83_FR_56361 83 FR 56143 - Qualification of Drivers; Exemption Applications; Vision

83 FR 56143 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range56143-56146
FR Document2018-24552

FMCSA announces its decision to renew exemptions for 67 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.

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56143-56146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24552]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-
2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-
2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-
2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-0160; FMCSA-
2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0169; FMCSA-
2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-0011; FMCSA-
2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-0025; FMCSA-
2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-0207; FMCSA-
2016-0208; FMCSA-2016-0210; FMCSA-2016-0212]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 67 
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 December 
10, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-2000-7165; 
FMCSA-2000-7363; FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; 
FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; 
FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; 
FMCSA-2012-0160; FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; 
FMCSA-2013-0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; 
FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; 
FMCSA-2016-0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; 
FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212 
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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

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., 
ET, 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. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-7363; 
FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-0231; 
FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-0114; 
FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-0160; 
FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0169; 
FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-0011; 
FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-0025; 
FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-0207; 
FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. FMCSA recommends that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so that FMCSA can contact you if 
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-
0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-
0160; FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-
0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-
0011; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-
0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-
0207; FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212, in the keyword 
box, and click ``Search.'' When the new screen appears, click on the 
``Comment Now!'' button and type your comment into the text box on the 
following screen. Choose whether you are submitting your comment as an 
individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.

[[Page 56144]]

    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-
0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-
0160; FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-
0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-
0011; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-
0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-
0207; FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212, in the keyword 
box, and click ``Search.'' Next, click the ``Open Docket Folder'' 
button and choose the document to review. If you do not have access to 
the internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years if it finds that 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 drive 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 67 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.

III. 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.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than five years from its approval date and may be renewed upon 
application. FMCSA grants exemptions from the vision standard for a 
two-year period to align with the maximum duration of a driver's 
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315, 
each of the 67 applicants has satisfied the renewal conditions for 
obtaining an exemption from the vision standard (see 63 FR 66227; 64 FR 
16520; 65 FR 33406; 65 FR 45817; 65 FR 57234; 65 FR 77066; 67 FR 46016; 
67 FR 57266; 67 FR 57627; 67 FR 71610; 69 FR 51346; 69 FR 52741; 69 FR 
53493; 69 FR 62742; 69 FR 64810; 71 FR 50970; 71 FR 53489; 71 FR 62148; 
71 FR 66217; 73 FR 38497; 73 FR 46973; 73 FR 48273; 73 FR 51336; 73 FR 
51689; 73 FR 54888; 73 FR 61922; 73 FR 61925; 73 FR 63047; 73 FR 74565; 
73 FR 75807; 75 FR 25918; 75 FR 34209; 75 FR 39725; 75 FR 39729; 75 FR 
44051; 75 FR 47883; 75 FR 47886; 75 FR 52062; 75 FR 52063; 75 FR 61833; 
75 FR 63257; 75 FR 64396; 75 FR 77949; 76 FR 67248; 76 FR 79761; 77 FR 
36338; 77 FR 38381; 77 FR 46153; 77 FR 46793; 77 FR 51846; 77 FR 52388; 
77 FR 52389; 77 FR 56262; 77 FR 59245; 77 FR 60008; 77 FR 60010; 77 FR 
64582; 77 FR 64839; 77 FR 68202; 77 FR 71671; 77 FR 75494; 78 FR 64274; 
78 FR 76705; 78 FR 77778; 79 FR 1908; 79 FR 14333; 79 FR 14571; 79 FR 
28588; 79 FR 35220; 79 FR 38659; 79 FR 41740; 79 FR 46153; 79 FR 46300; 
79 FR 52388; 79 FR 53514; 79 FR 56099; 79 FR 56104; 79 FR 58856; 79 FR 
65759; 79 FR 65760; 79 FR 69985; 79 FR 70928; 79 FR 72754; 79 FR 73393; 
80 FR 8927; 80 FR 76345; 81 FR 21647; 81 FR 26305; 81 FR 52514; 81 FR 
59266; 81 FR 66724; 81 FR 68098; 81 FR 70248; 81 FR 70253; 81 FR 71173; 
81 FR 72664; 81 FR 74494; 81 FR 80161; 81 FR 81230; 81 FR 86063; 81 FR 
90046; 81 FR 90050; 81 FR 94013; 81 FR 96180; 81 FR 96191; 82 FR 
12683). 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 December 
and are discussed below. As of December 3, 2018, and in accordance with 
49 U.S.C. 31136(e) and 31315, the following 38 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
vision requirement in the FMCSRs for interstate CMV drivers (63 FR 
66227; 64 FR 16520; 65 FR 33406; 65 FR 57234; 67 FR 46016; 67 FR 57266; 
67 FR 57627; 69 FR 51346; 69 FR 52741; 71 FR 50970; 71 FR 53489; 73 FR 
38497; 73 FR 46973; 73 FR 48273; 73 FR 51336; 73 FR 51689; 73 FR 54888; 
73 FR 63047; 73 FR 75807; 75 FR 25918; 75 FR 34209; 75 FR 39725; 75 FR 
39729; 75 FR 44051; 75 FR 47883; 75 FR 47886; 75 FR 52062; 75 FR 52063; 
75 FR 61833; 75 FR 63257; 75 FR 64396; 76 FR 67248; 76 FR 79761; 77 FR 
36338; 77 FR 38381; 77 FR 46153; 77 FR 46793; 77 FR 51846; 77 FR 52388; 
77 FR 52389; 77 FR 56262; 77 FR 59245; 77 FR 60008; 77 FR 60010; 77 FR 
64582;

[[Page 56145]]

77 FR 71671; 78 FR 64274; 78 FR 76705; 78 FR 77778; 79 FR 1908; 79 FR 
14333; 79 FR 14571; 79 FR 28588; 79 FR 35220; 79 FR 38659; 79 FR 41740; 
79 FR 46153; 79 FR 46300; 79 FR 52388; 79 FR 53514; 79 FR 56099; 79 FR 
56104; 79 FR 58856; 79 FR 65760; 79 FR 70928; 79 FR 72754; 80 FR 76345; 
81 FR 21647; 81 FR 26305; 81 FR 52514; 81 FR 59266; 81 FR 66724; 81 FR 
68098; 81 FR 70248; 81 FR 70253; 81 FR 71173; 81 FR 72664; 81 FR 74494; 
81 FR 80161; 81 FR 81230; 81 FR 90046; 81 FR 90050; 81 FR 94013; 81 FR 
96180; 81 FR 96191):

Gary R. Andersen (NE)
Theodore N. Belcher (VA)
Daniel S. Billig (MN)
Thomas A. Black (MO)
Robert S. Bowen (GA)
Brian E. Broux (CA)
John M. Brown (KY)
Tracy L. Butcher (VA)
Jonathan E. Carriaga (NM)
Irvin L. Eaddy (SC)
Terry J. Edwards (MO)
Stephen R. Ehlenburg (IL)
Frank J. Faria (CA)
Christopher K. Foot (NV)
Claudia E. Gerez-Betancourt (TX)
Billy R. Gibbs (MD)
Samuel R. Graziano (PA)
Tyrane Harper (AL)
Christopher M. Keen (KS)
Theodore Kirby (MD)
Johnny Montemayor (TX)
Derrick P. Moore (MN)
Richard L. Moores (CO)
Aaron F. Naylor (PA)
Billy R. Oguynn (AL)
Ronald W. Patten (ME)
Benny D. Patterson (OH)
Alexander L. Resh (PA)
David T. Rueckert (WA)
Benito Saldana (TX)
Daniel Salinas (OR)
Kenneth D. Sisk (NC)
Sherman L. Taylor (FL)
Richard T. Traigle (LA)
Melvin V. Van Meter (PA)
Emejildo M. Vargas (NH)
Christopher M. Vincent (NC)
Wilbert Walden (NC)

    The drivers were included in docket numbers FMCSA-1998-4334; FMCSA-
2000-7165; FMCSA-2002-12294; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-
2008-0266; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-
2010-0187; FMCSA-2011-0276; FMCSA-2012-0160; FMCSA-2012-0214; FMCSA-
2012-0279; FMCSA-2013-0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-
2014-0007; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2015-0344; FMCSA-
2016-0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-
2016-0207; FMCSA-2016-0208; FMCSA-2016-0210. Their exemptions are 
applicable as of December 3, 2018, and will expire on December 3, 2020.
    As of December 8, 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 (65 FR 45817; 65 FR 77066; 67 FR 
71610; 69 FR 53493; 69 FR 62742; 69 FR 64810; 71 FR 62148; 71 FR 66217; 
73 FR 61922; 73 FR 61925; 73 FR 74565; 75 FR 77949; 77 FR 68202; 79 FR 
65759; 81 FR 96180):

Ronald W. Garner (WA)
Wayne R. Mantela (KY)
Carl M. McIntire (OH)
Bernice R. Parnell (NC)
Patrick W. Shea (MA)
Roy F. Varnado, Jr. (LA)
Michael J. Welle (MN)

    The drivers were included in docket numbers FMCSA-2000-7363; FMCSA-
2004-18885; FMCSA-2008-0292. Their exemptions are applicable as of 
December 8, 2018, and will expire on December 8, 2020.
    As of December 20, 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 (77 FR 64839; 77 FR 75494; 79 FR 
73393; 81 FR 96180):

Ronald J. Bergman (OH)
Noah E. Bowen (OH)
Lawrence D. Malecha (MN)
Jerry M. Puckett (OH)
Emin Toric (GA)

    The drivers were included in docket number FMCSA-2012-0280. Their 
exemptions are applicable as of December 20, 2018, and will expire on 
December 20, 2020.
    As of December 25, 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 69985; 80 FR 8927; 81 FR 
96180):

Thurman T. Clayton (LA)
Tig G. Cornell (ID)
Jon R. Davidson (CO)
Edwin T. Donaldson (PA)
Keith C. Lendt (MN)
Joseph McTear (TX)
Daniel R. Thompson (PA)

    The drivers were included in docket number FMCSA-2014-0298. Their 
exemptions are applicable as of December 25, 2018, and will expire on 
December 25, 2020.
    As of December 30, 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 86063; 82 FR 96180):

Brian T. Castoldi (CT)
Willie George (NY)
David E. Goff (MA)
Michal Golebiowski (IL)
Loyd F. Hovey (NY)
George T. Huffman (IL)
Julio Rivera (FL)
Willie J. Smith (TX)
John D. Stork (IL)
James R. Wagner (IL)

    The drivers were included in docket number FMCSA-2016-0212. Their 
exemptions are applicable as of December 30, 2018, and will expire on 
December 30, 2020.

V. 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.

VI. 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.

[[Page 56146]]

VI. Conclusion

    Based upon its evaluation of the 67 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: November 1, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24552 Filed 11-8-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                         56143

                                               convictions for moving violations in a                  Management System (FDMS) Docket No.                   0266; FMCSA–2008–0292; FMCSA–
                                               CMV.                                                    FMCSA–1998–4334; FMCSA–2000–                          2010–0082; FMCSA–2010–0114;
                                                                                                       7165; FMCSA–2000–7363; FMCSA–                         FMCSA–2010–0161; FMCSA–2010–
                                               IV. Request for Comments
                                                                                                       2002–12294; FMCSA–2004–18885;                         0187; FMCSA–2011–0276; FMCSA–
                                                 In accordance with 49 U.S.C. 31136(e)                 FMCSA–2008–0174; FMCSA–2008–                          2012–0160; FMCSA–2012–0214;
                                               and 31315, FMCSA requests public                        0231; FMCSA–2008–0266; FMCSA–                         FMCSA–2012–0279; FMCSA–2012–
                                               comment from all interested persons on                  2008–0292; FMCSA–2010–0082;                           0280; FMCSA–2013–0169; FMCSA–
                                               the exemption petitions described in                    FMCSA–2010–0114; FMCSA–2010–                          2013–0174; FMCSA–2014–0003;
                                               this notice. We will consider all                       0161; FMCSA–2010–0187; FMCSA–                         FMCSA–2014–0007; FMCSA–2014–
                                               comments and material received before                   2011–0276; FMCSA–2012–0160;                           0011; FMCSA–2014–0296; FMCSA–
                                               the close of business on the closing date               FMCSA–2012–0214; FMCSA–2012–                          2014–0298; FMCSA–2015–0344;
                                               indicated in the dates section of the                   0279; FMCSA–2012–0280; FMCSA–                         FMCSA–2016–0025; FMCSA–2016–
                                               notice.                                                 2013–0169; FMCSA–2013–0174;                           0027; FMCSA–2016–0031; FMCSA–
                                                 Issued on: November 1, 2018.                          FMCSA–2014–0003; FMCSA–2014–                          2016–0033; FMCSA–2016–0207;
                                               Larry W. Minor,                                         0007; FMCSA–2014–0011; FMCSA–                         FMCSA–2016–0208; FMCSA–2016–
                                                                                                       2014–0296; FMCSA–2014–0298;                           0210; FMCSA–2016–0212), indicate the
                                               Associate Administrator for Policy.
                                                                                                       FMCSA–2015–0344; FMCSA–2016–                          specific section of this document to
                                               [FR Doc. 2018–24556 Filed 11–8–18; 8:45 am]
                                                                                                       0025; FMCSA–2016–0027; FMCSA–                         which each comment applies, and
                                               BILLING CODE 4910–EX–P
                                                                                                       2016–0031; FMCSA–2016–0033;                           provide a reason for each suggestion or
                                                                                                       FMCSA–2016–0207; FMCSA–2016–                          recommendation. You may submit your
                                                                                                       0208; FMCSA–2016–0210; FMCSA–                         comments and material online or by fax,
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       2016–0212 using any of the following                  mail, or hand delivery, but please use
                                               Federal Motor Carrier Safety                            methods:                                              only one of these means. FMCSA
                                               Administration                                             • Federal eRulemaking Portal: Go to                recommends that you include your
                                                                                                       http://www.regulations.gov. Follow the                name and a mailing address, an email
                                               [Docket No. FMCSA–1998–4334; FMCSA–                     online instructions for submitting                    address, or a phone number in the body
                                               2000–7165; FMCSA–2000–7363; FMCSA–                                                                            of your document so that FMCSA can
                                                                                                       comments.
                                               2002–12294; FMCSA–2004–18885; FMCSA–
                                               2008–0174; FMCSA–2008–0231; FMCSA–
                                                                                                          • Mail: Docket Management Facility;                contact you if there are questions
                                                                                                       U.S. Department of Transportation, 1200               regarding your submission.
                                               2008–0266; FMCSA–2008–0292; FMCSA–
                                               2010–0082; FMCSA–2010–0114; FMCSA–                      New Jersey Avenue SE, West Building                      To submit your comment online, go to
                                               2010–0161; FMCSA–2010–0187; FMCSA–                      Ground Floor, Room W12–140,                           http://www.regulations.gov, put the
                                               2011–0276; FMCSA–2012–0160; FMCSA–                      Washington, DC 20590–0001.                            docket number, FMCSA–1998–4334;
                                               2012–0214; FMCSA–2012–0279; FMCSA–                         • Hand Delivery: West Building                     FMCSA–2000–7165; FMCSA–2000–
                                               2012–0280; FMCSA–2013–0169; FMCSA–                      Ground Floor, Room W12–140, 1200                      7363; FMCSA–2002–12294; FMCSA–
                                               2013–0174; FMCSA–2014–0003; FMCSA–                      New Jersey Avenue SE, Washington,                     2004–18885; FMCSA–2008–0174;
                                               2014–0007; FMCSA–2014–0011; FMCSA–                      DC, between 9 a.m. and 5 p.m., ET,                    FMCSA–2008–0231; FMCSA–2008–
                                               2014–0296; FMCSA–2014–0298; FMCSA–                      Monday through Friday, except Federal                 0266; FMCSA–2008–0292; FMCSA–
                                               2015–0344; FMCSA–2016–0025; FMCSA–                                                                            2010–0082; FMCSA–2010–0114;
                                               2016–0027; FMCSA–2016–0031; FMCSA–
                                                                                                       Holidays.
                                               2016–0033; FMCSA–2016–0207; FMCSA–                         • Fax: 1–202–493–2251.                             FMCSA–2010–0161; FMCSA–2010–
                                               2016–0208; FMCSA–2016–0210; FMCSA–                         To avoid duplication, please use only              0187; FMCSA–2011–0276; FMCSA–
                                               2016–0212]                                              one of these four methods. See the                    2012–0160; FMCSA–2012–0214;
                                                                                                       ‘‘Public Participation’’ portion of the               FMCSA–2012–0279; FMCSA–2012–
                                               Qualification of Drivers; Exemption                     SUPPLEMENTARY INFORMATION section for                 0280; FMCSA–2013–0169; FMCSA–
                                               Applications; Vision                                    instructions on submitting comments.                  2013–0174; FMCSA–2014–0003;
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.                  FMCSA–2014–0007; FMCSA–2014–
                                               AGENCY: Federal Motor Carrier Safety                                                                          0011; FMCSA–2014–0296; FMCSA–
                                                                                                       Christine A. Hydock, Chief, Medical
                                               Administration (FMCSA), DOT.                                                                                  2014–0298; FMCSA–2015–0344;
                                                                                                       Programs Division, 202–366–4001,
                                               ACTION: Notice of renewal of                                                                                  FMCSA–2016–0025; FMCSA–2016–
                                                                                                       fmcsamedical@dot.gov, FMCSA,
                                               exemptions; request for comments.                       Department of Transportation, 1200                    0027; FMCSA–2016–0031; FMCSA–
                                                                                                       New Jersey Avenue SE, Room W64–224,                   2016–0033; FMCSA–2016–0207;
                                               SUMMARY:   FMCSA announces its
                                                                                                       Washington, DC 20590–0001. Office                     FMCSA–2016–0208; FMCSA–2016–
                                               decision to renew exemptions for 67
                                                                                                       hours are from 8:30 a.m. to 5 p.m., ET,               0210; FMCSA–2016–0212, in the
                                               individuals from the vision requirement                                                                       keyword box, and click ‘‘Search.’’ When
                                               in the Federal Motor Carrier Safety                     Monday through Friday, except Federal
                                                                                                       holidays. If you have questions                       the new screen appears, click on the
                                               Regulations (FMCSRs) for interstate                                                                           ‘‘Comment Now!’’ button and type your
                                               commercial motor vehicle (CMV)                          regarding viewing or submitting
                                                                                                       material to the docket, contact Docket                comment into the text box on the
                                               drivers. The exemptions enable these                                                                          following screen. Choose whether you
                                               individuals to continue to operate CMVs                 Services, telephone (202) 366–9826.
                                                                                                                                                             are submitting your comment as an
                                               in interstate commerce without meeting                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                             individual or on behalf of a third party
                                               the vision requirements in one eye.                     I. Public Participation                               and then submit.
                                               DATES: Each group of renewed                                                                                     If you submit your comments by mail
                                               exemptions were applicable on the                       A. Submitting Comments                                or hand delivery, submit them in an
khammond on DSK30JT082PROD with NOTICES




                                               dates stated in the discussions below                     If you submit a comment, please                     unbound format, no larger than 81⁄2 by
                                               and will expire on the dates stated in                  include the docket number for this                    11 inches, suitable for copying and
                                               the discussions below. Comments must                    notice (Docket No. FMCSA–1998–4334;                   electronic filing. If you submit
                                               be received on or before December 10,                   FMCSA–2000–7165; FMCSA–2000–                          comments by mail and would like to
                                               2018.                                                   7363; FMCSA–2002–12294; FMCSA–                        know that they reached the facility,
                                               ADDRESSES: You may submit comments                      2004–18885; FMCSA–2008–0174;                          please enclose a stamped, self-addressed
                                               identified by the Federal Docket                        FMCSA–2008–0231; FMCSA–2008–                          postcard or envelope.


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                                               56144                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                                 FMCSA will consider all comments                         The physical qualification standard                75 FR 64396; 75 FR 77949; 76 FR 67248;
                                               and material received during the                        for drivers regarding vision found in 49              76 FR 79761; 77 FR 36338; 77 FR 38381;
                                               comment period.                                         CFR 391.41(b)(10) states that a person is             77 FR 46153; 77 FR 46793; 77 FR 51846;
                                                                                                       physically qualified to drive a CMV if                77 FR 52388; 77 FR 52389; 77 FR 56262;
                                               B. Viewing Documents and Comments
                                                                                                       that person has distant visual acuity of              77 FR 59245; 77 FR 60008; 77 FR 60010;
                                                  To view comments, as well as any                     at least 20/40 (Snellen) in each eye                  77 FR 64582; 77 FR 64839; 77 FR 68202;
                                               documents mentioned in this notice as                   without corrective lenses or visual                   77 FR 71671; 77 FR 75494; 78 FR 64274;
                                               being available in the docket, go to                    acuity separately corrected to 20/40                  78 FR 76705; 78 FR 77778; 79 FR 1908;
                                               http://www.regulations.gov. Insert the                  (Snellen) or better with corrective                   79 FR 14333; 79 FR 14571; 79 FR 28588;
                                               docket number, FMCSA–1998–4334;                         lenses, distant binocular acuity of a least           79 FR 35220; 79 FR 38659; 79 FR 41740;
                                               FMCSA–2000–7165; FMCSA–2000–                            20/40 (Snellen) in both eyes with or                  79 FR 46153; 79 FR 46300; 79 FR 52388;
                                               7363; FMCSA–2002–12294; FMCSA–                          without corrective lenses, field of vision            79 FR 53514; 79 FR 56099; 79 FR 56104;
                                               2004–18885; FMCSA–2008–0174;                            of at least 70° in the horizontal meridian            79 FR 58856; 79 FR 65759; 79 FR 65760;
                                               FMCSA–2008–0231; FMCSA–2008–                            in each eye, and the ability to recognize             79 FR 69985; 79 FR 70928; 79 FR 72754;
                                               0266; FMCSA–2008–0292; FMCSA–                           the colors of traffic signals and devices             79 FR 73393; 80 FR 8927; 80 FR 76345;
                                               2010–0082; FMCSA–2010–0114;                             showing red, green, and amber.                        81 FR 21647; 81 FR 26305; 81 FR 52514;
                                               FMCSA–2010–0161; FMCSA–2010–                               The 67 individuals listed in this                  81 FR 59266; 81 FR 66724; 81 FR 68098;
                                               0187; FMCSA–2011–0276; FMCSA–                           notice have requested renewal of their                81 FR 70248; 81 FR 70253; 81 FR 71173;
                                               2012–0160; FMCSA–2012–0214;                             exemptions from the vision standard in                81 FR 72664; 81 FR 74494; 81 FR 80161;
                                               FMCSA–2012–0279; FMCSA–2012–                            49 CFR 391.41(b)(10), in accordance                   81 FR 81230; 81 FR 86063; 81 FR 90046;
                                               0280; FMCSA–2013–0169; FMCSA–                           with FMCSA procedures. Accordingly,                   81 FR 90050; 81 FR 94013; 81 FR 96180;
                                               2013–0174; FMCSA–2014–0003;                             FMCSA has evaluated these                             81 FR 96191; 82 FR 12683). They have
                                               FMCSA–2014–0007; FMCSA–2014–                            applications for renewal on their merits              submitted evidence showing that the
                                               0011; FMCSA–2014–0296; FMCSA–                           and decided to extend each exemption                  vision in the better eye continues to
                                               2014–0298; FMCSA–2015–0344;                             for a renewable two-year period.                      meet the requirement specified at 49
                                               FMCSA–2016–0025; FMCSA–2016–                                                                                  CFR 391.41(b)(10) and that the vision
                                               0027; FMCSA–2016–0031; FMCSA–                           III. Request for Comments
                                                                                                                                                             impairment is stable. In addition, a
                                               2016–0033; FMCSA–2016–0207;                                Interested parties or organizations
                                                                                                                                                             review of each record of safety while
                                               FMCSA–2016–0208; FMCSA–2016–                            possessing information that would
                                                                                                                                                             driving with the respective vision
                                               0210; FMCSA–2016–0212, in the                           otherwise show that any, or all, of these
                                                                                                                                                             deficiencies over the past two years
                                               keyword box, and click ‘‘Search.’’ Next,                drivers are not currently achieving the
                                                                                                                                                             indicates each applicant continues to
                                               click the ‘‘Open Docket Folder’’ button                 statutory level of safety should
                                                                                                       immediately notify FMCSA. The                         meet the vision exemption
                                               and choose the document to review. If                                                                         requirements. These factors provide an
                                               you do not have access to the internet,                 Agency will evaluate any adverse
                                                                                                       evidence submitted and, if safety is                  adequate basis for predicting each
                                               you may view the docket online by                                                                             driver’s ability to continue to drive
                                               visiting the Docket Management Facility                 being compromised or if continuation of
                                                                                                       the exemption would not be consistent                 safely in interstate commerce.
                                               in Room W12–140 on the ground floor                                                                           Therefore, FMCSA concludes that
                                               of the DOT West Building, 1200 New                      with the goals and objectives of 49
                                                                                                       U.S.C. 31136(e) and 31315, FMCSA will                 extending the exemption for each
                                               Jersey Avenue SE, Washington, DC                                                                              renewal applicant for a period of two
                                               20590, between 9 a.m. and 5 p.m., ET,                   take immediate steps to revoke the
                                                                                                       exemption of a driver.                                years is likely to achieve a level of safety
                                               Monday through Friday, except Federal                                                                         equal to that existing without the
                                               holidays.                                               IV. Basis for Renewing Exemptions                     exemption.
                                               C. Privacy Act                                             Under 49 U.S.C. 31315(b)(1), an                       In accordance with 49 U.S.C. 31136(e)
                                                 In accordance with 5 U.S.C. 553(c),                   exemption may be granted for no longer                and 31315, the following groups of
                                               DOT solicits comments from the public                   than five years from its approval date                drivers received renewed exemptions in
                                               to better inform its rulemaking process.                and may be renewed upon application.                  the month of December and are
                                               DOT posts these comments, without                       FMCSA grants exemptions from the                      discussed below. As of December 3,
                                               edit, including any personal information                vision standard for a two-year period to              2018, and in accordance with 49 U.S.C.
                                               the commenter provides, to                              align with the maximum duration of a                  31136(e) and 31315, the following 38
                                               www.regulations.gov, as described in                    driver’s medical certification. In                    individuals have satisfied the renewal
                                               the system of records notice (DOT/ALL–                  accordance with 49 U.S.C. 31136(e) and                conditions for obtaining an exemption
                                               14 FDMS), which can be reviewed at                      31315, each of the 67 applicants has                  from the vision requirement in the
                                               www.dot.gov/privacy.                                    satisfied the renewal conditions for                  FMCSRs for interstate CMV drivers (63
                                                                                                       obtaining an exemption from the vision                FR 66227; 64 FR 16520; 65 FR 33406;
                                               II. Background                                          standard (see 63 FR 66227; 64 FR 16520;               65 FR 57234; 67 FR 46016; 67 FR 57266;
                                                  Under 49 U.S.C. 31136(e) and 31315,                  65 FR 33406; 65 FR 45817; 65 FR 57234;                67 FR 57627; 69 FR 51346; 69 FR 52741;
                                               FMCSA may grant an exemption for five                   65 FR 77066; 67 FR 46016; 67 FR 57266;                71 FR 50970; 71 FR 53489; 73 FR 38497;
                                               years if it finds that such exemption                   67 FR 57627; 67 FR 71610; 69 FR 51346;                73 FR 46973; 73 FR 48273; 73 FR 51336;
                                               would likely achieve a level of safety                  69 FR 52741; 69 FR 53493; 69 FR 62742;                73 FR 51689; 73 FR 54888; 73 FR 63047;
                                               that is equivalent to, or greater than, the             69 FR 64810; 71 FR 50970; 71 FR 53489;                73 FR 75807; 75 FR 25918; 75 FR 34209;
                                               level that would be achieved absent                     71 FR 62148; 71 FR 66217; 73 FR 38497;                75 FR 39725; 75 FR 39729; 75 FR 44051;
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                                               such exemption. The statute also allows                 73 FR 46973; 73 FR 48273; 73 FR 51336;                75 FR 47883; 75 FR 47886; 75 FR 52062;
                                               the Agency to renew exemptions at the                   73 FR 51689; 73 FR 54888; 73 FR 61922;                75 FR 52063; 75 FR 61833; 75 FR 63257;
                                               end of the five-year period. FMCSA                      73 FR 61925; 73 FR 63047; 73 FR 74565;                75 FR 64396; 76 FR 67248; 76 FR 79761;
                                               grants exemptions from the FMCSRs for                   73 FR 75807; 75 FR 25918; 75 FR 34209;                77 FR 36338; 77 FR 38381; 77 FR 46153;
                                               a two-year period to align with the                     75 FR 39725; 75 FR 39729; 75 FR 44051;                77 FR 46793; 77 FR 51846; 77 FR 52388;
                                               maximum duration of a driver’s medical                  75 FR 47883; 75 FR 47886; 75 FR 52062;                77 FR 52389; 77 FR 56262; 77 FR 59245;
                                               certification.                                          75 FR 52063; 75 FR 61833; 75 FR 63257;                77 FR 60008; 77 FR 60010; 77 FR 64582;


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                                                                            Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                           56145

                                               77 FR 71671; 78 FR 64274; 78 FR 76705;                  0033; FMCSA–2016–0207; FMCSA–                           As of December 30, 2018, and in
                                               78 FR 77778; 79 FR 1908; 79 FR 14333;                   2016–0208; FMCSA–2016–0210. Their                     accordance with 49 U.S.C. 31136(e) and
                                               79 FR 14571; 79 FR 28588; 79 FR 35220;                  exemptions are applicable as of                       31315, the following ten individuals
                                               79 FR 38659; 79 FR 41740; 79 FR 46153;                  December 3, 2018, and will expire on                  have satisfied the renewal conditions for
                                               79 FR 46300; 79 FR 52388; 79 FR 53514;                  December 3, 2020.                                     obtaining an exemption from the vision
                                               79 FR 56099; 79 FR 56104; 79 FR 58856;                    As of December 8, 2018, and in                      requirement in the FMCSRs for
                                               79 FR 65760; 79 FR 70928; 79 FR 72754;                  accordance with 49 U.S.C. 31136(e) and                interstate CMV drivers (81 FR 86063; 82
                                               80 FR 76345; 81 FR 21647; 81 FR 26305;                  31315, the following seven individuals                FR 96180):
                                               81 FR 52514; 81 FR 59266; 81 FR 66724;                  have satisfied the renewal conditions for             Brian T. Castoldi (CT)
                                               81 FR 68098; 81 FR 70248; 81 FR 70253;                  obtaining an exemption from the vision                Willie George (NY)
                                               81 FR 71173; 81 FR 72664; 81 FR 74494;                  requirement in the FMCSRs for
                                                                                                                                                             David E. Goff (MA)
                                               81 FR 80161; 81 FR 81230; 81 FR 90046;                  interstate CMV drivers (65 FR 45817; 65
                                                                                                       FR 77066; 67 FR 71610; 69 FR 53493;                   Michal Golebiowski (IL)
                                               81 FR 90050; 81 FR 94013; 81 FR 96180;
                                               81 FR 96191):                                           69 FR 62742; 69 FR 64810; 71 FR 62148;                Loyd F. Hovey (NY)
                                                                                                       71 FR 66217; 73 FR 61922; 73 FR 61925;                George T. Huffman (IL)
                                               Gary R. Andersen (NE)
                                               Theodore N. Belcher (VA)                                73 FR 74565; 75 FR 77949; 77 FR 68202;                Julio Rivera (FL)
                                               Daniel S. Billig (MN)                                   79 FR 65759; 81 FR 96180):                            Willie J. Smith (TX)
                                               Thomas A. Black (MO)                                    Ronald W. Garner (WA)                                 John D. Stork (IL)
                                               Robert S. Bowen (GA)                                    Wayne R. Mantela (KY)                                 James R. Wagner (IL)
                                               Brian E. Broux (CA)                                     Carl M. McIntire (OH)                                   The drivers were included in docket
                                               John M. Brown (KY)                                      Bernice R. Parnell (NC)                               number FMCSA–2016–0212. Their
                                               Tracy L. Butcher (VA)                                   Patrick W. Shea (MA)                                  exemptions are applicable as of
                                               Jonathan E. Carriaga (NM)                               Roy F. Varnado, Jr. (LA)                              December 30, 2018, and will expire on
                                               Irvin L. Eaddy (SC)                                     Michael J. Welle (MN)                                 December 30, 2020.
                                               Terry J. Edwards (MO)                                     The drivers were included in docket
                                               Stephen R. Ehlenburg (IL)                               numbers FMCSA–2000–7363; FMCSA–                       V. Conditions and Requirements
                                               Frank J. Faria (CA)                                     2004–18885; FMCSA–2008–0292. Their                      The exemptions are extended subject
                                               Christopher K. Foot (NV)                                exemptions are applicable as of                       to the following conditions: (1) Each
                                               Claudia E. Gerez-Betancourt (TX)                        December 8, 2018, and will expire on                  driver must undergo an annual physical
                                               Billy R. Gibbs (MD)                                     December 8, 2020.                                     examination (a) by an ophthalmologist
                                               Samuel R. Graziano (PA)                                   As of December 20, 2018, and in                     or optometrist who attests that the
                                               Tyrane Harper (AL)                                      accordance with 49 U.S.C. 31136(e) and                vision in the better eye continues to
                                               Christopher M. Keen (KS)                                31315, the following five individuals                 meet the requirements in 49 CFR
                                               Theodore Kirby (MD)                                     have satisfied the renewal conditions for             391.41(b)(10), and (b) by a certified
                                               Johnny Montemayor (TX)                                  obtaining an exemption from the vision                Medical Examiner, as defined by 49 CFR
                                               Derrick P. Moore (MN)                                   requirement in the FMCSRs for                         390.5, who attests that the driver is
                                               Richard L. Moores (CO)                                  interstate CMV drivers (77 FR 64839; 77               otherwise physically qualified under 49
                                               Aaron F. Naylor (PA)                                    FR 75494; 79 FR 73393; 81 FR 96180):                  CFR 391.41; (2) each driver must
                                               Billy R. Oguynn (AL)                                    Ronald J. Bergman (OH)                                provide a copy of the ophthalmologist’s
                                               Ronald W. Patten (ME)                                   Noah E. Bowen (OH)                                    or optometrist’s report to the Medical
                                               Benny D. Patterson (OH)                                 Lawrence D. Malecha (MN)                              Examiner at the time of the annual
                                               Alexander L. Resh (PA)                                  Jerry M. Puckett (OH)                                 medical examination; and (3) each
                                               David T. Rueckert (WA)                                  Emin Toric (GA)                                       driver must provide a copy of the
                                               Benito Saldana (TX)                                       The drivers were included in docket                 annual medical certification to the
                                               Daniel Salinas (OR)                                     number FMCSA–2012–0280. Their                         employer for retention in the driver’s
                                               Kenneth D. Sisk (NC)                                    exemptions are applicable as of                       qualification file or keep a copy of his/
                                               Sherman L. Taylor (FL)                                  December 20, 2018, and will expire on                 her driver’s qualification if he/her is
                                               Richard T. Traigle (LA)                                 December 20, 2020.                                    self- employed. The driver must also
                                               Melvin V. Van Meter (PA)                                  As of December 25, 2018, and in                     have a copy of the exemption when
                                               Emejildo M. Vargas (NH)                                 accordance with 49 U.S.C. 31136(e) and                driving, for presentation to a duly
                                               Christopher M. Vincent (NC)                             31315, the following seven individuals                authorized Federal, State, or local
                                               Wilbert Walden (NC)                                     have satisfied the renewal conditions for             enforcement official. The exemption
                                                  The drivers were included in docket                  obtaining an exemption from the vision                will be rescinded if: (1) The person fails
                                               numbers FMCSA–1998–4334; FMCSA–                         requirement in the FMCSRs for                         to comply with the terms and
                                               2000–7165; FMCSA–2002–12294;                            interstate CMV drivers (79 FR 69985; 80               conditions of the exemption; (2) the
                                               FMCSA–2008–0174; FMCSA–2008–                            FR 8927; 81 FR 96180):                                exemption has resulted in a lower level
                                               0231; FMCSA–2008–0266; FMCSA–                           Thurman T. Clayton (LA)                               of safety than was maintained before it
                                               2010–0082; FMCSA–2010–0114;                             Tig G. Cornell (ID)                                   was granted; or (3) continuation of the
                                               FMCSA–2010–0161; FMCSA–2010–                            Jon R. Davidson (CO)                                  exemption would not be consistent with
                                               0187; FMCSA–2011–0276; FMCSA–                           Edwin T. Donaldson (PA)                               the goals and objectives of 49 U.S.C.
                                               2012–0160; FMCSA–2012–0214;                             Keith C. Lendt (MN)                                   31136(e) and 31315.
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                                               FMCSA–2012–0279; FMCSA–2013–                            Joseph McTear (TX)
                                                                                                       Daniel R. Thompson (PA)                               VI. Preemption
                                               0169; FMCSA–2013–0174; FMCSA–
                                               2014–0003; FMCSA–2014–0007;                               The drivers were included in docket                    During the period the exemption is in
                                               FMCSA–2014–0011; FMCSA–2014–                            number FMCSA–2014–0298. Their                         effect, no State shall enforce any law or
                                               0296; FMCSA–2015–0344; FMCSA–                           exemptions are applicable as of                       regulation that conflicts with this
                                               2016–0025; FMCSA–2016–0027;                             December 25, 2018, and will expire on                 exemption with respect to a person
                                               FMCSA–2016–0031; FMCSA–2016–                            December 25, 2020.                                    operating under the exemption.


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                                               56146                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               VI. Conclusion                                          telephone number in the body of your                  that it may take a few hours or even
                                                 Based upon its evaluation of the 67                   document so that we can contact you if                days for your comment to be reflected
                                               exemption applications, FMCSA renews                    we have questions regarding your                      on the docket. In addition, your
                                               the exemptions of the aforementioned                    submission.                                           comments must be written in English.
                                               drivers from the vision requirement in                     Instructions: All submissions received             We encourage you to provide concise
                                               49 CFR 391.41(b)(10), subject to the                    must include the agency name and                      comments and you may attach
                                               requirements cited above. In accordance                 specific docket number. All comments                  additional documents as necessary.
                                               with 49 U.S.C. 31136(e) and 31315, each                 received will be posted without change                There is no limit on the length of the
                                               exemption will be valid for two years                   to the docket at www.regulations.gov,                 attachments.
                                               unless revoked earlier by FMCSA.                        including any personal information                    Where do I go to read public comments,
                                                                                                       provided. For detailed instructions on                and find supporting information?
                                                 Issued on: November 1, 2018.                          submitting comments, see the section
                                               Larry W. Minor,                                         entitled Public Participation.                          Go to the docket online at http://
                                               Associate Administrator for Policy.                                                                           www.regulations.gov, keyword search
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               [FR Doc. 2018–24552 Filed 11–8–18; 8:45 am]                                                                   MARAD–2018–0164 or visit the Docket
                                                                                                       Bianca Carr, U.S. Department of
                                                                                                                                                             Management Facility (see ADDRESSES for
                                               BILLING CODE 4910–EX–P                                  Transportation, Maritime
                                                                                                                                                             hours of operation). We recommend that
                                                                                                       Administration, 1200 New Jersey
                                                                                                                                                             you periodically check the Docket for
                                                                                                       Avenue SE, Room W23–453,
                                               DEPARTMENT OF TRANSPORTATION                                                                                  new submissions and supporting
                                                                                                       Washington, DC 20590. Telephone 202–                  material.
                                                                                                       366–9309, Email Bianca.carr@dot.gov.
                                               Maritime Administration
                                                                                                       SUPPLEMENTARY INFORMATION: As                         Will my comments be made available to
                                               [Docket No. MARAD–2018–0164]                            described by the applicant the intended               the public?
                                                                                                       service of the vessel MONEY CAT is:                     Yes. Be aware that your entire
                                               Requested Administrative Waiver of
                                                                                                       —Intended Commercial Use of Vessel:                   comment, including your personal
                                               the Coastwise Trade Laws: Vessel
                                                                                                          Private Vessel Charters, Passengers                identifying information, will be made
                                               MONEY CAT; Invitation for Public
                                                                                                          Only. Crewed private Passenger                     publicly available.
                                               Comments
                                                                                                          private charter for domestic coastline             May I submit comments confidentially?
                                               AGENCY: Maritime Administration, DOT.                      travel. Vessel will also be used
                                               ACTION: Notice.                                            commercially for television                           If you wish to submit comments
                                                                                                          commercials and/or movies. 50% of                  under a claim of confidentiality, you
                                               SUMMARY:    The Secretary of                               the time, the vessel does not leave the            should submit three copies of your
                                               Transportation, as represented by the                      slip, is used for background shots                 complete submission, including the
                                               Maritime Administration (MARAD), is                     —Geographic Region Including Base of                  information you claim to be confidential
                                               authorized to grant waivers of the U.S.-                   Operations: ‘‘California, Washington,              business information, to the Department
                                               build requirements of the coastwise                                                                           of Transportation, Maritime
                                                                                                          Oregon, and Alaska (excluding waters
                                               trade laws to allow the carriage of no                                                                        Administration, Office of Legislation
                                                                                                          in Southeast Alaska)’’ (Base of
                                               more than twelve passengers for hire on                                                                       and Regulations, MAR–225, W24–220,
                                                                                                          Operations: San Pedro, CA)
                                               vessels, which are three years old or                                                                         1200 New Jersey Avenue SE,
                                                                                                       —Vessel Length and Type: 84′ Motor
                                               more. A request for such a waiver has                                                                         Washington, DC 20590. Include a cover
                                                                                                          vessel with flybridge
                                               been received by MARAD. The vessel,                                                                           letter setting forth with specificity the
                                               and a brief description of the proposed                    The complete application is available              basis for any such claim and, if possible,
                                               service, is listed below.                               for review identified in the DOT docket               a summary of your submission that can
                                                                                                       as MARAD–2018–0164 at http://                         be made available to the public.
                                               DATES: Submit comments on or before
                                                                                                       www.regulations.gov. Interested parties
                                               December 10, 2018.                                                                                            Privacy Act
                                                                                                       may comment on the effect this action
                                               ADDRESSES: You may submit comments
                                                                                                       may have on U.S. vessel builders or                     In accordance with 5 U.S.C. 553(c),
                                               identified by DOT Docket Number                         businesses in the U.S. that use U.S.-flag             DOT solicits comments from the public
                                               MARAD–2018–0164 by any one of the                       vessels. If MARAD determines, in                      to better inform its rulemaking process.
                                               following methods:                                      accordance with 46 U.S.C. 12121 and                   DOT posts these comments, without
                                                  • Federal eRulemaking Portal: Go to
                                                                                                       MARAD’s regulations at 46 CFR part                    edit, to www.regulations.gov, as
                                               http://www.regulations.gov. Search
                                                                                                       388, that the issuance of the waiver will             described in the system of records
                                               MARAD–2018–0164 and follow the
                                                                                                       have an unduly adverse effect on a U.S.-              notice, DOT/ALL–14 FDMS, accessible
                                               instructions for submitting comments.
                                                                                                       vessel builder or a business that uses                through www.dot.gov/privacy. To
                                                  • Mail or Hand Delivery: Docket
                                                                                                       U.S.-flag vessels in that business, a                 facilitate comment tracking and
                                               Management Facility is in the West
                                                                                                       waiver will not be granted. Comments                  response, we encourage commenters to
                                               Building, Ground Floor of the U.S.
                                                                                                       should refer to the vessel name, state the            provide their name, or the name of their
                                               Department of Transportation. The
                                                                                                       commenter’s interest in the waiver                    organization; however, submission of
                                               Docket Management Facility location
                                                                                                       application, and address the waiver                   names is completely optional. Whether
                                               address is: U.S. Department of
                                                                                                       criteria given in section 388.4 of                    or not commenters identify themselves,
                                               Transportation, MARAD–2018–0164,
                                                                                                       MARAD’s regulations at 46 CFR part                    all timely comments will be fully
                                               1200 New Jersey Avenue SE, West
                                                                                                       388.                                                  considered. If you wish to provide
khammond on DSK30JT082PROD with NOTICES




                                               Building, Room W12–140, Washington,
                                                                                                                                                             comments containing proprietary or
                                               DC 20590, between 9 a.m. and 5 p.m.,                    Public Participation                                  confidential information, please contact
                                               Monday through Friday, except on
                                                                                                       How do I submit comments?                             the agency for alternate submission
                                               Federal holidays.
                                                                                                                                                             instructions.
                                                  Note: If you mail or hand-deliver your                 Please submit your comments,
                                               comments, we recommend that you                         including the attachments, following the              (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
                                               include your name and a mailing                         instructions provided under the above                 46 U.S.C. 12121)
                                               address, an email address, or a                         heading entitled ADDRESSES. Be advised                  * * *


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Document Created: 2018-11-09 03:34:26
Document Modified: 2018-11-09 03:34:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach 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 December 10, 2018.
ContactMs. 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., ET, 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 Citation83 FR 56143 

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