83 FR 4537 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 21 (January 31, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 21 (January 31, 2018)
| Page Range | 4537-4539 | |
| FR Document | 2018-01938 |
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)] [Notices] [Pages 4537-4539] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01938] [[Page 4537]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-2000-8398; FMCSA- 2001-9561; FMCSA-2003-14504; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA- 2005-20560; FMCSA-2005-21254; FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0121; FMCSA-2009-0154; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055] 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 86 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 March 2, 2018. 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. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-2000-8398; FMCSA-2001-9561; FMCSA-2003-14504; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2007-27333; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0121; FMCSA-2009-0154; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055 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. 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 86 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 86 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (63 FR 66226; 64 FR 16517; 64 FR 27027; 64 FR 51568; 65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 66 FR 41656; 66 FR 48504; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 44837; 68 FR 48989; 68 FR 54775; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 42615; 70 FR 46567; 70 FR 53412; 72 FR 12666; [[Page 4538]] 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 39879; 72 FR 40362; 72 FR 46261; 72 FR 52419; 72 FR 54972; 72 FR 62896; 74 FR 19270; 74 FR 20523; 74 FR 23472; 74 FR 26461; 74 FR 26464; 74 FR 34394; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 43221; 74 FR 43223; 74 FR 48343; 76 FR 25762; 76 FR 25766; 76 FR 32017; 76 FR 34135; 76 FR 34136; 76 FR 37168; 76 FR 37169; 76 FR 37885; 76 FR 40445; 76 FR 44652; 76 FR 50318; 76 FR 53708; 76 FR 53710; 76 FR 53710; 76 FR 54530; 76 FR 55463; 76 FR 55469; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 78477; 79 FR 4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR 44188; 80 FR 48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 80 FR 49302; 80 FR 50915; 80 FR 50917; 80 FR 53383; 80 FR 62161; 80 FR 62163). 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. As of September 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 35 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 68 FR 13360; 68 FR 44837; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 40362; 74 FR 19270; 74 FR 23472; 74 FR 26461; 74 FR 26464; 74 FR 34395; 74 FR 34630; 76 FR 25762; 76 FR 25766; 76 FR 32017; 76 FR 34135; 76 FR 37168; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 50318; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 79 FR 4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR 44188; 80 FR 48404; 80 FR 48409; 80 FR 50917; 80 FR 62161; 80 FR 62163): Robert D. Arkwright (MS) Roger Bell (IL) Phillip J. Boes (MN) Dale E. Bunke (ID) Daniel G. Cohen (VT) Jeffrey W. Cotner (OR) Jeffrey S. Daniel (VA) John J. Davis (SC) Roy H. Degner (IA) David S. Devine (ID) John C. Dimassa (WA) Mark J. Dufresne (NH) Donnie H. Eagle (WV) Dennis C. Edler (PA) Steven G. Garrett (CA) Eric M. Grayson (KY) William K. Gullett (KY) David A. Hayes (GA) John T. Johnson (NM) Jay D. Labrum (UT) Spencer E. Leonard (OH) Brian P. Millard (SC) Gonzalo Pena (FL) Richard E. Perry (CA) Timothy J. Slone (KY) Hoyt V. Smith (SC) Dennis W. Stubrich (PA) Lee T. Taylor (FL) Michael J. Thane (OH) Jon C. Thompson (TX) James L. Tinsley, Jr. (VA) George F. Treece (IL) Harlon C. VanBlaricom (MN) Jeff L. Wheeler (IA) Zachary J. Workman (ID) The drivers were included in the following docket numbers: FMCSA- 2000-8398; FMCSA-2001-9561; FMCSA-2005-20560; FMCSA-2007-27333; FMCSA- 2007-27515; FMCSA-2009-0121; FMCSA-2011-0092; FMCSA-2011-0140; FMCSA- 2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA- 2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA- 2015-0052; FMCSA-2015-0053; FMCSA-2015-0055. Their exemptions are applicable as of September 6, 2017, and will expire on September 6, 2019. As of September 7, 2017, 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 requirements (76 FR 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 50915): Charles E. Carter (MI) James A. Ellis (NY) Dale L. Giardine (PA) Peter M. Shirk (PA) The drivers were included in docket numbers: FMCSA-2011-0124; FMCSA-2011-0140. Their exemptions are applicable as of September 7, 2017, and will expire on September 7, 2019. As of September 13, 2017, 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 requirements (76 FR 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 50915): John A. Bridges (GA) Brian W. Curtis (IL) Tomie L. Estes (MO) Ray C. Johnson (AR) James J. Mitchell (NC) Andrew M. Nurnberg (GA) Joshua R. Perkins (ID) Craig R. Saari (MN) Jerry L. Schroder (IL) Larry D. Steiner (MN) The drivers were included in docket numbers: FMCSA-2011-0124; FMCSA-2011-0140. Their exemptions are applicable as of September 13, 2017, and will expire on September 13, 2019. As of September 16, 2017, 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 requirements (78 FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 80 FR 48411): Carl Block (NY) Christopher Brim (TN) John Camp (GA) Ralph Carr (PA) Phyllis Dodson (IN) Juan M. Guerrero (TX) Berl C. Jennings (VA) Udum Khamsoksavath (WA) Vincent Marsee, Sr. (NC) Jerome Paintner (ND) David Snellings (MD) The drivers were included in docket numbers: FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030. Their exemptions are applicable as of September 16, 2017, and will expire on September 16, 2019. As of September 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (78 FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 80 FR 48411): [[Page 4539]] Michael K. Adams (OH) Eleazar R. Balli (TX) Darrell W. Bayless (TX) Lloyd D. Burgess (OH) Clifford D. Carpenter (MO) Cecil A. Evey (ID) Kamal A. Gaddah (OH) Eric M. Kousgaard (NE) James F. McMahon, Jr. (NH) Samuel A. Miller (IN) Larry T. Rogers (IL) Marcial Soto-Rivas (OR) Boyd D. Stamey (NC) David C. Sybesma (ID) Matthew K. Tucker (MN) The drivers were included in docket numbers: FMCSA-2003-14504; FMCSA-2005-20560; FMCSA-2009-0154; FMCSA-2011-0124. Their exemptions are applicable as of September 22, 2017, and will expire on September 22, 2019. As of September 23, 2017, 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 requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 48989; 68 FR 54775; 70 FR 30999; 70 FR 42615; 70 FR 46567; 70 FR 53412; 72 FR 39879; 72 FR 52419; 72 FR 62896; 74 FR 43221; 76 FR 53708; 78 FR 78477; 80 FR 53383): Linda L. Billings (NV) Weldon R. Evans (OH) Orasio Garcia (TX) Leslie W. Good (OR) James P. Guth (PA) Gregory K. Lilly (WV) Kenneth A. Reddick (PA) Leonard Rice, Jr. (GA) James T. Sullivan (KY) The drivers were included in docket numbers: FMCSA-1999-5578; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-2007-27897. Their exemptions are applicable as of September 23, 2017, and will expire on September 23, 2019. As of September 27, 2017, 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 requirements (72 FR 46261; 72 FR 54972; 74 FR 43223; 76 FR 40445; 76 FR 53710; 76 FR 55469; 78 FR 78477): Joe M. Flores (NM) Kenneth D. Perkins (NC) The drivers were included in docket numbers: FMCSA-1999-5578; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-2007-27897. Their exemptions are applicable as of September 27, 2017, and will expire on September 27, 2019. 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 86 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: January 25, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-01938 Filed 1-30-18; 8:45 am] BILLING CODE 4910-EX-P
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DEPARTMENT OF TRANSPORTATION 2011–0092; FMCSA–2011–0124; equivalent to or greater than the level
FMCSA–2011–0140; FMCSA–2011– that would be achieved absent such
Federal Motor Carrier Safety 0141; FMCSA–2013–0027; FMCSA– exemption.’’ The statute also allows the
Administration 2013–0028; FMCSA–2013–0029; Agency to renew exemptions at the end
[Docket No. FMCSA–1998–4334; FMCSA– FMCSA–2013–0030; FMCSA–2014– of the five-year period. FMCSA grants
1999–5578; FMCSA–2000–8398; FMCSA– 0007; FMCSA–2014–0300; FMCSA– exemptions from the FMCSRs for a two-
2001–9561; FMCSA–2003–14504; FMCSA– 2014–0304; FMCSA–2015–0048; year period to align with the maximum
2003–14504; FMCSA–2003–15268; FMCSA– FMCSA–2015–0052; FMCSA–2015– duration of a driver’s medical
2005–20560; FMCSA–2005–21254; FMCSA– 0053; FMCSA–2015–0055 using any of certification.
2007–27333; FMCSA–2007–27515; FMCSA– the following methods: The physical qualification standard
2007–27897; FMCSA–2007–28695; FMCSA– • Federal eRulemaking Portal: Go to for drivers regarding vision found in 49
2008–0121; FMCSA–2009–0154; FMCSA– http://www.regulations.gov. Follow the CFR 391.41(b)(10) states that a person is
2011–0092; FMCSA–2011–0124; FMCSA– physically qualified to driver a CMV if
online instructions for submitting
2011–0140; FMCSA–2011–0141; FMCSA–
comments. that person has distant visual acuity of
2013–0027; FMCSA–2013–0028; FMCSA–
2013–0029; FMCSA–2013–0030; FMCSA– • Mail: Docket Management Facility; at least 20/40 (Snellen) in each eye
2014–0007; FMCSA–2014–0300; FMCSA– U.S. Department of Transportation, 1200 without corrective lenses or visual
2014–0304; FMCSA–2015–0048; FMCSA– New Jersey Avenue SE, West Building acuity separately corrected to 20/40
2015–0052; FMCSA–2015–0053; FMCSA– Ground Floor, Room W12–140, (Snellen) or better with corrective
2015–0055] Washington, DC 20590–0001. lenses, distant binocular acuity of a least
• Hand Delivery: West Building 20/40 (Snellen) in both eyes with or
Qualification of Drivers; Exemption Ground Floor, Room W12–140, 1200 without corrective lenses, field of vision
Applications; Vision New Jersey Avenue SE, Washington, of at least 70° in the horizontal meridian
AGENCY: Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., e.t., in each eye, and the ability to recognize
Administration (FMCSA), DOT. Monday through Friday, except Federal the colors of traffic signals and devices
Holidays. showing red, green, and amber.
ACTION: Notice of renewal of
• Fax: 1–202–493–2251. The 86 individuals listed in this
exemptions; request for comments. Instructions: Each submission must notice have requested renewal of their
SUMMARY: FMCSA announces its include the Agency name and the exemptions from the vision standard in
decision to renew exemptions for 86 docket number(s) for this notice. Note 49 CFR 391.41(b)(10), in accordance
individuals from the vision requirement that all comments received will be with FMCSA procedures. Accordingly,
in the Federal Motor Carrier Safety posted without change to http:// FMCSA has evaluated these
Regulations (FMCSRs) for interstate www.regulations.gov, including any applications for renewal on their merits
commercial motor vehicle (CMV) personal information provided. Please and decided to extend each exemption
drivers. The exemptions enable these see the Privacy Act heading below for for a renewable two-year period.
individuals to continue to operate CMVs further information.
Docket: For access to the docket to II. Request for Comments
in interstate commerce without meeting
the vision requirements in one eye. read background documents or Interested parties or organizations
comments, go to http:// possessing information that would
DATES: Each group of renewed
www.regulations.gov at any time or otherwise show that any, or all, of these
exemptions were applicable on the drivers are not currently achieving the
Room W12–140 on the ground level of
dates stated in the discussions below statutory level of safety should
the West Building, 1200 New Jersey
and will expire on the dates stated in immediately notify FMCSA. The
Avenue SE, Washington, DC, between 9
the discussions below. Comments must Agency will evaluate any adverse
a.m. and 5 p.m., e.t., Monday through
be received on or before March 2, 2018. evidence submitted and, if safety is
Friday, except Federal holidays. The
FOR FURTHER INFORMATION CONTACT: Ms. being compromised or if continuation of
FDMS is available 24 hours each day,
Christine A. Hydock, Chief, Medical e.t., 365 days each year. If you want the exemption would not be consistent
Programs Division, 202–366–4001, acknowledgment that we received your with the goals and objectives of 49
fmcsamedical@dot.gov, FMCSA, comments, please include a self- U.S.C. 31136(e) and 31315, FMCSA will
Department of Transportation, 1200 addressed, stamped envelope or take immediate steps to revoke the
New Jersey Avenue SE, Room W64–224, postcard or print the acknowledgement exemption of a driver.
Washington, DC 20590–0001. Office page that appears after submitting
hours are from 8:30 a.m. to 5 p.m., e.t., III. Basis for Renewing Exemptions
comments online.
Monday through Friday, except Federal Privacy Act: In accordance with 5 Under 49 U.S.C. 31315(b)(1), an
holidays. If you have questions U.S.C. 553(c), DOT solicits comments exemption may be granted for no longer
regarding viewing or submitting from the public to better inform its than two years from its approval date
material to the docket, contact Docket rulemaking process. DOT posts these and may be renewed upon application.
Services, telephone (202) 366–9826. comments, without edit, including any In accordance with 49 U.S.C. 31136(e)
ADDRESSES: You may submit comments personal information the commenter and 31315, each of the 86 applicants has
bearing the Federal Docket Management provides, to http://www.regulations.gov, satisfied the renewal conditions for
System (FDMS) Docket No. FMCSA– as described in the system of records obtaining an exemption from the vision
1998–4334; FMCSA–1999–5578; notice (DOT/ALL–14 FDMS), which can requirement (63 FR 66226; 64 FR 16517;
FMCSA–2000–8398; FMCSA–2001– 64 FR 27027; 64 FR 51568; 65 FR 78256;
sradovich on DSK3GMQ082PROD with NOTICES
be reviewed at http://www.dot.gov/
9561; FMCSA–2003–14504; FMCSA– privacy. 66 FR 16311; 66 FR 30502; 66 FR 41654;
2003–14504; FMCSA–2003–15268; 66 FR 41656; 66 FR 48504; 68 FR 13360;
FMCSA–2005–20560; FMCSA–2005– I. Background 68 FR 19598; 68 FR 33570; 68 FR 37197;
21254; FMCSA–2007–27333; FMCSA– Under 49 U.S.C. 31136(e) and 31315, 68 FR 44837; 68 FR 48989; 68 FR 54775;
2007–27515; FMCSA–2007–27897; FMCSA may grant an exemption for five 70 FR 17504; 70 FR 25878; 70 FR 30997;
FMCSA–2007–28695; FMCSA–2008– years if it finds ‘‘such exemption would 70 FR 30999; 70 FR 41811; 70 FR 42615;
0121; FMCSA–2009–0154; FMCSA– likely achieve a level of safety that is 70 FR 46567; 70 FR 53412; 72 FR 12666;
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Michael K. Adams (OH) IV. Conditions and Requirements DEPARTMENT OF TRANSPORTATION
Eleazar R. Balli (TX)
Darrell W. Bayless (TX) The exemptions are extended subject Federal Motor Carrier Safety
Lloyd D. Burgess (OH) to the following conditions: (1) Each Administration
Clifford D. Carpenter (MO) driver must undergo an annual physical
[FMCSA Docket No. FMCSA–2017–0252]
Cecil A. Evey (ID) examination (a) by an ophthalmologist
Kamal A. Gaddah (OH) or optometrist who attests that the Qualification of Drivers; Exemption
Eric M. Kousgaard (NE) vision in the better eye continues to Applications; Epilepsy and Seizure
James F. McMahon, Jr. (NH) meet the requirements in 49 CFR Disorders
Samuel A. Miller (IN) 391.41(b)(10), and (b) by a certified
Larry T. Rogers (IL) Medical Examiner, as defined by 49 CFR AGENCY: Federal Motor Carrier Safety
Marcial Soto-Rivas (OR) 390.5, who attests that the driver is Administration (FMCSA), DOT.
Boyd D. Stamey (NC) otherwise physically qualified under 49 ACTION: Notice of final disposition.
David C. Sybesma (ID) CFR 391.41; (2) each driver must
Matthew K. Tucker (MN) SUMMARY: FMCSA announces its
provide a copy of the ophthalmologist’s
decision to exempt two individuals
The drivers were included in docket or optometrist’s report to the Medical
from the requirement in the Federal
numbers: FMCSA–2003–14504; Examiner at the time of the annual Motor Carrier Safety Regulations
FMCSA–2005–20560; FMCSA–2009– medical examination; and (3) each (FMCSRs) that interstate commercial
0154; FMCSA–2011–0124. Their driver must provide a copy of the motor vehicle (CMV) drivers have ‘‘no
exemptions are applicable as of annual medical certification to the established medical history or clinical
September 22, 2017, and will expire on employer for retention in the driver’s diagnosis of epilepsy or any other
September 22, 2019. qualification file or keep a copy of his/ condition which is likely to cause loss
As of September 23, 2017, and in her driver’s qualification if he/her is of consciousness or any loss of ability to
accordance with 49 U.S.C. 31136(e) and self-employed. The driver must also control a CMV.’’ The exemptions enable
31315, the following nine individuals have a copy of the exemption when these individuals who have had one or
have satisfied the renewal conditions for driving, for presentation to a duly more seizures and are taking anti-
obtaining an exemption from the vision authorized Federal, State, or local seizure medication to operate CMVs in
requirements (64 FR 27027; 64 FR enforcement official. The exemption interstate commerce.
51568; 66 FR 48504; 68 FR 19598; 68 FR will be rescinded if: (1) The person fails DATES: The exemptions were applicable
33570; 68 FR 37197; 68 FR 48989; 68 FR to comply with the terms and on December 28, 2017. The exemptions
54775; 70 FR 30999; 70 FR 42615; 70 FR
conditions of the exemption; (2) the expire on December 28, 2019.
46567; 70 FR 53412; 72 FR 39879; 72 FR
exemption has resulted in a lower level FOR FURTHER INFORMATION CONTACT: Ms.
52419; 72 FR 62896; 74 FR 43221; 76 FR
53708; 78 FR 78477; 80 FR 53383): of safety than was maintained before it Christine A. Hydock, Chief, Medical
was granted; or (3) continuation of the Programs Division, (202) 366–4001,
Linda L. Billings (NV) exemption would not be consistent with fmcsamedical@dot.gov, FMCSA,
Weldon R. Evans (OH)
the goals and objectives of 49 U.S.C. Department of Transportation, 1200
Orasio Garcia (TX)
31136(e) and 31315. New Jersey Avenue SE, Room W64–224,
Leslie W. Good (OR)
Washington, DC 20590–0001. Office
James P. Guth (PA) V. Preemption hours are from 8:30 a.m. to 5 p.m., e.t.,
Gregory K. Lilly (WV)
During the period the exemption is in Monday through Friday, except Federal
Kenneth A. Reddick (PA)
effect, no State shall enforce any law or holidays. If you have questions
Leonard Rice, Jr. (GA)
regulation that conflicts with this regarding viewing or submitting
James T. Sullivan (KY)
exemption with respect to a person material to the docket, contact Docket
The drivers were included in docket Services, telephone (202) 366–9826.
numbers: FMCSA–1999–5578; FMCSA– operating under the exemption.
SUPPLEMENTARY INFORMATION:
2003–14504; FMCSA–2003–15268; VI. Conclusion
FMCSA–2005–21254; FMCSA–2007– I. Electronic Access
27897. Their exemptions are applicable Based upon its evaluation of the 86 You may see all the comments online
as of September 23, 2017, and will exemption applications, FMCSA renews through the Federal Document
expire on September 23, 2019. the exemptions of the aforementioned Management System (FDMS) at: http://
As of September 27, 2017, and in drivers from the vision requirement in www.regulations.gov.
accordance with 49 U.S.C. 31136(e) and 49 CFR 391.41(b)(10), subject to the Docket: For access to the docket to
31315, the following two individuals requirements cited above. In accordance read background documents or
have satisfied the renewal conditions for with 49 U.S.C. 31136(e) and 31315, each comments, go to http://
obtaining an exemption from the vision exemption will be valid for two years www.regulations.gov and/or Room
requirements (72 FR 46261; 72 FR unless revoked earlier by FMCSA. W12–140 on the ground level of the
54972; 74 FR 43223; 76 FR 40445; 76 FR West Building, 1200 New Jersey Avenue
53710; 76 FR 55469; 78 FR 78477): Issued on: January 25, 2018.
SE, Washington, DC, between 9 a.m. and
Joe M. Flores (NM) Larry W. Minor,
5 p.m., e.t., Monday through Friday,
Kenneth D. Perkins (NC) Associate Administrator for Policy. except Federal holidays.
sradovich on DSK3GMQ082PROD with NOTICES
The drivers were included in docket [FR Doc. 2018–01938 Filed 1–30–18; 8:45 am] Privacy Act: In accordance with 5
numbers: FMCSA–1999–5578; FMCSA– BILLING CODE 4910–EX–P U.S.C. 553(c), DOT solicits comments
2003–14504; FMCSA–2003–15268; from the public to better inform its
FMCSA–2005–21254; FMCSA–2007– rulemaking process. DOT posts these
27897. Their exemptions are applicable comments, without edit, including any
as of September 27, 2017, and will personal information the commenter
expire on September 27, 2019. provides, to http://www.regulations.gov,
VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/83_FR_4558/page/3.svg)
Document Created: 2018-01-31 00:58:43
Document Modified: 2018-01-31 00:58:43
| 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 March 2, 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 4537 |
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