83 FR 40638 - 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 | 40638-40640 | |
| FR Document | 2018-17604 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40638-40640] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17604] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-2000-7165; FMCSA- 2002-12294; FMCSA-2004-17195; FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2009-0291; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0325; FMCSA-2012-0104; FMCSA-2012-0161; FMCSA-2012-0214; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2016-0031; FMCSA-2016-0033] 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 88 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 September 14, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2002-12294; FMCSA-2004-17195; FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2009-0291; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0325; FMCSA-2012-0104; FMCSA-2012-0161; FMCSA-2012-0214; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2016-0031; FMCSA-2016-0033 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 [[Page 40639]] 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 88 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 88 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 68195; 65 FR 20245; 65 FR 33406; 65 FR 57230; 65 FR 57234; 67 FR 46016; 67 FR 57266; 67 FR 57267; 69 FR 17263; 69 FR 51346; 69 FR 52741; 70 FR 57353; 70 FR 72689; 71 FR 6828; 71 FR 19604; 71 FR 32184; 71 FR 50970; 71 FR 53489; 73 FR 15568; 73 FR 27018; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 36955; 73 FR 38499; 73 FR 46973; 73 FR 48270; 73 FR 48275; 73 FR 51336; 73 FR 54888; 74 FR 65842; 75 FR 9482; 75 FR 25919; 75 FR 34210; 75 FR 34212; 75 FR 36779; 75 FR 39729; 75 FR 44051; 75 FR 47888; 75 FR 50799; 75 FR 52062; 75 FR 52063; 76 FR 73769; 77 FR 539; 77 FR 10606; 77 FR 10608; 77 FR 27847; 77 FR 38384; 77 FR 40945; 77 FR 41879; 77 FR 46153; 77 FR 46793; 77 FR 52388; 77 FR 52389; 77 FR 59245; 78 FR 62935; 78 FR 63302; 78 FR 76395; 79 FR 6993; 79 FR 10606; 79 FR 10607; 79 FR 14328; 79 FR 14571; 79 FR 18392; 79 FR 22003; 79 FR 27681; 79 FR 28588; 79 FR 29498; 79 FR 35212; 79 FR 35218; 79 FR 38659; 79 FR 46153; 79 FR 46300; 79 FR 47175; 79 FR 51643; 79 FR 52388; 79 FR 53514; 79 FR 64001; 80 FR 67476; 80 FR 70060; 81 FR 14190; 81 FR 15404; 81 FR 16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 39100; 81 FR 39320; 81 FR 42054; 81 FR 45214; 81 FR 52514; 81 FR 52516; 81 FR 59266; 81 FR 66720; 81 FR 66722; 81 FR 66726; 81 FR 68098; 81 FR 74494; 81 FR 81230; 81 FR 90050; 81 FR 91239; 81 FR 96196). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of September and are discussed below: As of September 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 30 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (70 FR 57353; 70 FR 72689; 71 FR 6828; 71 FR 19604; 73 FR 27018; 73 FR 35198; 73 FR 36955; 73 FR 48275; 74 FR 65842; 75 FR 9482; 75 FR 25919; 75 FR 36779; 75 FR 39729; 75 FR 44051; 77 FR 539; 77 FR 10606; 77 FR 10608; 77 FR 38384; 77 FR 46153; 78 FR 62935; 78 FR 76395; 79 FR 6993; 79 FR 10607; 79 FR 14328; 79 FR 14571; 79 FR 18392; 79 FR 22003; 79 FR 28588; 79 FR 29498; 79 FR 35212; 79 FR 35218; 79 FR 38659; 79 FR 46153; 79 FR 47175; 79 FR 53514; 80 FR 67476; 80 FR 70060; 81 FR 14190; 81 FR 15404; 81 FR 16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 39100; 81 FR 39320; 81 FR 42054; 81 FR 45214; 81 FR 52514; 81 FR 52516; 81 FR 66720; 81 FR 66722; 81 FR 66726; 81 FR 68098; 81 FR 90050; 81 FR 91239; 81 FR 96196): Felipe Bayron (WI) Kenneth W. Bos (MN) Duane N. Brojer (NM) Gary A. Brown (PA) John D. Burns (ID) Derrick L. Cowan (NC) Jeffrey D. Davis (NC) Timothy C. Dotson (MO) Paul D. Evenhouse (IL) Hugo A. Galvis Barrera (GA) Todd M. Harguth (MN) George F. Hernandez, Jr. (AZ) Brian D. Hoover (IA) Gregory R. Johnson (SC) Michael A. Kafer (KS) Aaron C. Lougher (OR) John Lucas (NC) Joshua L. Marasek (TX) Carlos A. Mendez-Castellon (VA) Earl L. Mokma (MI) John E. O'Boyle (PA) Mark C. Reineke (NM) Guadalupe Reyes (FL) Jacob H. Riggle (OK) Richard M. Rosales (NM) Scott D. Russell (WI) Paul W. Sorenson (UT) Joshua R. Stanley (OK) Jerry M. Stearns (AR) Raymond W. Teemer (NJ) The drivers were included in docket numbers FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2008-0106; FMCSA-2009-0291; FMCSA-2010-0082; FMCSA-2011-0325; FMCSA-2013-0166; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0350; FMCSA-2015-0351; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2016-0031. Their exemptions are applicable as of September 8, 2018, and will expire on September 8, 2020. As of September 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 23 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; 67 FR 38311; 69 FR 17263; 69 FR 26921; 69 FR 31447; 70 FR 44946; 71 FR 27033; 71 FR 32184; 71 FR 41311; 73 FR 15568; 73 FR 27017; 73 FR 28186; 73 FR 35197; 73 FR 35199; 73 FR 38499; 73 FR 42403; 73 FR 48273; 73 FR 48275; 75 FR 25919; 75 FR 27624; 75 FR 34212; 75 FR 38602; 75 FR 39729; 75 FR 44051; 75 FR 47888; 75 FR 50799; 76 FR 73769; 77 FR 3547; 77 FR 27847; 77 FR 36338; 77 FR 38386; 77 FR 40945; 77 FR 40946; 77 FR 41879; 77 FR 46153; 77 FR 48590; 77 FR 52391; 78 FR 63302; 78 FR 77780; 79 FR 10606; 79 FR 14331; 79 FR 22003; 79 FR 27681; 79 FR 29495; 79 FR 35212; 79 FR 35220; 79 FR 37842; 79 FR 38649; 79 FR 38659; 79 FR 41735; 79 FR 45868; 79 FR 46153; 79 FR 47175; 79 FR 53514; 81 FR 81230): Don R. Alexander (OR) Paul J. Bannon (DE) Tracy L. Bowers (IA) [[Page 40640]] Thomas L. Corey (IN) Layne C. Coscorrosa (WA) James H. Facemyre (WV) Michael Giagnacova (PA) Brian G. Hagen (IL) George M. Hapchuk (PA) Clarence K. Hill (NC) Michael J. Hoffarth (WA) Michael G. Martin (CT) Shane N. Maul (IN) Larry McCoy, Sr. (OH) Daniel S. Rebstad (FL) Kenneth R. Riener (MT) Terry L. Rubendall (PA) James C. Sharp (PA) Robert Smiley (NM) Leon F. Stephens (CO) George R. Tieskoetter (IA) Bart M. Valiante (CT) James W. Van Ryswyk (IA) The drivers were included in docket numbers FMCSA-1999-6480; FMCSA- 2004-17195; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA- 2008-0174; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA- 2012-0104; FMCSA-2012-0161; FMCSA-2013-0168; FMCSA-2014-0002; FMCSA- 2014-0005; FMCSA-2014-0006; FMCSA-2014-0007. Their exemptions are applicable as of September 9, 2018, and will expire on September 9, 2020. As of September 21, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 20245; 65 FR 33406; 65 FR 57230; 65 FR 57234; 67 FR 46016; 67 FR 57266; 67 FR 57267; 69 FR 51346; 69 FR 52741; 71 FR 50970; 71 FR 53489; 73 FR 48270; 73 FR 51336; 75 FR 34210; 75 FR 47888; 75 FR 50799; 75 FR 52062; 77 FR 40945; 77 FR 52389; 79 FR 46300; 81 FR 81230): Jack D. Clodfelter (NC) Tommy J. Cross, Jr. (TN) Daniel K. Davis III (MA) Joseph A. Dunlap (OH) James F. Gereau (WI) Esteban G. Gonzalez (TX) Reginald I. Hall (TX) George R. House (MO) Alfred C. Jewell, Jr. (WY) Lewis V. McNeice (TX) Kevin J. O'Donnell (IL) Gregory M. Preves (GA) Jeffrey D. Wilson (CO) The drivers were included in docket numbers FMCSA-2000-7006; FMCSA- 2000-7165; FMCSA-2002-12294; FMCSA-2010-0114. Their exemptions are applicable as of September 21, 2018, and will expire on September 21, 2020. As of September 23, 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 (73 FR 46973; 73 FR 54888; 75 FR 52063; 77 FR 52388; 79 FR 52388; 81 FR 81230): Terrence L. Benning (WI) Larry D. Curry (GA) Kelly M. Greene (FL) Thomas P. Shank (NY) The drivers were included in docket number FMCSA-2008-0231. Their exemptions are applicable as of September 23, 2018, and will expire on September 23, 2020. As of September 26, 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 (77 FR 46793; 77 FR 59245; 81 FR 81230): Bryan Brockus (ID) Erric L. Gomersall (WI) Larry Johnsonbaugh, Jr. (PA) John Middleton (OH) The drivers were included in docket number FMCSA-2012-0214. Their exemptions are applicable as of September 26, 2018, and will expire on September 26, 2020. As of September 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (81 FR 59266; 81 FR 74494): Gregory M. Anderson (NY) Richard D. Auger (CA) Darrin E. Bogert (NY) Jose D. Chavez (MD) Philip J. Clements (WI) Robert H. Nelson (VA) Harold F. White (SC) The drivers were included in docket number FMCSA-2016-0033. Their exemptions are applicable as of September 29, 2018, and will expire on September 29, 2020. As of September 30, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (79 FR 51643; 79 FR 64001; 81 FR 81230): Ronald A. Bolyard (WV) Kelly R. Knopf, Sr. (SC) Frazier A. Luckerson (GA) Ross A. Miceli II (PA) Donald L. Minney (OH) Philip L. Neff (PA) Loran J. Weiler (IA) The drivers were included in docket number FMCSA-2014-0010. Their exemptions are applicable as of September 30, 2018, and will expire on September 30, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self- employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 88 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: August 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17604 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
![40638 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
operate CMVs are able to meet an equal ACTION:Notice of renewal of personal information provided. Please
or greater level of safety and upholds exemptions; request for comments. see the Privacy Act heading below for
the findings of the April 2007 report. further information.
SUMMARY: FMCSA announces its Docket: For access to the docket to
V. Conclusion decision to renew exemptions for 88 read background documents or
The Agency has determined that the individuals from the vision requirement comments, go to http://
available medical and scientific in the Federal Motor Carrier Safety www.regulations.gov at any time or
literature and research provides Regulations (FMCSRs) for interstate Room W12–140 on the ground level of
insufficient data to enable the Agency to commercial motor vehicle (CMV) the West Building, 1200 New Jersey
conclude that granting these exemptions drivers. The exemptions enable these Avenue, SE, Washington, DC, between 9
would achieve a level of safety individuals to continue to operate CMVs a.m. and 5 p.m., e.t., Monday through
equivalent to, or greater than, the level in interstate commerce without meeting Friday, except Federal holidays. The
of safety maintained without the the vision requirements in one eye. FDMS is available 24 hours each day,
exemption. Therefore, the following DATES: Each group of renewed e.t., 365 days each year. If you want
seven applicants have been denied exemptions were applicable on the acknowledgment that we received your
exemptions from the physical dates stated in the discussions below comments, please include a self-
qualification standards in 49 CFR and will expire on the dates stated in addressed, stamped envelope or
391.41(b)(4): the discussions below. Comments must postcard or print the acknowledgement
Frank D’Ercole (NJ) be received on or before September 14, page that appears after submitting
Myles Goodwin (NH) 2018. comments online.
Cody Hairr (NC) ADDRESSES: You may submit comments Privacy Act: In accordance with 5
Dennis R. Pickett (IN) bearing the Federal Docket Management U.S.C. 553(c), DOT solicits comments
William E. Richardson, Jr. (MI) System (FDMS) Docket No. FMCSA– from the public to better inform its
Terry Stephens ( VA) 1999–6480; FMCSA–2000–7006; rulemaking process. DOT posts these
Jeffrey A. Weiner ( MN) FMCSA–2000–7165; FMCSA–2002– comments, without edit, including any
Each applicant has, prior to this 12294; FMCSA–2004–17195; FMCSA– personal information the commenter
notice, received a letter of final 2005–22194; FMCSA–2006–23773; provides, to http://www.regulations.gov,
disposition regarding his/her exemption FMCSA–2006–24783; FMCSA–2008– as described in the system of records
request. Those decision letters fully 0021; FMCSA–2008–0106; FMCSA– notice (DOT/ALL–14 FDMS), which can
outlined the basis for the denial and 2008–0174; FMCSA–2008–0231; be reviewed at http://www.dot.gov/
constitutes final action by the Agency. FMCSA–2009–0291; FMCSA–2010– privacy.
The list published today summarizes 0082; FMCSA–2010–0114; FMCSA–
the Agency’s recent denials as required 2011–0299; FMCSA–2011–0325; FOR FURTHER INFORMATION CONTACT: Ms.
under 49 U.S.C. 31315(b)(4). FMCSA–2012–0104; FMCSA–2012– Christine A. Hydock, Chief, Medical
0161; FMCSA–2012–0214; FMCSA– Programs Division, 202–366–4001,
Issued on: August 8, 2018.
2013–0166; FMCSA–2013–0168; fmcsamedical@dot.gov, FMCSA,
Larry W. Minor, Department of Transportation, 1200
Associate Administrator for Policy. FMCSA–2014–0002; FMCSA–2014–
0003; FMCSA–2014–0004; FMCSA– New Jersey Avenue, SE, Room W64–
[FR Doc. 2018–17588 Filed 8–14–18; 8:45 am] 224, Washington, DC 20590–0001.
2014–0005; FMCSA–2014–0006;
BILLING CODE 4910–EX–P
FMCSA–2014–0007; FMCSA–2014– Office hours are from 8:30 a.m. to 5
0010; FMCSA–2015–0070; FMCSA– p.m., e.t., Monday through Friday,
2015–0072; FMCSA–2015–0350; except Federal holidays. If you have
DEPARTMENT OF TRANSPORTATION questions regarding viewing or
FMCSA–2015–0351; FMCSA–2016–
0028; FMCSA–2016–0029; FMCSA– submitting material to the docket,
Federal Motor Carrier Safety
2016–0030; FMCSA–2016–0031; contact Docket Services, telephone (202)
Administration
FMCSA–2016–0033 using any of the 366–9826.
[Docket No. FMCSA–1999–6480; FMCSA– SUPPLEMENTARY INFORMATION:
following methods:
2000–7006; FMCSA–2000–7165; FMCSA–
2002–12294; FMCSA–2004–17195; FMCSA–
• Federal eRulemaking Portal: Go to I. Background
2005–22194; FMCSA–2006–23773; FMCSA– http://www.regulations.gov. Follow the
2006–24783; FMCSA–2008–0021; FMCSA– online instructions for submitting Under 49 U.S.C. 31136(e) and 31315,
2008–0106; FMCSA–2008–0174; FMCSA– comments. FMCSA may grant an exemption for five
2008–0231; FMCSA–2009–0291; FMCSA– • Mail: Docket Management Facility; years if it finds ‘‘such exemption would
2010–0082; FMCSA–2010–0114; FMCSA– U.S. Department of Transportation, 1200 likely achieve a level of safety that is
2011–0299; FMCSA–2011–0325; FMCSA– New Jersey Avenue, SE, West Building equivalent to or greater than the level
2012–0104; FMCSA–2012–0161; FMCSA– Ground Floor, Room W12–140, that would be achieved absent such
2012–0214; FMCSA–2013–0166; FMCSA– exemption.’’ The statute also allows the
2013–0168; FMCSA–2014–0002; FMCSA–
Washington, DC 20590–0001.
2014–0003; FMCSA–2014–0004; FMCSA– • Hand Delivery: West Building Agency to renew exemptions at the end
2014–0005; FMCSA–2014–0006; FMCSA– Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
2014–0007; FMCSA–2014–0010; FMCSA– New Jersey Avenue, SE, Washington, exemptions from the FMCSRs for a two-
2015–0070; FMCSA–2015–0072; FMCSA– DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
2015–0350; FMCSA–2015–0351; FMCSA– Monday through Friday, except Federal duration of a driver’s medical
2016–0028; FMCSA–2016–0029; FMCSA– Holidays. certification.
daltland on DSKBBV9HB2PROD with NOTICES
2016–0030; FMCSA–2016–0031; FMCSA– • Fax: 1–202–493–2251. The physical qualification standard
2016–0033] Instructions: Each submission must for drivers regarding vision found in 49
include the Agency name and the CFR 391.41(b)(10) states that a person is
Qualification of Drivers; Exemption
docket number(s) for this notice. Note physically qualified to driver a CMV if
Applications; Vision
that all comments received will be that person has distant visual acuity of
AGENCY:Federal Motor Carrier Safety posted without change to http:// at least 20/40 (Snellen) in each eye
Administration (FMCSA), DOT. www.regulations.gov, including any without corrective lenses or visual
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![40640 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
Thomas L. Corey (IN) 31315, the following four individuals Loran J. Weiler (IA)
Layne C. Coscorrosa (WA) have satisfied the renewal conditions for
James H. Facemyre (WV) The drivers were included in docket
obtaining an exemption from the vision
Michael Giagnacova (PA) number FMCSA–2014–0010. Their
requirement in the FMCSRs for
Brian G. Hagen (IL) exemptions are applicable as of
interstate CMV drivers (73 FR 46973; 73
George M. Hapchuk (PA) September 30, 2018, and will expire on
FR 54888; 75 FR 52063; 77 FR 52388;
Clarence K. Hill (NC) September 30, 2020.
79 FR 52388; 81 FR 81230):
Michael J. Hoffarth (WA) IV. Conditions and Requirements
Terrence L. Benning (WI)
Michael G. Martin (CT)
Larry D. Curry (GA)
Shane N. Maul (IN) The exemptions are extended subject
Kelly M. Greene (FL)
Larry McCoy, Sr. (OH) to the following conditions: (1) Each
Daniel S. Rebstad (FL) Thomas P. Shank (NY)
driver must undergo an annual physical
Kenneth R. Riener (MT) The drivers were included in docket examination (a) by an ophthalmologist
Terry L. Rubendall (PA) number FMCSA–2008–0231. Their or optometrist who attests that the
James C. Sharp (PA) exemptions are applicable as of vision in the better eye continues to
Robert Smiley (NM) September 23, 2018, and will expire on meet the requirements in 49 CFR
Leon F. Stephens (CO) September 23, 2020. 391.41(b)(10), and (b) by a certified
George R. Tieskoetter (IA) As of September 26, 2018, and in Medical Examiner, as defined by 49 CFR
Bart M. Valiante (CT) accordance with 49 U.S.C. 31136(e) and 390.5, who attests that the driver is
James W. Van Ryswyk (IA) 31315, the following four individuals otherwise physically qualified under 49
The drivers were included in docket have satisfied the renewal conditions for CFR 391.41; (2) each driver must
numbers FMCSA–1999–6480; FMCSA– obtaining an exemption from the vision provide a copy of the ophthalmologist’s
2004–17195; FMCSA–2006–24783; requirement in the FMCSRs for or optometrist’s report to the Medical
FMCSA–2008–0021; FMCSA–2008– interstate CMV drivers (77 FR 46793; 77 Examiner at the time of the annual
0106; FMCSA–2008–0174; FMCSA– FR 59245; 81 FR 81230): medical examination; and (3) each
2010–0082; FMCSA–2010–0114; Bryan Brockus (ID) driver must provide a copy of the
FMCSA–2011–0299; FMCSA–2012– Erric L. Gomersall (WI) annual medical certification to the
0104; FMCSA–2012–0161; FMCSA– Larry Johnsonbaugh, Jr. (PA) employer for retention in the driver’s
2013–0168; FMCSA–2014–0002; John Middleton (OH) qualification file or keep a copy of his/
FMCSA–2014–0005; FMCSA–2014– The drivers were included in docket her driver’s qualification if he/her is
0006; FMCSA–2014–0007. Their number FMCSA–2012–0214. Their self- employed. The driver must also
exemptions are applicable as of exemptions are applicable as of have a copy of the exemption when
September 9, 2018, and will expire on September 26, 2018, and will expire on driving, for presentation to a duly
September 9, 2020. September 26, 2020. authorized Federal, State, or local
As of September 21, 2018, and in As of September 29, 2018, and in enforcement official. The exemption
accordance with 49 U.S.C. 31136(e) and accordance with 49 U.S.C. 31136(e) and will be rescinded if: (1) The person fails
31315, the following 13 individuals 31315, the following seven individuals to comply with the terms and
have satisfied the renewal conditions for have satisfied the renewal conditions for conditions of the exemption; (2) the
obtaining an exemption from the vision obtaining an exemption from the vision exemption has resulted in a lower level
requirement in the FMCSRs for requirement in the FMCSRs for of safety than was maintained before it
interstate CMV drivers (65 FR 20245; 65 interstate CMV drivers (81 FR 59266; 81 was granted; or (3) continuation of the
FR 33406; 65 FR 57230; 65 FR 57234; FR 74494): exemption would not be consistent with
67 FR 46016; 67 FR 57266; 67 FR 57267; the goals and objectives of 49 U.S.C.
69 FR 51346; 69 FR 52741; 71 FR 50970; Gregory M. Anderson (NY)
Richard D. Auger (CA) 31136(e) and 31315.
71 FR 53489; 73 FR 48270; 73 FR 51336;
75 FR 34210; 75 FR 47888; 75 FR 50799; Darrin E. Bogert (NY) V. Preemption
Jose D. Chavez (MD)
75 FR 52062; 77 FR 40945; 77 FR 52389;
Philip J. Clements (WI) During the period the exemption is in
79 FR 46300; 81 FR 81230):
Robert H. Nelson (VA) effect, no State shall enforce any law or
Jack D. Clodfelter (NC) Harold F. White (SC)
Tommy J. Cross, Jr. (TN) regulation that conflicts with this
Daniel K. Davis III (MA) The drivers were included in docket exemption with respect to a person
Joseph A. Dunlap (OH) number FMCSA–2016–0033. Their operating under the exemption.
James F. Gereau (WI) exemptions are applicable as of
VI. Conclusion
Esteban G. Gonzalez (TX) September 29, 2018, and will expire on
Reginald I. Hall (TX) September 29, 2020. Based upon its evaluation of the 88
George R. House (MO) As of September 30, 2018, and in exemption applications, FMCSA renews
Alfred C. Jewell, Jr. (WY) accordance with 49 U.S.C. 31136(e) and the exemptions of the aforementioned
Lewis V. McNeice (TX) 31315, the following seven individuals drivers from the vision requirement in
Kevin J. O’Donnell (IL) have satisfied the renewal conditions for 49 CFR 391.41(b)(10), subject to the
Gregory M. Preves (GA) obtaining an exemption from the vision requirements cited above. In accordance
Jeffrey D. Wilson (CO) requirement in the FMCSRs for with 49 U.S.C. 31136(e) and 31315, each
The drivers were included in docket interstate CMV drivers (79 FR 51643; 79 exemption will be valid for two years
daltland on DSKBBV9HB2PROD with NOTICES
numbers FMCSA–2000–7006; FMCSA– FR 64001; 81 FR 81230): unless revoked earlier by FMCSA.
2000–7165; FMCSA–2002–12294; Ronald A. Bolyard (WV) Issued on: August 9, 2018.
FMCSA–2010–0114. Their exemptions Kelly R. Knopf, Sr. (SC)
Larry W. Minor,
are applicable as of September 21, 2018, Frazier A. Luckerson (GA)
and will expire on September 21, 2020. Ross A. Miceli II (PA) Associate Administrator for Policy.
As of September 23, 2018, and in Donald L. Minney (OH) [FR Doc. 2018–17604 Filed 8–14–18; 8:45 am]
accordance with 49 U.S.C. 31136(e) and Philip L. Neff (PA) BILLING CODE 4910–EX–P
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Document Created: 2018-08-15 01:26:33
Document Modified: 2018-08-15 01:26:33
| 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 September 14, 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 40638 |
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