 FR 28325). The public comment period ended on July 18, 2018, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(10). 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. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based upon its evaluation of the 114 renewal exemption applications and comments received, FMCSA confirms its' decision to exempt the following drivers from the vision requirement in 49 CFR 391.41 (b)(10): 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; [[Page 40628]] 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. 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) [[Page 40629]] 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. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: August 8, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17594 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
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will be rescinded if: (1) The person fails Regulations (FMCSRs) for interstate greater than the level that would be
to comply with the terms and commercial motor vehicle (CMV) achieved by complying with the current
conditions of the exemption; (2) the drivers. The exemptions enable these regulation 49 CFR 391.41(b)(10).
exemption has resulted in a lower level individuals to continue to operate CMVs The physical qualification standard
of safety than was maintained before it in interstate commerce without meeting for drivers regarding vision found in 49
was granted; or (3) continuation of the the vision requirement in one eye. CFR 391.41(b)(10) states that a person is
exemption would not be consistent with DATES: Each group of renewed physically qualified to driver a CMV if
the goals and objectives of 49 U.S.C. exemptions were applicable on the that person has distant visual acuity of
31136(e) and 31315. dates stated in the discussions below at least 20/40 (Snellen) in each eye
and will expire on the dates stated in without corrective lenses or visual
V. Preemption acuity separately corrected to 20/40
the discussions below.
During the period the exemption is in (Snellen) or better with corrective
FOR FURTHER INFORMATION CONTACT: Ms.
effect, no State shall enforce any law or lenses, distant binocular acuity of a least
Christine A. Hydock, Chief, Medical
regulation that conflicts with this 20/40 (Snellen) in both eyes with or
Programs Division, 202–366–4001, without corrective lenses, field of vision
exemption with respect to a person
fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian
operating under the exemption.
Department of Transportation, 1200 in each eye, and the ability to recognize
VI. Conclusion New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices
Based upon its evaluation of the 20 Washington, DC 20590–0001. Office showing red, green, and amber.
exemption applications, FMCSA renews hours are from 8:30 a.m. to 5 p.m., e.t.,
the exemptions of the aforementioned Monday through Friday, except Federal III. Discussion of Comments
drivers from the epilepsy and seizure holidays. If you have questions FMCSA received no comments in this
disorders prohibition in 49 CFR 391.41 regarding viewing or submitting preceding.
(b)(8). In accordance with 49 U.S.C. material to the docket, contact Docket
Services, telephone (202) 366–9826. IV. Conclusion
31136(e) and 31315, each exemption
will be valid for two years unless SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 114
revoked earlier by FMCSA. renewal exemption applications and
I. Electronic Access comments received, FMCSA confirms
Issued on: August 9, 2018.
You may see all the comments online its’ decision to exempt the following
Larry W. Minor, through the Federal Document drivers from the vision requirement in
Associate Administrator for Policy. Management System (FDMS) at: http:// 49 CFR 391.41 (b)(10):
[FR Doc. 2018–17566 Filed 8–14–18; 8:45 am] www.regulations.gov. In accordance with 49 U.S.C. 31136(e)
BILLING CODE 4910–EX–P Docket: For access to the docket to and 31315, the following groups of
read background documents or drivers received renewed exemptions in
comments, go to http:// the month of July and are discussed
DEPARTMENT OF TRANSPORTATION www.regulations.gov and/or Room below:
W12–140 on the ground level of the As of July 8, 2018, and in accordance
Federal Motor Carrier Safety with 49 U.S.C. 31136(e) and 31315, the
West Building, 1200 New Jersey Avenue
Administration following 57 individuals have satisfied
SE, Washington, DC, between 9 a.m. and
[Docket No. FMCSA–1998–4334; FMCSA– 5 p.m., e.t., Monday through Friday, the renewal conditions for obtaining an
1999–6156; FMCSA–2001–11426; FMCSA– except Federal holidays. exemption from the vision requirement
2003–16564; FMCSA–2005–22194; FMCSA– Privacy Act: In accordance with 5 in the FMCSRs for interstate CMV
2006–23773; FMCSA–2006–24015; FMCSA– U.S.C. 553(c), DOT solicits comments drivers (63 FR 66226; 64 FR 16517; 66
2006–24783; FMCSA–2007–0017; FMCSA– FR 41656; 68 FR 44837; 68 FR 74699;
2007–0071; FMCSA–2008–0021; FMCSA–
from the public to better inform its
rulemaking process. DOT posts these 69 FR 10503; 70 FR 41811; 70 FR 57353;
2009–0011; FMCSA–2009–0086; FMCSA–
2010–0050; FMCSA–2010–0082; FMCSA– comments, without edit, including any 70 FR 72689; 71 FR 6826; 71 FR 14566;
2011–0092; FMCSA–2011–0299; FMCSA– personal information the commenter 71 FR 16410; 71 FR 19602; 71 FR 30227;
2011–0366; FMCSA–2011–0379; FMCSA– provides, to http://www.regulations.gov, 72 FR 62896; 72 FR 67340; 73 FR 1395;
2012–0039; FMCSA–2012–0104; FMCSA– as described in the system of records 73 FR 6242; 73 FR 11989; 73 FR 15567;
2012–0106; FMCSA–2013–0029; FMCSA– notice (DOT/ALL–14 FDMS), which can 73 FR 16950; 73 FR 27014; 73 FR 27015;
2013–0165; FMCSA–2013–0166; FMCSA– be reviewed at http://www.dot.gov/ 74 FR 19267; 74 FR 28094; 74 FR 43221;
2013–0168; FMCSA–2013–0174; FMCSA– 74 FR 65845; 75 FR 9477; 75 FR 9480;
2014–0002; FMCSA–2014–0003; FMCSA–
privacy.
75 FR 13653; 75 FR 14656; 75 FR 19674;
2014–0004; FMCSA–2014–0005; FMCSA– II. Background
2014–0006; FMCSA–2015–0056; FMCSA– 75 FR 20881; 75 FR 22176; 75 FR 27622;
2015–0070; FMCSA–2015–0350; FMCSA– On June 18, 2018, FMCSA published 75 FR 28682; 76 FR 25766; 76 FR 37885;
2015–0351; FMCSA–2016–0024; FMCSA– a notice announcing its decision to 76 FR 44652; 76 FR 53708; 76 FR 73769;
2016–0027; FMCSA–2016–0028; FMCSA– renew exemptions for 114 individuals 76 FR 78728; 77 FR 3547; 77 FR 5874;
2016–0029; FMCSA–2016–0347] from the vision requirement in 49 CFR 77 FR 13689; 77 FR 15184; 77 FR 17107;
391.41(b)(10) to operate a CMV in 77 FR 17108; 77 FR 17115; 77 FR 17117;
Qualification of Drivers; Exemption interstate commerce and requested 77 FR 20879; 77 FR 23797; 77 FR 26816;
Applications; Vision comments from the public (83 FR 77 FR 27847; 77 FR 27850; 77 FR 29447;
AGENCY: Federal Motor Carrier Safety 28325). The public comment period 77 FR 31427; 77 FR 38386; 78 FR 34143;
daltland on DSKBBV9HB2PROD with NOTICES
Administration (FMCSA), DOT. ended on July 18, 2018, and no 78 FR 47818; 78 FR 52602; 78 FR 62935;
ACTION: Notice of final disposition. comments were received. 78 FR 63302; 78 FR 63307; 78 FR 76395;
As stated in the previous notice, 78 FR 76704; 78 FR 76705; 78 FR 77780;
SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of 78 FR 78477; 79 FR 1908; 79 FR 2248;
decision to renew exemptions for 114 these applicants and determined that 79 FR 10606; 79 FR 13085; 79 FR 14328;
individuals from the vision requirement renewing these exemptions would 79 FR 14331; 79 FR 14333; 79 FR 14571;
in the Federal Motor Carrier Safety achieve a level of safety equivalent to or 79 FR 17641; 79 FR 18391; 79 FR 18392;
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Michael E. Jones (IL) SUMMARY: FMCSA announces its of safety that would be obtained by
Darius R. Law (FL) decision to deny applications from 39 complying with the regulation 49 CFR
Robert C. Martin (WA) individuals who requested an 391.41(b)(8).
Mark W. McTaggart (IL) exemption from the Federal Motor
Noel V. Munoz (NM) III. Basis for Exemption Determination
Carrier Safety Regulations (FMCSRs)
Ivan Romero (IL) prohibiting persons with a clinical Under 49 U.S.C. 31136(e) and 31315,
Steve A. Taylor (NC) FMCSA may grant an exemption for five
diagnosis of epilepsy or any other
The drivers were included in docket condition that is likely to cause a loss years if it finds such an exemption
number FMCSA–2016–0029. Their of consciousness or any loss of ability to would likely achieve a level of safety
exemptions are applicable as of July 29, operate a commercial motor vehicle that is equivalent to, or greater than, the
2018, and will expire on July 29, 2020. (CMV) from operating CMVs in level that would be achieved absent
As of July 30, 2018, and in accordance interstate commerce. such an exemption. FMCSA grants
with 49 U.S.C. 31136(e) and 31315, the exemptions from the FMCSRs for a two-
FOR FURTHER INFORMATION CONTACT: Ms.
following six individuals have satisfied year period to align with the maximum
the renewal conditions for obtaining an Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001, duration of a driver’s medical
exemption from the vision requirement certification.
in the FMCSRs for interstate CMV fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 The Agency’s decision regarding these
drivers (71 FR 32183; 71 FR 41310; 73 exemption applications is based on the
FR 36955; 75 FR 25917; 75 FR 36779; New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office eligibility criteria, the terms and
75 FR 39729; 77 FR 33017; 77 FR 36338; conditions for Federal exemptions, and
77 FR 38384; 77 FR 44708; 79 FR 37843; hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal an individualized assessment of each
79 FR 38661; 81 FR 96196): applicant’s medical information
holidays. If you have questions
Lester M. Ellingson, Jr. (ND) provided by the applicant.
regarding viewing or submitting
Damon G. Gallardo (CA)
Daniel L. Grover (KS) material to the docket, contact Docket IV. Conclusion
Larry A. Nienhuis (MI) Services, telephone (202) 366–9826.
The Agency has determined that these
Gregory A. Reinert (MN) SUPPLEMENTARY INFORMATION: applicants do not satisfy the criteria
Joseph B. Shaw, Jr. (VA) eligibility or meet the terms and
I. Electronic Access
The drivers were included in docket conditions of the Federal exemption and
numbers FMCSA–2006–24783; You may see all the comments online granting these exemptions would not
FMCSA–2010–0082; FCMSA–2012– through the Federal Document provide a level of safety that would be
0106. Their exemptions are applicable Management System (FDMS) at: http:// equivalent to or greater than, the level
as of July 30, 2018, and will expire on www.regulations.gov. of safety that would be obtained by
July 30, 2020. Docket: For access to the docket to complying with the regulation 49 CFR
In accordance with 49 U.S.C. 31315, read background documents or 391.41(b)(8). Therefore, the 39
each exemption will be valid for two comments, go to http:// applicants in this notice have been
years from the effective date unless www.regulations.gov and/or Room denied exemptions from the physical
revoked earlier by FMCSA. The W12–140 on the ground level of the qualification standards in 49 CFR
exemption will be revoked if the West Building, 1200 New Jersey Avenue 391.41(b)(8).
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and Each applicant has, prior to this
comply with the terms and conditions 5 p.m., e.t., Monday through Friday, notice, received a letter of final
of the exemption; (2) the exemption has except Federal holidays. disposition regarding his/her exemption
resulted in a lower level of safety than Privacy Act: In accordance with 5 request. Those decision letters fully
was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments outlined the basis for the denial and
or (3) continuation of the exemption from the public to better inform its constitutes final action by the Agency.
would not be consistent with the goals rulemaking process. DOT posts these This notice summarizes the Agency’s
and objectives of 49 U.S.C. 31136 and comments, without edit, including any recent denials as required under 49
31315. personal information the commenter U.S.C. 31315(b)(4) by periodically
Issued on: August 8, 2018.
provides, to http://www.regulations.gov, publishing names and reasons for
as described in the system of records denial.
Larry W. Minor,
notice (DOT/ALL–14 FDMS), which can The following 35 applicants do not
Associate Administrator for Policy. be reviewed at http://www.dot.gov/
[FR Doc. 2018–17594 Filed 8–14–18; 8:45 am]
meet the minimum time requirement for
privacy. being seizure-free, either on or off of
BILLING CODE 4910–EX–P
II. Background anti-seizure medication:
FMCSA received applications from 39 David M. Allyn (CT)
DEPARTMENT OF TRANSPORTATION Daniel Bailey (NY)
individuals who requested an
Tiffany Banks (NV)
exemption from the FMCSRs Lorenzo Barber (IL)
Federal Motor Carrier Safety prohibiting persons with a clinical
Administration Richard Benjamin (AL)
diagnosis of epilepsy or any other Edward Blankenstein II (PA)
[Docket No. FMCSA–2018–0555] condition that is likely to cause a loss Charles Border (NM)
of consciousness or any loss of ability to Andrew Browder (AL)
daltland on DSKBBV9HB2PROD with NOTICES
Qualification of Drivers; Exemption operate a CMV from operating CMVs in Pietro Capobianco (NJ)
Applications; Epilepsy and Seizure interstate commerce. Jon Cole (ID)
Disorders FMCSA has evaluated the eligibility Michael Cole (NJ)
AGENCY: Federal Motor Carrier Safety of these applicants and concluded that Charles Cournoyer (MA)
Administration (FMCSA), DOT. granting these exemptions would not Ryan Daws (MN)
provide a level of safety that would be Shawn Durbin (UT)
ACTION: Notice of denials.
equivalent to or greater than, the level William Everett (OH)
VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1](https://thefederalregister.org/doc/83_FR_40785/page/3.svg)
Document Created: 2018-08-15 01:25:55
Document Modified: 2018-08-15 01:25:55
| 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 final disposition. | |
| 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. | |
| 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 40627 |
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