83 FR 56902 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 220 (November 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56902-56905 | |
| FR Document | 2018-24856 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56902-56905] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24856] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2000-7165; FMCSA-2002-11714; FMCSA-2004-17984; FMCSA- 2004-18885; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0104; FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206] 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 83 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 14, 2018. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-2000-7165; FMCSA-2002-11714; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0104; FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206 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-2000-7165; FMCSA-2002-11714; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0104; FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206), 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-2000-7165; FMCSA-2002-11714; FMCSA-2004- 17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA- 2007-27897; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA- 2008-0231; FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA- 2010-0082; FMCSA-2010-0114; [[Page 56903]] FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0104; FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206, 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. 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-2000-7165; FMCSA-2002-11714; FMCSA- 2004-17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0104; FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206, 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 83 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 83 applicants has satisfied the renewal conditions for obtaining an exemption from the vision standard (65 FR 33406; 65 FR 57234; 67 FR 15662; 67 FR 37907; 67 FR 57266; 69 FR 26206; 69 FR 33997; 69 FR 52741; 69 FR 53493; 69 FR 61292; 69 FR 62742; 70 FR 48797; 70 FR 61493; 71 FR 26602; 71 FR 32183; 71 FR 41310; 71 FR 53489; 71 FR 55820; 71 FR 62148; 72 FR 39879; 72 FR 52419; 73 FR 15567; 73 FR 27015; 73 FR 27018; 73 FR 35194; 73 FR 35197; 73 FR 36955; 73 FR 38498; 73 FR 46973; 73 FR 48273; 73 FR 48275; 73 FR 51689; 73 FR 54888; 73 FR 61925; 73 FR 63047; 73 FR 65009; 74 FR 41971; 74 FR 43217; 74 FR 43220; 74 FR 57551; 74 FR 57553; 74 FR 60022; 75 FR 4623; 75 FR 19674; 75 FR 25918; 75 FR 34211; 75 FR 34212; 75 FR 36778; 75 FR 36779; 75 FR 39725; 75 FR 39729; 75 FR 44050; 75 FR 44051; 75 FR 47883; 75 FR 47888; 75 FR 52063; 75 FR 57105; 75 FR 59327; 75 FR 61833; 75 FR 61883; 75 FR 63257; 75 FR 64396; 75 FR 72863; 75 FR 77942; 76 FR 2190; 76 FR 5425; 76 FR 54530; 76 FR 66123; 77 FR 543; 77 FR 15184; 77 FR 17109; 77 FR 23797; 77 FR 27845; 77 FR 27847; 77 FR 27850; 77 FR 36338; 77 FR 38381; 77 FR 38384; 77 FR 38386; 77 FR 40945; 77 FR 46153; 77 FR 51846; 77 FR 52381; 77 FR 52388; 77 FR 56261; 77 FR 56262; 77 FR 60010; 77 FR 64582; 77 FR 64583; 77 FR 64841; 77 FR 65933; 78 FR 51269; 78 FR 64274; 78 FR 67454; 78 FR 76707; 78 FR 77778; 78 FR 77782; 78 FR 78477; 79 FR 4803; 79 FR 10609; 79 FR 14571; 79 FR 22003; 79 FR 23797; 79 FR 27681; 79 FR 28588; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37843; 79 FR 38649; 79 FR 38661; 79 FR 40945; 79 FR 45868; 79 FR 46153; 79 FR 47175; 79 FR 51642; 79 FR 51643; 79 FR 56097; 79 FR 56099; 79 FR 56104; 79 FR 56117; 79 FR 58856; 79 FR 59348; 79 FR 64001; 79 FR 70928; 79 FR 72754; 80 FR 36398; 80 FR 67481; 81 FR 20435; 81 FR 26305; 81 FR 39320; 81 FR 60115; 81 FR 66720; 81 FR 66724; 81 FR 71173; 81 FR 72642; 81 FR 81230; 81 FR 90050; 81 FR 91239; 81 FR 96196). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and [[Page 56904]] 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 October and are discussed below. As of October 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 21 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (73 FR 15567; 73 FR 27015; 73 FR 35197; 73 FR 48275; 74 FR 43217; 74 FR 43220; 74 FR 57551; 74 FR 57553; 74 FR 60022; 75 FR 4623; 75 FR 19674; 75 FR 34211; 75 FR 34212; 75 FR 44051; 75 FR 47888; 75 FR 72863; 76 FR 2190; 76 FR 66123; 77 FR 543; 77 FR 23797; 77 FR 27847; 77 FR 36338; 77 FR 38386; 77 FR 40945; 77 FR 46153; 78 FR 51269; 78 FR 64274; 78 FR 76707; 78 FR 77778; 78 FR 77782; 79 FR 10609; 79 FR 22003; 79 FR 23797; 79 FR 27681; 79 FR 35220; 79 FR 37843; 79 FR 38649; 79 FR 40945; 79 FR 45868; 79 FR 46153; 80 FR 36398; 80 FR 67481; 81 FR 20435; 81 FR 26305; 81 FR 39320; 81 FR 60115; 81 FR 66720; 81 FR 66724; 81 FR 72642; 81 FR 81230; 81 FR 90050; 81 FR 91239; 81 FR 96196): Timothy D. Beaulier (MI) Teddy S. Bioni (PA) James F. Epperson (IN) Sean O. Feeny (FL) David M. Field (NH) Spencer B. Jacobs (TX) Gregory L. Kockelman (MN) Michael M. Martinez (NM) Duane A. McCord (IL) Odilio Monterroso De Leon (TX) Aaron L. Paustian (IA) Markus Perkins (LA) Kent A. Perry (WY) Enoc Ramos III (TX) Noel S. Robbins (PA) Benjamin R. Sauder (PA) Roberto E. Soto (TX) Robert B. Steinmetz (OR) Douglas R. Strickland (NC) Raymond White (NC) Brian C. Wittenburg (NC) The drivers were included in docket numbers FMCSA-2008-0021; FMCSA- 2008-0106; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0114; FMCSA- 2010-0354; FMCSA-2012-0104; FMCSA-2013-0169; FMCSA-2014-0002; FMCSA- 2014-0005; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206. Their exemptions are applicable as of October 1, 2018, and will expire on October 1, 2020. As of October 6, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 19 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (67 FR 15662; 67 FR 37907; 69 FR 26206; 70 FR 48797; 70 FR 61493; 71 FR 26602; 71 FR 32183; 71 FR 41310; 72 FR 39879; 72 FR 52419; 73 FR 27018; 73 FR 35194; 73 FR 36955; 73 FR 38498; 73 FR 48273; 74 FR 41971; 75 FR 25918; 75 FR 36778; 75 FR 36779; 75 FR 39725; 75 FR 39729; 75 FR 44050; 75 FR 44051; 75 FR 61833; 75 FR 77942; 76 FR 5425; 76 FR 54530; 77 FR 15184; 77 FR 17109; 77 FR 27845; 77 FR 27850; 77 FR 36338; 77 FR 38384; 77 FR 46153; 77 FR 56262; 78 FR 67454; 78 FR 78477; 79 FR 4803; 79 FR 14571; 79 FR 23797; 79 FR 28588; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 38661; 79 FR 46153; 79 FR 47175; 79 FR 51642; 79 FR 51643; 79 FR 64001; 81 FR 71173): Ramon Adame (IL) John E. Breslin (NV) Howard T. Bubel (ND) Scott F. Chalfant (DE) Curtis E. Firari (WI) Kelly L. Foster (UT) Ronald M. Green (OH) David W. Grooms (IN) Billy R. Holdman (IL) Daniel Hollins (KY) Ralph E. Holmes (MD) Charles S. Huffman (KS) Daniel W. Johnson (NY) Matthew B. Lairamore (OK) Gary McKown (WV) Mark A. Smith (IA) Charles E. Stokes (FL) Samuel M. Stoltzfus (PA) Nicholas J. Vance (OH) The drivers were included in docket numbers FMCSA-2002-11714; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2010-0082; FMCSA-2010-0161; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-0006; FMCSA-2014-0010. Their exemptions are applicable as of October 6, 2018, and will expire on October 6, 2020. As of October 15, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (69 FR 33997; 69 FR 61292; 71 FR 55820; 73 FR 46973; 73 FR 54888; 73 FR 65009; 75 FR 47883; 75 FR 52063; 75 FR 57105; 75 FR 63257; 77 FR 38381; 77 FR 51846; 77 FR 52388; 77 FR 60010; 81 FR 71173): William C. Ball (NC) Kelly R. Konesky (AZ) Hollis J. Martin (AL) Kevin C. Palmer (OR) Charles O. Rhodes (FL) Gordon G. Roth (KS) Ted L. Smeltzer (IN) Stephen B. Whitt (NC) Darrell F. Woosley (IL) The drivers were included in docket numbers FMCSA-2004-17984; FMCSA-2008-0231; FMCSA-2010-0187; FMCSA-2012-0160. Their exemptions are applicable as of October 15, 2018, and will expire on October 15, 2020. As of October 21, 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 (79 FR 56099; 79 FR 70928; 81 FR 71173): Todd A. Carlson (MN) Ronald Gaines (FL) Billy R. Hampton (NC) Raymond Holt (CA) Juan C. Puente (TX) The drivers were included in docket number FMCSA-2014-0011. Their exemptions are applicable as of October 21, 2018, and will expire on October 21, 2020. As of October 22, 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 (73 FR 51689; 73 FR 63047; 75 FR 39725; 75 FR 47883; 75 FR 61883; 75 FR 63257; 75 FR 64396; 77 FR 64582; 79 FR 56104; 81 FR 71173): Randall J. Benson (MN) James D. Drabek, Jr. (IL) Delone W. Dudley (MD) Jeromy W. Leatherman (PA) Sylvester Silver (VA) The drivers were included in docket numbers FMCSA-2008-0266; FMCSA- 2010-0161; FMCSA-2010-0187. Their exemptions are applicable as of October 22, 2018, and will expire on October 22, 2020. As of October 23, 2018, and in accordance with 49 U.S.C. 31136(e) and [[Page 56905]] 31315, the following six individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 52381; 77 FR 64841; 79 FR 56097; 81 FR 71173): Roger A. Duester (TX) Charlene E. Geary (SD) David N. Hinchliffe (TX) Benny L. Sanchez (CA) Sandeep Singh (CA) James T. Stalker (OH) The drivers were included in docket number FMCSA-2012-0215. Their exemptions are applicable as of October 23, 2018, and will expire on October 23, 2020. As of October 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 33406; 65 FR 57234; 67 FR 57266; 69 FR 52741; 69 FR 53493; 69 FR 62742; 71 FR 53489; 71 FR 62148; 73 FR 61925; 75 FR 59327; 77 FR 64583; 79 FR 56117; 81 FR 71173): David W. Brown (TN) Monty G. Calderon (OH) Zane G. Harvey, Jr. (VA) Jeffrey M. Keyser (OH) David G. Meyers (NY) Rodney M. Pegg (PA) Zbigniew P. Pietranik (WI) Joseph F. Wood (MS) The drivers were included in docket numbers FMCSA-2000-7165; FMCSA- 2004-18885. Their exemptions are applicable as of October 27, 2018, and will expire on October 27, 2020. As of October 31, 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 (77 FR 56261; 77 FR 65933; 79 FR 58856; 79 FR 59348; 79 FR 72754; 81 FR 71173): Donald L. Blakeley II (NV) Marty R. Brewster (KS) Henry L. Chrestensen (IA) Sanford L. Goodwin (TX) Thomas J. Long III (PA) Matthew J. Mantooth (KY) Steven W. Miller (PA) James J. Monticello (IN) Klifford N. Siemens (KS) Scott E. Tussey (KY) The drivers were included in docket numbers FMCSA-2012-0216; FMCSA- 2014-0296. Their exemptions are applicable as of October 31, 2018, and will expire on October 31, 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. VI. Conclusion Based upon its evaluation of the 83 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 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-24856 Filed 11-13-18; 8:45 am] BILLING CODE 4910-EX-P
![56902 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
VII. Conclusion ACTION:Notice of renewal of FOR FURTHER INFORMATION CONTACT: Ms.
Based upon its evaluation of the 11 exemptions; request for comments. Christine A. Hydock, Chief, Medical
exemption applications, FMCSA Programs Division, 202–366–4001,
SUMMARY: FMCSA announces its fmcsamedical@dot.gov, FMCSA,
exempts the following drivers from the decision to renew exemptions for 83
epilepsy and seizure disorder Department of Transportation, 1200
individuals from the vision requirement New Jersey Avenue SE, Room W64–224,
prohibition, 49 CFR 391.41(b)(8), subject in the Federal Motor Carrier Safety
to the requirements cited above: Washington, DC 20590–0001. Office
Regulations (FMCSRs) for interstate hours are from 8:30 a.m. to 5 p.m., ET,
Jonthon A. Arrieta (FL) commercial motor vehicle (CMV) Monday through Friday, except Federal
Jose F.J. Cabrera Maciel (CA) drivers. The exemptions enable these holidays. If you have questions
Pietro Capobianco (NJ) individuals to continue to operate CMVs regarding viewing or submitting
Armando B. Castro Jr. (NV) in interstate commerce without meeting material to the docket, contact Docket
Joshua Cirilo (MN) the vision requirements in one eye. Services, telephone (202) 366–9826.
Barbara A. Cruz (IN) DATES: Each group of renewed SUPPLEMENTARY INFORMATION:
Gail A. Hackathorn (IA) exemptions were applicable on the
Jose G. Lara-Ramirez (NV) I. Public Participation
dates stated in the discussions below
Bryan F. Sheehan (FL) and will expire on the dates stated in A. Submitting Comments
Christopher A. Steinke (WI) the discussions below. Comments must
Francis L. Stimpson (ID) If you submit a comment, please
be received on or before December 14, include the docket number for this
In accordance with 49 U.S.C. 2018. notice (Docket No. FMCSA–2000–7165;
31315(b)(1), each exemption will be ADDRESSES: You may submit comments FMCSA–2002–11714; FMCSA–2004–
valid for two years from the effective identified by the Federal Docket 17984; FMCSA–2004–18885; FMCSA–
date unless revoked earlier by FMCSA. Management System (FDMS) Docket No. 2005–21711; FMCSA–2006–24783;
The exemption will be revoked if the FMCSA–2000–7165; FMCSA–2002– FMCSA–2007–27897; FMCSA–2008–
following occurs: (1) The person fails to 11714; FMCSA–2004–17984; FMCSA– 0021; FMCSA–2008–0106; FMCSA–
comply with the terms and conditions 2004–18885; FMCSA–2005–21711; 2008–0174; FMCSA–2008–0231;
of the exemption; (2) the exemption has FMCSA–2006–24783; FMCSA–2007– FMCSA–2008–0266; FMCSA–2009–
resulted in a lower level of safety than 27897; FMCSA–2008–0021; FMCSA– 0206; FMCSA–2009–0303; FMCSA–
was maintained prior to being granted; 2008–0106; FMCSA–2008–0174; 2010–0082; FMCSA–2010–0114;
or (3) continuation of the exemption FMCSA–2008–0231; FMCSA–2008– FMCSA–2010–0161; FMCSA–2010–
would not be consistent with the goals 0266; FMCSA–2009–0206; FMCSA– 0187; FMCSA–2010–0354; FMCSA–
and objectives of 49 U.S.C. 31136 and 2009–0303; FMCSA–2010–0082; 2010–0385; FMCSA–2011–0379;
31315. FMCSA–2010–0114; FMCSA–2010– FMCSA–2011–0380; FMCSA–2012–
Issued on: November 5, 2018. 0161; FMCSA–2010–0187; FMCSA– 0104; FMCSA–2012–0160; FMCSA–
Larry W. Minor, 2010–0354; FMCSA–2010–0385; 2012–0215; FMCSA–2012–0216;
Associate Administrator for Policy. FMCSA–2011–0379; FMCSA–2011– FMCSA–2013–0169; FMCSA–2013–
[FR Doc. 2018–24858 Filed 11–13–18; 8:45 am]
0380; FMCSA–2012–0104; FMCSA– 0170; FMCSA–2014–0002; FMCSA–
2012–0160; FMCSA–2012–0215; 2014–0003; FMCSA–2014–0005;
BILLING CODE 4910–EX–P
FMCSA–2012–0216; FMCSA–2013– FMCSA–2014–0006; FMCSA–2014–
0169; FMCSA–2013–0170; FMCSA– 0010; FMCSA–2014–0011; FMCSA–
DEPARTMENT OF TRANSPORTATION 2014–0002; FMCSA–2014–0003; 2014–0296; FMCSA–2016–0027;
FMCSA–2014–0005; FMCSA–2014– FMCSA–2016–0028; FMCSA–2016–
Federal Motor Carrier Safety 0006; FMCSA–2014–0010; FMCSA– 0206), indicate the specific section of
Administration 2014–0011; FMCSA–2014–0296; this document to which each comment
FMCSA–2016–0027; FMCSA–2016– applies, and provide a reason for each
[Docket No. FMCSA–2000–7165; FMCSA–
0028; FMCSA–2016–0206 using any of suggestion or recommendation. You
2002–11714; FMCSA–2004–17984; FMCSA–
2004–18885; FMCSA–2005–21711; FMCSA– the following methods: may submit your comments and
2006–24783; FMCSA–2007–27897; FMCSA– • Federal eRulemaking Portal: Go to material online or by fax, mail, or hand
2008–0021; FMCSA–2008–0106; FMCSA– http://www.regulations.gov. Follow the delivery, but please use only one of
2008–0174; FMCSA–2008–0231; FMCSA– online instructions for submitting these means. FMCSA recommends that
2008–0266; FMCSA–2009–0206; FMCSA– comments. you include your name and a mailing
2009–0303; FMCSA–2010–0082; FMCSA– • Mail: Docket Management Facility; address, an email address, or a phone
2010–0114; FMCSA–2010–0161; FMCSA– U.S. Department of Transportation, 1200 number in the body of your document
2010–0187; FMCSA–2010–0354; FMCSA– New Jersey Avenue SE, West Building
2010–0385; FMCSA–2011–0379; FMCSA–
so that FMCSA can contact you if there
2011–0380; FMCSA–2012–0104; FMCSA–
Ground Floor, Room W12–140, are questions regarding your
2012–0160; FMCSA–2012–0215; FMCSA– Washington, DC 20590–0001. submission.
2012–0216; FMCSA–2013–0169; FMCSA– • Hand Delivery: West Building To submit your comment online, go to
2013–0170; FMCSA–2014–0002; FMCSA– Ground Floor, Room W12–140, 1200 http://www.regulations.gov, put the
2014–0003; FMCSA–2014–0005; FMCSA– New Jersey Avenue SE, Washington, docket number, FMCSA–2000–7165;
2014–0006; FMCSA–2014–0010; FMCSA– DC, between 9 a.m. and 5 p.m., ET, FMCSA–2002–11714; FMCSA–2004–
2014–0011; FMCSA–2014–0296; FMCSA– Monday through Friday, except Federal 17984; FMCSA–2004–18885; FMCSA–
2016–0027; FMCSA–2016–0028; FMCSA– Holidays. 2005–21711; FMCSA–2006–24783;
2016–0206] • Fax: 1–202–493–2251. FMCSA–2007–27897; FMCSA–2008–
Qualification of Drivers; Exemption To avoid duplication, please use only 0021; FMCSA–2008–0106; FMCSA–
Applications; Vision one of these four methods. See the 2008–0174; FMCSA–2008–0231;
‘‘Public Participation’’ portion of the FMCSA–2008–0266; FMCSA–2009–
AGENCY:Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION section for 0206; FMCSA–2009–0303; FMCSA–
Administration (FMCSA), DOT. instructions on submitting comments. 2010–0082; FMCSA–2010–0114;
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![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56905
31315, the following six individuals V. Conditions and Requirements DEPARTMENT OF TRANSPORTATION
have satisfied the renewal conditions for
obtaining an exemption from the vision The exemptions are extended subject Federal Motor Carrier Safety
requirement in the FMCSRs for to the following conditions: (1) Each Administration
interstate CMV drivers (77 FR 52381; 77 driver must undergo an annual physical
[Docket No. FMCSA–2016–0002]
FR 64841; 79 FR 56097; 81 FR 71173): examination (a) by an ophthalmologist
Roger A. Duester (TX) or optometrist who attests that the Qualification of Drivers; Exemption
Charlene E. Geary (SD) vision in the better eye continues to Applications; Hearing
David N. Hinchliffe (TX) meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified AGENCY: Federal Motor Carrier Safety
Benny L. Sanchez (CA) Administration (FMCSA), DOT.
Sandeep Singh (CA) Medical Examiner, as defined by 49 CFR
390.5, who attests that the driver is ACTION: Notice of renewal of
James T. Stalker (OH)
otherwise physically qualified under 49 exemptions; request for comments.
The drivers were included in docket
CFR 391.41; (2) each driver must
number FMCSA–2012–0215. Their SUMMARY: FMCSA announces its
provide a copy of the ophthalmologist’s decision to renew exemptions for 11
exemptions are applicable as of October
23, 2018, and will expire on October 23, or optometrist’s report to the Medical individuals from the hearing
2020. Examiner at the time of the annual requirement in the Federal Motor
As of October 27, 2018, and in medical examination; and (3) each Carrier Safety Regulations (FMCSRs) for
accordance with 49 U.S.C. 31136(e) and driver must provide a copy of the interstate commercial motor vehicle
31315, the following eight individuals annual medical certification to the (CMV) drivers. The exemptions enable
have satisfied the renewal conditions for employer for retention in the driver’s these hard of hearing and deaf
obtaining an exemption from the vision qualification file or keep a copy of his/ individuals to continue to operate CMVs
requirement in the FMCSRs for her driver’s qualification if he/her is in interstate commerce.
interstate CMV drivers (65 FR 33406; 65 self-employed. The driver must also DATES: The exemptions were applicable
FR 57234; 67 FR 57266; 69 FR 52741; have a copy of the exemption when on September 6, 2018. The exemptions
69 FR 53493; 69 FR 62742; 71 FR 53489; driving, for presentation to a duly expire on September 6, 2020. Comments
71 FR 62148; 73 FR 61925; 75 FR 59327; authorized Federal, State, or local must be received on or before December
77 FR 64583; 79 FR 56117; 81 FR enforcement official. The exemption 14, 2018.
71173): will be rescinded if: (1) The person fails ADDRESSES: You may submit comments
David W. Brown (TN) to comply with the terms and identified by the Federal Docket
Monty G. Calderon (OH) conditions of the exemption; (2) the Management System (FDMS) Docket No.
Zane G. Harvey, Jr. (VA) exemption has resulted in a lower level FMCSA–2016–0002 using any of the
Jeffrey M. Keyser (OH) of safety than was maintained before it following methods:
David G. Meyers (NY) was granted; or (3) continuation of the • Federal eRulemaking Portal: Go to
Rodney M. Pegg (PA) exemption would not be consistent with http://www.regulations.gov. Follow the
Zbigniew P. Pietranik (WI) the goals and objectives of 49 U.S.C. online instructions for submitting
Joseph F. Wood (MS) 31136(e) and 31315. comments.
The drivers were included in docket • Mail: Docket Management Facility;
VI. Preemption U.S. Department of Transportation, 1200
numbers FMCSA–2000–7165; FMCSA–
2004–18885. Their exemptions are During the period the exemption is in New Jersey Avenue SE, West Building
applicable as of October 27, 2018, and effect, no State shall enforce any law or Ground Floor, Room W12–140,
will expire on October 27, 2020. Washington, DC 20590–0001.
regulation that conflicts with this
• Hand Delivery: West Building
As of October 31, 2018, and in exemption with respect to a person
Ground Floor, Room W12–140, 1200
accordance with 49 U.S.C. 31136(e) and operating under the exemption. New Jersey Avenue SE, Washington,
31315, the following ten individuals
VI. Conclusion DC, between 9 a.m. and 5 p.m., ET,
have satisfied the renewal conditions for
Monday through Friday, except Federal
obtaining an exemption from the vision Based upon its evaluation of the 83 Holidays.
requirement in the FMCSRs for exemption applications, FMCSA renews • Fax: 1–202–493–2251.
interstate CMV drivers (77 FR 56261; 77
the exemptions of the aforementioned To avoid duplication, please use only
FR 65933; 79 FR 58856; 79 FR 59348;
drivers from the vision requirement in one of these four methods. See the
79 FR 72754; 81 FR 71173):
49 CFR 391.41(b)(10), subject to the ‘‘Public Participation’’ portion of the
Donald L. Blakeley II (NV) requirements cited above. In accordance SUPPLEMENTARY INFORMATION section for
Marty R. Brewster (KS) with 49 U.S.C. 31136(e) and 31315, each instructions on submitting comments.
Henry L. Chrestensen (IA) exemption will be valid for two years FOR FURTHER INFORMATION CONTACT: Ms.
Sanford L. Goodwin (TX) unless revoked earlier by FMCSA. Christine A. Hydock, Chief, Medical
Thomas J. Long III (PA) Programs Division, 202–366–4001,
Matthew J. Mantooth (KY) Issued on: November 5, 2018.
fmcsamedical@dot.gov, FMCSA,
Steven W. Miller (PA) Larry W. Minor,
Department of Transportation, 1200
James J. Monticello (IN) Associate Administrator for Policy. New Jersey Avenue SE, Room W64–224,
Klifford N. Siemens (KS) [FR Doc. 2018–24856 Filed 11–13–18; 8:45 am] Washington, DC 20590–0001. Office
Scott E. Tussey (KY) BILLING CODE 4910–EX–P hours are from 8:30 a.m. to 5 p.m., ET,
The drivers were included in docket Monday through Friday, except Federal
numbers FMCSA–2012–0216; FMCSA– holidays. If you have questions
2014–0296. Their exemptions are regarding viewing or submitting
applicable as of October 31, 2018, and material to the docket, contact Docket
will expire on October 31, 2020. Services, telephone (202) 366–9826.
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Document Created: 2018-11-14 03:31:25
Document Modified: 2018-11-14 03:31:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before December 14, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 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 Citation | 83 FR 56902 |
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