83_FR_6951 83 FR 6919 - Qualification of Drivers; Exemption Applications; Vision

83 FR 6919 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 32 (February 15, 2018)

Page Range6919-6922
FR Document2018-03060

FMCSA announces its decision to renew exemptions for 85 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 32 (Thursday, February 15, 2018)
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6919-6922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03060]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-2001-10578; FMCSA-2002-12844; FMCSA-
2003-14223; FMCSA-2003-16564; FMCSA-2005-21711; FMCSA-2005-22194; 
FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-24783; FMCSA-2007-0017; 
FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0291; FMCSA-2009-0303; 
FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2011-0365; 
FMCSA-2011-0366; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; 
FMCSA-2013-0174; FMCSA-2015-0053; FMCSA-2015-0055; FMCSA-2015-0056; 
FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; 
FMCSA-2015-0347; FMCSA-2015-0348]


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 85 
individuals from the vision requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these individuals to continue to 
operate CMVs in interstate commerce without meeting the vision 
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before March 19, 
2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-1999-5578; FMCSA-2001-10578; 
FMCSA-2002-12844; FMCSA-2003-14223; FMCSA-2003-16564; FMCSA-2005-21711; 
FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-24783; 
FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0291; 
FMCSA-2009-0303; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; 
FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2013-0168; FMCSA-2013-0169; 
FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2015-0053; FMCSA-2015-0055; 
FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0344; 
FMCSA-2015-0345; FMCSA-2015-0347; FMCSA-2015-0348 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.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, ET, 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
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.

[[Page 6920]]

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV if that person has distant visual acuity of 
at least 20/40 (Snellen) in each eye without corrective lenses or 
visual acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of a least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing red, 
green, and amber.
    The 85 individuals listed in this notice have requested renewal of 
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the 85 applicants has satisfied the renewal conditions for obtaining an 
exemption from the vision requirement (64 FR 27027; 64 FR 51568; 66 FR 
48504; 66 FR 53826; 66 FR 66966; 67 FR 68719; 68 FR 2629; 68 FR 10301; 
68 FR 19596; 68 FR 54775; 68 FR 69434; 68 FR 74699; 69 FR 10503; 70 FR 
7545; 70 FR 25878; 70 FR 48797; 70 FR 48798; 70 FR 48799; 70 FR 48800; 
70 FR 53412; 70 FR 57353; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR 
4194; 71 FR 4632; 71 FR 6829; 71 FR 13450; 71 FR 32183; 71 FR 41310; 72 
FR 32705; 72 FR 40362; 72 FR 46261; 72 FR 54972; 72 FR 62896; 72 FR 
67340; 73 FR 1395; 73 FR 5259; 73 FR 6242; 73 FR 6246; 73 FR 8392; 73 
FR 9158; 73 FR 16950; 73 FR 60398; 74 FR 26464; 74 FR 43222; 74 FR 
53581; 74 FR 60021; 74 FR 60022; 74 FR 64124; 74 FR 65842; 74 FR 65845; 
75 FR 1450; 75 FR 1451; 75 FR 4623; 75 FR 8184; 75 FR 9477; 75 FR 9482; 
75 FR 9484; 76 FR 34135; 76 FR 37169; 76 FR 50318; 76 FR 53710; 76 FR 
64171; 76 FR 75942; 76 FR 75943; 76 FR 78728; 77 FR 539; 77 FR 543; 77 
FR 545; 77 FR 3552; 77 FR 3554; 77 FR 5874; 77 FR 7233; 77 FR 10604; 77 
FR 10606; 77 FR 10608; 77 FR 13689; 77 FR 13691; 77 FR 17117; 78 FR 
63302; 78 FR 64274; 78 FR 67452; 78 FR 67454; 78 FR 68137; 78 FR 76704; 
78 FR 76705; 78 FR 76707; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 
78475; 78 FR 78477; 79 FR 1908; 79 FR 3919; 79 FR 4531; 79 FR 4803; 79 
FR 6993; 79 FR 10602; 79 FR 10619; 79 FR 12565; 79 FR 13085; 79 FR 
14328; 79 FR 14331; 79 FR 14333; 80 FR 40122; 80 FR 44188; 80 FR 59230; 
80 FR 62161; 80 FR 62163; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 
76345; 80 FR 79414; 80 FR 80443; 81 FR 1284; 81 FR 1474; 81 FR 6573; 81 
FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 20433; 81 FR 28136; 81 FR 
44680; 81 FR 48493; 81 FR 60117). 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 March and 
are discussed below:
    As of March 2, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 49 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (64 FR 27027; 64 FR 51568; 66 FR 
48504; 66 FR 53826; 66 FR 66966; 68 FR 10301; 68 FR 19596; 68 FR 54775; 
68 FR 69434; 70 FR 25878; 70 FR 48797; 70 FR 48798; 70 FR 48799; 70 FR 
48800; 70 FR 53412; 70 FR 57353; 70 FR 71884; 70 FR 72689; 70 FR 74102; 
71 FR 4632; 71 FR 32183; 71 FR 41310; 72 FR 32705; 72 FR 46261; 72 FR 
54972; 72 FR 62896; 72 FR 67340; 73 FR 1395; 73 FR 5259; 73 FR 6246; 73 
FR 60398; 74 FR 26464; 74 FR 43222; 74 FR 53581; 74 FR 60021; 74 FR 
60022; 74 FR 65842; 74 FR 65845; 75 FR 1450; 75 FR 1451; 75 FR 4623; 75 
FR 9482; 76 FR 34135; 76 FR 37169; 76 FR 50318; 76 FR 53710; 76 FR 
64171; 76 FR 75942; 76 FR 75943; 76 FR 78728; 77 FR 539; 77 FR 543; 77 
FR 545; 77 FR 3554; 77 FR 10604; 77 FR 10608; 78 FR 63302; 78 FR 64274; 
78 FR 67452; 78 FR 67454; 78 FR 68137; 78 FR 76704; 78 FR 76705; 78 FR 
76707; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78475; 78 FR 78477; 
79 FR 3919; 79 FR 4531; 79 FR 4803; 79 FR 6993; 79 FR 10619; 80 FR 
40122; 80 FR 44188; 80 FR 59230; 80 FR 62161; 80 FR 62163; 80 FR 67476; 
80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 79414; 80 FR 80443; 81 FR 
1284; 81 FR 1474; 81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 20433; 
81 FR 44680; 81 FR 48493; 81 FR 60117):

John P. Bails (IA)
Garry A. Baker (OH)
Howard D. Barton (IN)
Craig J. Belles (NY)
Steven A. Blinco (MT)
Cris D. Bush (TN)
Johnnie E. Byler (PA)
Stewart K. Clayton (TX)
David N. Cleveland (ME)
James J. Coffield (NM)
Richard A. Congdon, Jr. (OR)
Albion C. Doe, Sr. (NH)
Bruce J. Dowd (CT)
David E. Evans (NC)
Mark A. Farnsley (IN)
Jason L. Hoovan (UT)
Amos W. Husley (AL)
Darryl H. Johnson (WV)
Freddie H. Johnson (ID)
David B. Jones (FL)
Alfred Keehn (AZ)
Volga Kirkwood (MO)
Michael S. Maki (MN)
Kevin D. Mendoza (WA)
Ralph S. Miller (WV)
John M. Moore (PA)
Kenneth R. Murphy (WA)
Millard F. Neace, II (WV)
William E. Norris (NC)
Daniel F. Perez (CA)
Dean B. Ponte (MA)
Jack E. Potts, Jr. (PA)
Richard E. Purvenas, Jr. (DE)
Robert C. Reid (KY)

[[Page 6921]]

Steven S. Reinsvold (WI)
Glenn T. Riley (OH)
Migeul A. Sanchez (NM)
Donald L. Schoendienst (MO)
Tigran Semerjyan (CA)
James A. Shepard (NY)
Robert L. Simpson (NC)
John R. Snyder (WA)
Timothy R. Steckman (IL)
Warren Supulski (NC)
Dustin W. Tharp (IA)
Kirk A. Thelen (MI)
Robert E. Whitney (IL)
Reginald Wuethrich (IL)
Chadwick L. Wyatt (NC)

    The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2001-10578; FMCSA-2003-14223; FMCSA-2005-21711; FMCSA-2005-22194; 
FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-27897; 
FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2011-0140; FMCSA-2011-0141; 
FMCSA-2011-0325; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; 
FMCSA-2015-0053; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; 
FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2015-0347. 
Their exemptions are applicable as of March 2, 2018, and will expire on 
March 2, 2020.
    As of March 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (68 FR 74699; 69 FR 10503; 70 FR 
57353; 70 FR 72689; 71 FR 6829; 73 FR 8392; 75 FR 8184; 77 FR 7233; 79 
FR 10602; 81 FR 20433):

Barton C. Caldara (WI)
Allan Darley (UT)
Richard Hailey, Jr. (DC)
Robert V. Hodges (IL)
Edward D. Pickle (GA)
James T. Worthham, Jr. (GA)

    The drivers were included in docket numbers FMCSA-2003-16564; 
FMCSA-2005-22194. Their exemptions are applicable as of March 5, 2018, 
and will expire on March 5, 2020.
    As of March 7, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (77 FR 3552; 77 FR 13691; 79 FR 
12565; 81 FR 20433): Samuel V. Holder, (IL); Jake F. Richter, (KS); 
Robert J. Townsley, (VA).

    The drivers were included in docket number FMCSA-2011-0365. Their 
exemptions are applicable as of March 7, 2018, and will expire on March 
7, 2020.
    As of March 10, 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 (81 FR 6573; 81 FR 28136):

Thomas M. Bowman (OH)
Robert W. Fawcett (PA)
Harry J. Glynn (LA)
Cody N. McDonnell (OR)
Dennis C. Rokes (IA)
Brian W. Roughton (MO)
Steven A. Van Raalte (IL)
Marvin L. Wernimont (IA)
Brian J. Yole (TX)

    The drivers were included in docket number FMCSA-2015-0348. Their 
exemptions are applicable as of March 10, 2018, and will expire on 
March 10, 2020.
    As of March 13, 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 (79 FR 1908; 79 FR 14333; 81 FR 
20433):

Norvan D. Brown (IA)
Jackie K. Curlin (KY)
Justin W. Demarchi (OH)
Jimmey C. Harris (TX)
David G. Henry (TX)
Rogelio C. Hernandez (CA)
Harold D. Pressley (TX)
Jason C. Sadler (KY)
Michael O. Thomas (NC)

    The drivers were included in docket number FMCSA-2013-0174. Their 
exemptions are applicable as of March 13, 2018, and will expire on 
March 13, 2020.
    As of March 15, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (67 FR 68719; 68 FR 2629; 70 FR 
7545; 71 FR 4194; 71 FR 13450; 72 FR 40362; 73 FR 9158; 74 FR 64124; 75 
FR 9484; 77 FR 10606; 79 FR 14328; 81 FR 20433):

Gene Bartlett, Jr., (VT);
Wayne H. Holt, (UT);
William B. Wilson, (KY).

    The drivers were included in docket numbers FMCSA-2002-12844; 
FMCSA-2005-23099. Their exemptions are applicable as of March 15, 2018, 
and will expire on March 15, 2020.
    As of March 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Glenn R. Theis (MN) has satisfied the renewal conditions for 
obtaining an exemption from the vision requirement in the FMCSRs for 
interstate CMV drivers (77 FR 5874; 77 FR 17117; 79 FR 13085; 81 FR 
20433).
    The driver was included in docket number FMCSA-2011-0366. The 
exemption is applicable as of March 23, 2018, and will expire on March 
23, 2020.
    As of March 31, 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 6242; 73 FR 16950; 75 FR 
9477; 77 FR 13689; 79 FR 14331; 81 FR 20433):

Gary W. Ellis (NC)
K. L. Guse (OH)
Steven W. Halsey (MO)
Thomas M. Leadbitter (PA)
Jonathan P. Lovel (IL)

    The drivers were included in docket number FMCSA-2007-0071. Their 
exemptions are applicable as of March 31, 2018, and will expire on 
March 31, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must undergo an annual physical examination (a) by an 
ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the requirements in 49 CFR 391.41(b)(10), 
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, 
who attests that the driver is otherwise physically qualified under 49 
CFR 391.41; (2) each driver must provide a copy of the 
ophthalmologist's or optometrist's report to the Medical Examiner at 
the time of the annual medical examination; and (3) each driver must 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file or keep a copy of his/her 
driver's qualification if he/her is self-employed. The driver must also 
have a copy of the exemption when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official. The exemption 
will be rescinded if: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315.

[[Page 6922]]

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 85 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: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03060 Filed 2-14-18; 8:45 am]
BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                          6919

                                                Background                                              DEPARTMENT OF TRANSPORTATION                            • Federal eRulemaking Portal: Go to
                                                                                                                                                              http://www.regulations.gov. Follow the
                                                   On January 19, 2018, FHWA posted a                   Federal Motor Carrier Safety                          online instructions for submitting
                                                Federal Register notice at 83 FR 2867                   Administration                                        comments.
                                                announcing a limitation of claims for
                                                                                                        [Docket No. FMCSA–1999–5578; FMCSA–                     • Mail: Docket Management Facility;
                                                the following highway project in the                    2001–10578; FMCSA–2002–12844; FMCSA–                  U.S. Department of Transportation, 1200
                                                State of Rhode Island: Toll Locations 1                 2003–14223; FMCSA–2003–16564; FMCSA–                  New Jersey Avenue SE, West Building
                                                and 2 in the Towns of Hopkinton,                        2005–21711; FMCSA–2005–22194; FMCSA–                  Ground Floor, Room W12–140,
                                                Richmond, and Exeter. The actions by                    2005–22727; FMCSA–2005–23099; FMCSA–                  Washington, DC 20590–0001.
                                                FHWA, and the laws under which such                     2006–24783; FMCSA–2007–0017; FMCSA–
                                                                                                        2007–0071; FMCSA–2007–27897; FMCSA–                     • Hand Delivery: West Building
                                                actions were taken, are described in the
                                                                                                        2009–0291; FMCSA–2009–0303; FMCSA–                    Ground Floor, Room W12–140, 1200
                                                Environmental Assessment (EA) for the                                                                         New Jersey Avenue SE, Washington,
                                                                                                        2011–0140; FMCSA–2011–0141; FMCSA–
                                                project approved on December 15, 2017,                  2011–0325; FMCSA–2011–0365; FMCSA–                    DC, between 9 a.m. and 5 p.m., ET,
                                                and a Finding of No Significant Impact                  2011–0366; FMCSA–2013–0168; FMCSA–                    Monday through Friday, except Federal
                                                (FONSI) issued on December 20, 2017.                    2013–0169; FMCSA–2013–0170; FMCSA–                    Holidays.
                                                The EA, FONSI, and other project                        2013–0174; FMCSA–2015–0053; FMCSA–
                                                                                                        2015–0055; FMCSA–2015–0056; FMCSA–                      • Fax: 1–202–493–2251.
                                                records are available by contacting
                                                FHWA or the Rhode Island Department                     2015–0070; FMCSA–2015–0072; FMCSA–                       Instructions: Each submission must
                                                                                                        2015–0344; FMCSA–2015–0345; FMCSA–                    include the Agency name and the
                                                of Transportation at the addresses                      2015–0347; FMCSA–2015–0348]
                                                provided above. The EA and FONSI can                                                                          docket number(s) for this notice. Note
                                                be viewed and downloaded from the                                                                             that all comments received will be
                                                                                                        Qualification of Drivers; Exemption
                                                project website at http://www.dot.ri.gov/                                                                     posted without change to http://
                                                                                                        Applications; Vision
                                                                                                                                                              www.regulations.gov, including any
                                                rhodeworks/.
                                                                                                        AGENCY: Federal Motor Carrier Safety                  personal information provided. Please
                                                   The January 19 notice incorrectly                    Administration (FMCSA), DOT.                          see the Privacy Act heading below for
                                                stated that FHWA assumed                                ACTION: Notice of renewal of                          further information.
                                                environmental responsibilities for this                 exemptions; request for comments.                        Docket: For access to the docket to
                                                project pursuant to 23 U.S.C. 327. The                                                                        read background documents or
                                                FHWA clarifies that 23 U.S.C. 327 is not                SUMMARY:   FMCSA announces its                        comments, go to http://
                                                applicable here and that Federal                        decision to renew exemptions for 85                   www.regulations.gov at any time or
                                                environmental review responsibilities                   individuals from the vision requirement               Room W12–140 on the ground level of
                                                remain with FHWA for this project.                      in the Federal Motor Carrier Safety                   the West Building, 1200 New Jersey
                                                That notice also incorrectly listed 5                   Regulations (FMCSRs) for interstate                   Avenue SE, Washington, DC, between 9
                                                Executive Orders in paragraph 10: E.O.                  commercial motor vehicle (CMV)                        a.m. and 5 p.m., ET, Monday through
                                                11514, Protection and Enhancement of                    drivers. The exemptions enable these                  Friday, except Federal holidays. The
                                                Environmental Quality; E.O. 11593,                      individuals to continue to operate CMVs               FDMS is available 24 hours each day,
                                                Protection and Enhancement of Cultural                  in interstate commerce without meeting                ET, 365 days each year. If you want
                                                                                                        the vision requirements in one eye.                   acknowledgment that we received your
                                                Resources; E.O. 13007, Indian Sacred
                                                Sites; E.O. 13287, Preserve America; and                DATES: Each group of renewed                          comments, please include a self-
                                                E.O. 13112, Invasive Species. The                       exemptions were applicable on the                     addressed, stamped envelope or
                                                FHWA clarifies that it only intended to                 dates stated in the discussions below                 postcard or print the acknowledgement
                                                                                                        and will expire on the dates stated in                page that appears after submitting
                                                list the following: E.O. 11990, Protection
                                                                                                        the discussions below. Comments must                  comments online.
                                                of Wetlands; E.O. 12898, Federal
                                                                                                        be received on or before March 19, 2018.
                                                Actions to Address Environmental                                                                                 Privacy Act: In accordance with 5
                                                                                                        ADDRESSES: You may submit comments                    U.S.C. 553(c), DOT solicits comments
                                                Justice in Minority Populations and Low
                                                                                                        bearing the Federal Docket Management                 from the public to better inform its
                                                Income Populations; E.O. 11988,
                                                                                                        System (FDMS) Docket No. FMCSA–                       rulemaking process. DOT posts these
                                                Floodplain Management; and E.O.
                                                                                                        1999–5578; FMCSA–2001–10578;                          comments, without edit, including any
                                                13175, Consultation and Coordination                    FMCSA–2002–12844; FMCSA–2003–
                                                with Indian Tribal Governments.                                                                               personal information the commenter
                                                                                                        14223; FMCSA–2003–16564; FMCSA–                       provides, to http://www.regulations.gov,
                                                   Authority: 23 U.S.C. 139(l)(1).                      2005–21711; FMCSA–2005–22194;                         as described in the system of records
                                                  Issued on: February 8, 2018.                          FMCSA–2005–22727; FMCSA–2005–                         notice (DOT/ALL–14 FDMS), which can
                                                                                                        23099; FMCSA–2006–24783; FMCSA–                       be reviewed at http://www.dot.gov/
                                                Carlos C. Machado,
                                                                                                        2007–0017; FMCSA–2007–0071;                           privacy.
                                                FHWA Rhode Island Division Administrator,               FMCSA–2007–27897; FMCSA–2009–
                                                Providence, Rhode Island.                               0291; FMCSA–2009–0303; FMCSA–                         FOR FURTHER INFORMATION CONTACT:     Ms.
                                                [FR Doc. 2018–03139 Filed 2–14–18; 8:45 am]             2011–0140; FMCSA–2011–0141;                           Christine A. Hydock, Chief, Medical
                                                BILLING CODE 4910–22–P                                  FMCSA–2011–0325; FMCSA–2011–                          Programs Division, 202–366–4001,
                                                                                                        0365; FMCSA–2011–0366; FMCSA–                         fmcsamedical@dot.gov, FMCSA,
                                                                                                        2013–0168; FMCSA–2013–0169;                           Department of Transportation, 1200
                                                                                                        FMCSA–2013–0170; FMCSA–2013–                          New Jersey Avenue SE, Room W64–224,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        0174; FMCSA–2015–0053; FMCSA–                         Washington, DC 20590–0001. Office
                                                                                                        2015–0055; FMCSA–2015–0056;                           hours are from 8:30 a.m. to 5 p.m., ET,
                                                                                                        FMCSA–2015–0070; FMCSA–2015–                          Monday through Friday, except Federal
                                                                                                        0072; FMCSA–2015–0344; FMCSA–                         holidays. If you have questions
                                                                                                        2015–0345; FMCSA–2015–0347;                           regarding viewing or submitting
                                                                                                        FMCSA–2015–0348 using any of the                      material to the docket, contact Docket
                                                                                                        following methods:                                    Services, telephone (202) 366–9826.


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                                                6920                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                I. Background                                           68 FR 19596; 68 FR 54775; 68 FR 69434;                obtaining an exemption from the vision
                                                   Under 49 U.S.C. 31136(e) and 31315,                  68 FR 74699; 69 FR 10503; 70 FR 7545;                 requirement in the FMCSRs for
                                                FMCSA may grant an exemption for five                   70 FR 25878; 70 FR 48797; 70 FR 48798;                interstate CMV drivers (64 FR 27027; 64
                                                years if it finds ‘‘such exemption would                70 FR 48799; 70 FR 48800; 70 FR 53412;                FR 51568; 66 FR 48504; 66 FR 53826;
                                                likely achieve a level of safety that is                70 FR 57353; 70 FR 71884; 70 FR 72689;                66 FR 66966; 68 FR 10301; 68 FR 19596;
                                                                                                        70 FR 74102; 71 FR 4194; 71 FR 4632;                  68 FR 54775; 68 FR 69434; 70 FR 25878;
                                                equivalent to or greater than the level
                                                                                                        71 FR 6829; 71 FR 13450; 71 FR 32183;                 70 FR 48797; 70 FR 48798; 70 FR 48799;
                                                that would be achieved absent such
                                                                                                        71 FR 41310; 72 FR 32705; 72 FR 40362;                70 FR 48800; 70 FR 53412; 70 FR 57353;
                                                exemption.’’ The statute also allows the
                                                                                                        72 FR 46261; 72 FR 54972; 72 FR 62896;                70 FR 71884; 70 FR 72689; 70 FR 74102;
                                                Agency to renew exemptions at the end
                                                                                                        72 FR 67340; 73 FR 1395; 73 FR 5259;                  71 FR 4632; 71 FR 32183; 71 FR 41310;
                                                of the five-year period. FMCSA grants
                                                                                                        73 FR 6242; 73 FR 6246; 73 FR 8392; 73                72 FR 32705; 72 FR 46261; 72 FR 54972;
                                                exemptions from the FMCSRs for a two-
                                                                                                        FR 9158; 73 FR 16950; 73 FR 60398; 74                 72 FR 62896; 72 FR 67340; 73 FR 1395;
                                                year period to align with the maximum
                                                                                                        FR 26464; 74 FR 43222; 74 FR 53581;                   73 FR 5259; 73 FR 6246; 73 FR 60398;
                                                duration of a driver’s medical
                                                                                                        74 FR 60021; 74 FR 60022; 74 FR 64124;                74 FR 26464; 74 FR 43222; 74 FR 53581;
                                                certification.
                                                                                                        74 FR 65842; 74 FR 65845; 75 FR 1450;                 74 FR 60021; 74 FR 60022; 74 FR 65842;
                                                   The physical qualification standard                  75 FR 1451; 75 FR 4623; 75 FR 8184; 75
                                                for drivers regarding vision found in 49                                                                      74 FR 65845; 75 FR 1450; 75 FR 1451;
                                                                                                        FR 9477; 75 FR 9482; 75 FR 9484; 76 FR                75 FR 4623; 75 FR 9482; 76 FR 34135;
                                                CFR 391.41(b)(10) states that a person is               34135; 76 FR 37169; 76 FR 50318; 76 FR
                                                physically qualified to driver a CMV if                                                                       76 FR 37169; 76 FR 50318; 76 FR 53710;
                                                                                                        53710; 76 FR 64171; 76 FR 75942; 76 FR                76 FR 64171; 76 FR 75942; 76 FR 75943;
                                                that person has distant visual acuity of                75943; 76 FR 78728; 77 FR 539; 77 FR
                                                at least 20/40 (Snellen) in each eye                                                                          76 FR 78728; 77 FR 539; 77 FR 543; 77
                                                                                                        543; 77 FR 545; 77 FR 3552; 77 FR 3554;               FR 545; 77 FR 3554; 77 FR 10604; 77 FR
                                                without corrective lenses or visual                     77 FR 5874; 77 FR 7233; 77 FR 10604;
                                                acuity separately corrected to 20/40                                                                          10608; 78 FR 63302; 78 FR 64274; 78 FR
                                                                                                        77 FR 10606; 77 FR 10608; 77 FR 13689;                67452; 78 FR 67454; 78 FR 68137; 78 FR
                                                (Snellen) or better with corrective                     77 FR 13691; 77 FR 17117; 78 FR 63302;
                                                lenses, distant binocular acuity of a least                                                                   76704; 78 FR 76705; 78 FR 76707; 78 FR
                                                                                                        78 FR 64274; 78 FR 67452; 78 FR 67454;                77778; 78 FR 77780; 78 FR 77782; 78 FR
                                                20/40 (Snellen) in both eyes with or                    78 FR 68137; 78 FR 76704; 78 FR 76705;
                                                without corrective lenses, field of vision                                                                    78475; 78 FR 78477; 79 FR 3919; 79 FR
                                                                                                        78 FR 76707; 78 FR 77778; 78 FR 77780;                4531; 79 FR 4803; 79 FR 6993; 79 FR
                                                of at least 70° in the horizontal meridian              78 FR 77782; 78 FR 78475; 78 FR 78477;
                                                in each eye, and the ability to recognize                                                                     10619; 80 FR 40122; 80 FR 44188; 80 FR
                                                                                                        79 FR 1908; 79 FR 3919; 79 FR 4531; 79                59230; 80 FR 62161; 80 FR 62163; 80 FR
                                                the colors of traffic signals and devices               FR 4803; 79 FR 6993; 79 FR 10602; 79
                                                showing red, green, and amber.                                                                                67476; 80 FR 67481; 80 FR 70060; 80 FR
                                                                                                        FR 10619; 79 FR 12565; 79 FR 13085;                   76345; 80 FR 79414; 80 FR 80443; 81 FR
                                                   The 85 individuals listed in this                    79 FR 14328; 79 FR 14331; 79 FR 14333;
                                                notice have requested renewal of their                                                                        1284; 81 FR 1474; 81 FR 15401; 81 FR
                                                                                                        80 FR 40122; 80 FR 44188; 80 FR 59230;                15404; 81 FR 16265; 81 FR 20433; 81 FR
                                                exemptions from the vision standard in                  80 FR 62161; 80 FR 62163; 80 FR 67476;
                                                49 CFR 391.41(b)(10), in accordance                                                                           44680; 81 FR 48493; 81 FR 60117):
                                                                                                        80 FR 67481; 80 FR 70060; 80 FR 76345;
                                                with FMCSA procedures. Accordingly,                                                                           John P. Bails (IA)
                                                                                                        80 FR 79414; 80 FR 80443; 81 FR 1284;
                                                FMCSA has evaluated these                               81 FR 1474; 81 FR 6573; 81 FR 15401;                  Garry A. Baker (OH)
                                                applications for renewal on their merits                81 FR 15404; 81 FR 16265; 81 FR 20433;                Howard D. Barton (IN)
                                                and decided to extend each exemption                    81 FR 28136; 81 FR 44680; 81 FR 48493;                Craig J. Belles (NY)
                                                for a renewable two-year period.                        81 FR 60117). They have submitted                     Steven A. Blinco (MT)
                                                                                                        evidence showing that the vision in the               Cris D. Bush (TN)
                                                II. Request for Comments                                                                                      Johnnie E. Byler (PA)
                                                                                                        better eye continues to meet the
                                                  Interested parties or organizations                   requirement specified at 49 CFR                       Stewart K. Clayton (TX)
                                                possessing information that would                       391.41(b)(10) and that the vision                     David N. Cleveland (ME)
                                                otherwise show that any, or all, of these               impairment is stable. In addition, a                  James J. Coffield (NM)
                                                drivers are not currently achieving the                 review of each record of safety while                 Richard A. Congdon, Jr. (OR)
                                                statutory level of safety should                        driving with the respective vision                    Albion C. Doe, Sr. (NH)
                                                immediately notify FMCSA. The                           deficiencies over the past two years                  Bruce J. Dowd (CT)
                                                Agency will evaluate any adverse                        indicates each applicant continues to                 David E. Evans (NC)
                                                evidence submitted and, if safety is                    meet the vision exemption                             Mark A. Farnsley (IN)
                                                being compromised or if continuation of                 requirements. These factors provide an                Jason L. Hoovan (UT)
                                                the exemption would not be consistent                   adequate basis for predicting each                    Amos W. Husley (AL)
                                                with the goals and objectives of 49                     driver’s ability to continue to drive                 Darryl H. Johnson (WV)
                                                U.S.C. 31136(e) and 31315, FMCSA will                   safely in interstate commerce.                        Freddie H. Johnson (ID)
                                                take immediate steps to revoke the                      Therefore, FMCSA concludes that                       David B. Jones (FL)
                                                exemption of a driver.                                  extending the exemption for each                      Alfred Keehn (AZ)
                                                                                                        renewal applicant for a period of two                 Volga Kirkwood (MO)
                                                III. Basis for Renewing Exemptions                                                                            Michael S. Maki (MN)
                                                                                                        years is likely to achieve a level of safety
                                                  Under 49 U.S.C. 31315(b)(1), an                       equal to that existing without the                    Kevin D. Mendoza (WA)
                                                exemption may be granted for no longer                  exemption.                                            Ralph S. Miller (WV)
                                                than two years from its approval date                     In accordance with 49 U.S.C. 31136(e)               John M. Moore (PA)
                                                and may be renewed upon application.                                                                          Kenneth R. Murphy (WA)
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                                                                                                        and 31315, the following groups of
                                                In accordance with 49 U.S.C. 31136(e)                   drivers received renewed exemptions in                Millard F. Neace, II (WV)
                                                and 31315, each of the 85 applicants has                the month of March and are discussed                  William E. Norris (NC)
                                                satisfied the renewal conditions for                    below:                                                Daniel F. Perez (CA)
                                                obtaining an exemption from the vision                    As of March 2, 2018, and in                         Dean B. Ponte (MA)
                                                requirement (64 FR 27027; 64 FR 51568;                  accordance with 49 U.S.C. 31136(e) and                Jack E. Potts, Jr. (PA)
                                                66 FR 48504; 66 FR 53826; 66 FR 66966;                  31315, the following 49 individuals                   Richard E. Purvenas, Jr. (DE)
                                                67 FR 68719; 68 FR 2629; 68 FR 10301;                   have satisfied the renewal conditions for             Robert C. Reid (KY)


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                                                                            Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                           6921

                                                Steven S. Reinsvold (WI)                                7, 2018, and will expire on March 7,                  31315, Glenn R. Theis (MN) has
                                                Glenn T. Riley (OH)                                     2020.                                                 satisfied the renewal conditions for
                                                Migeul A. Sanchez (NM)                                     As of March 10, 2018, and in                       obtaining an exemption from the vision
                                                Donald L. Schoendienst (MO)                             accordance with 49 U.S.C. 31136(e) and                requirement in the FMCSRs for
                                                Tigran Semerjyan (CA)                                   31315, the following nine individuals                 interstate CMV drivers (77 FR 5874; 77
                                                James A. Shepard (NY)                                   have satisfied the renewal conditions for             FR 17117; 79 FR 13085; 81 FR 20433).
                                                Robert L. Simpson (NC)                                  obtaining an exemption from the vision                  The driver was included in docket
                                                John R. Snyder (WA)                                     requirement in the FMCSRs for                         number FMCSA–2011–0366. The
                                                Timothy R. Steckman (IL)                                interstate CMV drivers (81 FR 6573; 81                exemption is applicable as of March 23,
                                                Warren Supulski (NC)                                    FR 28136):                                            2018, and will expire on March 23,
                                                Dustin W. Tharp (IA)                                                                                          2020.
                                                                                                        Thomas M. Bowman (OH)
                                                Kirk A. Thelen (MI)
                                                                                                        Robert W. Fawcett (PA)                                  As of March 31, 2018, and in
                                                Robert E. Whitney (IL)
                                                                                                        Harry J. Glynn (LA)                                   accordance with 49 U.S.C. 31136(e) and
                                                Reginald Wuethrich (IL)
                                                Chadwick L. Wyatt (NC)                                  Cody N. McDonnell (OR)                                31315, the following five individuals
                                                                                                        Dennis C. Rokes (IA)                                  have satisfied the renewal conditions for
                                                  The drivers were included in docket                   Brian W. Roughton (MO)                                obtaining an exemption from the vision
                                                numbers FMCSA–1999–5578; FMCSA–                         Steven A. Van Raalte (IL)                             requirement in the FMCSRs for
                                                2001–10578; FMCSA–2003–14223;                           Marvin L. Wernimont (IA)                              interstate CMV drivers (73 FR 6242; 73
                                                FMCSA–2005–21711; FMCSA–2005–                           Brian J. Yole (TX)                                    FR 16950; 75 FR 9477; 77 FR 13689; 79
                                                22194; FMCSA–2005–22727; FMCSA–                                                                               FR 14331; 81 FR 20433):
                                                2006–24783; FMCSA–2007–0017;                               The drivers were included in docket
                                                FMCSA–2007–27897; FMCSA–2009–                           number FMCSA–2015–0348. Their                         Gary W. Ellis (NC)
                                                0291; FMCSA–2009–0303; FMCSA–                           exemptions are applicable as of March                 K. L. Guse (OH)
                                                2011–0140; FMCSA–2011–0141;                             10, 2018, and will expire on March 10,                Steven W. Halsey (MO)
                                                FMCSA–2011–0325; FMCSA–2013–                            2020.                                                 Thomas M. Leadbitter (PA)
                                                0168; FMCSA–2013–0169; FMCSA–                              As of March 13, 2018, and in
                                                                                                                                                              Jonathan P. Lovel (IL)
                                                2013–0170; FMCSA–2015–0053;                             accordance with 49 U.S.C. 31136(e) and
                                                                                                        31315, the following nine individuals                   The drivers were included in docket
                                                FMCSA–2015–0055; FMCSA–2015–                                                                                  number FMCSA–2007–0071. Their
                                                0056; FMCSA–2015–0070; FMCSA–                           have satisfied the renewal conditions for
                                                                                                        obtaining an exemption from the vision                exemptions are applicable as of March
                                                2015–0072; FMCSA–2015–0344;                                                                                   31, 2018, and will expire on March 31,
                                                FMCSA–2015–0345; FMCSA–2015–                            requirement in the FMCSRs for
                                                                                                        interstate CMV drivers (79 FR 1908; 79                2020.
                                                0347. Their exemptions are applicable
                                                as of March 2, 2018, and will expire on                 FR 14333; 81 FR 20433):                               IV. Conditions and Requirements
                                                March 2, 2020.                                          Norvan D. Brown (IA)
                                                                                                        Jackie K. Curlin (KY)                                   The exemptions are extended subject
                                                  As of March 5, 2018, and in                                                                                 to the following conditions: (1) Each
                                                accordance with 49 U.S.C. 31136(e) and                  Justin W. Demarchi (OH)
                                                                                                        Jimmey C. Harris (TX)                                 driver must undergo an annual physical
                                                31315, the following six individuals                                                                          examination (a) by an ophthalmologist
                                                have satisfied the renewal conditions for               David G. Henry (TX)
                                                                                                        Rogelio C. Hernandez (CA)                             or optometrist who attests that the
                                                obtaining an exemption from the vision                                                                        vision in the better eye continues to
                                                requirement in the FMCSRs for                           Harold D. Pressley (TX)
                                                                                                        Jason C. Sadler (KY)                                  meet the requirements in 49 CFR
                                                interstate CMV drivers (68 FR 74699; 69                                                                       391.41(b)(10), and (b) by a certified
                                                FR 10503; 70 FR 57353; 70 FR 72689;                     Michael O. Thomas (NC)
                                                                                                                                                              Medical Examiner, as defined by 49 CFR
                                                71 FR 6829; 73 FR 8392; 75 FR 8184; 77                     The drivers were included in docket                390.5, who attests that the driver is
                                                FR 7233; 79 FR 10602; 81 FR 20433):                     number FMCSA–2013–0174. Their                         otherwise physically qualified under 49
                                                Barton C. Caldara (WI)                                  exemptions are applicable as of March                 CFR 391.41; (2) each driver must
                                                Allan Darley (UT)                                       13, 2018, and will expire on March 13,                provide a copy of the ophthalmologist’s
                                                Richard Hailey, Jr. (DC)                                2020.                                                 or optometrist’s report to the Medical
                                                Robert V. Hodges (IL)                                      As of March 15, 2018, and in                       Examiner at the time of the annual
                                                Edward D. Pickle (GA)                                   accordance with 49 U.S.C. 31136(e) and                medical examination; and (3) each
                                                James T. Worthham, Jr. (GA)                             31315, the following three individuals                driver must provide a copy of the
                                                  The drivers were included in docket                   have satisfied the renewal conditions for             annual medical certification to the
                                                numbers FMCSA–2003–16564;                               obtaining an exemption from the vision                employer for retention in the driver’s
                                                FMCSA–2005–22194. Their exemptions                      requirement in the FMCSRs for                         qualification file or keep a copy of his/
                                                are applicable as of March 5, 2018, and                 interstate CMV drivers (67 FR 68719; 68               her driver’s qualification if he/her is
                                                will expire on March 5, 2020.                           FR 2629; 70 FR 7545; 71 FR 4194; 71 FR                self-employed. The driver must also
                                                  As of March 7, 2018, and in                           13450; 72 FR 40362; 73 FR 9158; 74 FR                 have a copy of the exemption when
                                                accordance with 49 U.S.C. 31136(e) and                  64124; 75 FR 9484; 77 FR 10606; 79 FR                 driving, for presentation to a duly
                                                31315, the following three individuals                  14328; 81 FR 20433):                                  authorized Federal, State, or local
                                                have satisfied the renewal conditions for               Gene Bartlett, Jr., (VT);                             enforcement official. The exemption
                                                obtaining an exemption from the vision                  Wayne H. Holt, (UT);                                  will be rescinded if: (1) The person fails
                                                requirement in the FMCSRs for                           William B. Wilson, (KY).                              to comply with the terms and
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                                                interstate CMV drivers (77 FR 3552; 77                     The drivers were included in docket                conditions of the exemption; (2) the
                                                FR 13691; 79 FR 12565; 81 FR 20433):                    numbers FMCSA–2002–12844;                             exemption has resulted in a lower level
                                                Samuel V. Holder, (IL); Jake F. Richter,                FMCSA–2005–23099. Their exemptions                    of safety than was maintained before it
                                                (KS); Robert J. Townsley, (VA).                         are applicable as of March 15, 2018, and              was granted; or (3) continuation of the
                                                  The drivers were included in docket                   will expire on March 15, 2020.                        exemption would not be consistent with
                                                number FMCSA–2011–0365. Their                              As of March 23, 2018, and in                       the goals and objectives of 49 U.S.C.
                                                exemptions are applicable as of March                   accordance with 49 U.S.C. 31136(e) and                31136(e) and 31315.


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                                                6922                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                V. Preemption                                           the discussions below. Comments must                  page that appears after submitting
                                                   During the period the exemption is in                be received on or before March 19, 2018.              comments online.
                                                effect, no State shall enforce any law or               ADDRESSES: You may submit comments                       Privacy Act: In accordance with 5
                                                regulation that conflicts with this                     bearing the Federal Docket Management                 U.S.C. 553(c), DOT solicits comments
                                                exemption with respect to a person                      System (FDMS) Docket No. FMCSA–                       from the public to better inform its
                                                operating under the exemption.                          1998–4334; FMCSA–1999–5748;                           rulemaking process. DOT posts these
                                                                                                        FMCSA–1999–6156; FMCSA–2000–                          comments, without edit, including any
                                                VI. Conclusion                                          7006; FMCSA–2001–10578; FMCSA–                        personal information the commenter
                                                  Based upon its evaluation of the 85                   2003–15268; FMCSA–2003–15892;                         provides, to http://www.regulations.gov,
                                                exemption applications, FMCSA renews                    FMCSA–2005–21711; FMCSA–2005–                         as described in the system of records
                                                the exemptions of the aforementioned                    22194; FMCSA–2005–22727; FMCSA–                       notice (DOT/ALL–14 FDMS), which can
                                                drivers from the vision requirement in                  2006–24015; FMCSA–2007–0017;                          be reviewed at http://www.dot.gov/
                                                49 CFR 391.41(b)(10), subject to the                    FMCSA–2007–27897; FMCSA–2007–                         privacy.
                                                requirements cited above. In accordance                 28695; FMCSA–2007–29019; FMCSA–
                                                with 49 U.S.C. 31136(e) and 31315, each                 2009–0121; FMCSA–2009–0303;                           FOR FURTHER INFORMATION CONTACT:     Ms.
                                                exemption will be valid for two years                   FMCSA–2011–0189; FMCSA–2011–                          Christine A. Hydock, Chief, Medical
                                                unless revoked earlier by FMCSA.                        0298; FMCSA–2011–0299; FMCSA–                         Programs Division, 202–366–4001,
                                                  Issued on: February 7, 2018.                          2011–26690; FMCSA–2013–0029;                          fmcsamedical@dot.gov, FMCSA,
                                                                                                        FMCSA–2013–0165; FMCSA–2013–                          Department of Transportation, 1200
                                                Larry W. Minor,
                                                                                                        0166; FMCSA–2013–0167; FMCSA–                         New Jersey Avenue SE, Room W64–224,
                                                Associate Administrator for Policy.
                                                                                                        2013–0168; FMCSA–2013–0169;                           Washington, DC 20590–0001. Office
                                                [FR Doc. 2018–03060 Filed 2–14–18; 8:45 am]                                                                   hours are from 8:30 a.m. to 5 p.m., e.t.,
                                                                                                        FMCSA–2013–0170; FMCSA–2015–
                                                BILLING CODE 4910–EX–P
                                                                                                        0049; FMCSA–2015–0056; FMCSA–                         Monday through Friday, except Federal
                                                                                                        2015–0070; FMCSA–2015–0071;                           holidays. If you have questions
                                                                                                        FMCSA–2015–0072; FMCSA–2015–                          regarding viewing or submitting
                                                DEPARTMENT OF TRANSPORTATION                                                                                  material to the docket, contact Docket
                                                                                                        0344; FMCSA–2015–0345 using any of
                                                Federal Motor Carrier Safety                            the following methods:                                Services, telephone (202) 366–9826.
                                                Administration                                             • Federal eRulemaking Portal: Go to                I. Background
                                                                                                        http://www.regulations.gov. Follow the
                                                [Docket No. FMCSA–1998–4334; FMCSA–                     online instructions for submitting                       Under 49 U.S.C. 31136(e) and 31315,
                                                1999–5748; FMCSA–1999–6156; FMCSA–                      comments.                                             FMCSA may grant an exemption for five
                                                2000–7006; FMCSA–2001–10578; FMCSA–
                                                2003–15268; FMCSA–2003–15892; FMCSA–                       • Mail: Docket Management Facility;                years if it finds ‘‘such exemption would
                                                2005–21711; FMCSA–2005–22194; FMCSA–                    U.S. Department of Transportation, 1200               likely achieve a level of safety that is
                                                2005–22727; FMCSA–2006–24015; FMCSA–                    New Jersey Avenue SE, West Building                   equivalent to or greater than the level
                                                2007–0017; FMCSA–2007–27897; FMCSA–                     Ground Floor, Room W12–140,                           that would be achieved absent such
                                                2007–28695; FMCSA–2007–29019; FMCSA–                    Washington, DC 20590–0001.                            exemption.’’ The statute also allows the
                                                2009–0121; FMCSA–2009–0303; FMCSA–                         • Hand Delivery: West Building                     Agency to renew exemptions at the end
                                                2011–0189; FMCSA–2011–0298; FMCSA–                      Ground Floor, Room W12–140, 1200                      of the five-year period. FMCSA grants
                                                2011–0299; FMCSA–2011–26690; FMCSA–                                                                           exemptions from the FMCSRs for a two-
                                                2013–0029; FMCSA–2013–0165; FMCSA–
                                                                                                        New Jersey Avenue SE, Washington,
                                                                                                        DC, between 9 a.m. and 5 p.m., e.t.,                  year period to align with the maximum
                                                2013–0166; FMCSA–2013–0167; FMCSA–                                                                            duration of a driver’s medical
                                                2013–0168; FMCSA–2013–0169; FMCSA–                      Monday through Friday, except Federal
                                                2013–0170; FMCSA–2015–0049; FMCSA–                      Holidays.                                             certification.
                                                2015–0056; FMCSA–2015–0070; FMCSA–                         • Fax: 1–202–493–2251.                                The physical qualification standard
                                                2015–0071; FMCSA–2015–0072; FMCSA–                         Instructions: Each submission must                 for drivers regarding vision found in 49
                                                2015–0344; FMCSA–2015–0345]                                                                                   CFR 391.41(b)(10) states that a person is
                                                                                                        include the Agency name and the
                                                                                                        docket number(s) for this notice. Note                physically qualified to driver a CMV if
                                                Qualification of Drivers; Exemption                                                                           that person has distant visual acuity of
                                                Applications; Vision                                    that all comments received will be
                                                                                                        posted without change to http://                      at least 20/40 (Snellen) in each eye
                                                AGENCY: Federal Motor Carrier Safety                    www.regulations.gov, including any                    without corrective lenses or visual
                                                Administration (FMCSA), DOT.                            personal information provided. Please                 acuity separately corrected to 20/40
                                                ACTION: Notice of renewal of                            see the Privacy Act heading below for                 (Snellen) or better with corrective
                                                exemptions; request for comments.                       further information.                                  lenses, distant binocular acuity of a least
                                                                                                           Docket: For access to the docket to                20/40 (Snellen) in both eyes with or
                                                SUMMARY:   FMCSA announces its                          read background documents or                          without corrective lenses, field of vision
                                                decision to renew exemptions for 113                    comments, go to http://                               of at least 70° in the horizontal meridian
                                                individuals from the vision requirement                 www.regulations.gov at any time or                    in each eye, and the ability to recognize
                                                in the Federal Motor Carrier Safety                     Room W12–140 on the ground level of                   the colors of traffic signals and devices
                                                Regulations (FMCSRs) for interstate                     the West Building, 1200 New Jersey                    showing red, green, and amber.
                                                commercial motor vehicle (CMV)                          Avenue SE, Washington, DC, between 9                     The 113 individuals listed in this
                                                drivers. The exemptions enable these                    a.m. and 5 p.m., e.t., Monday through                 notice have requested renewal of their
sradovich on DSK3GMQ082PROD with NOTICES




                                                individuals to continue to operate CMVs                 Friday, except Federal holidays. The                  exemptions from the vision standard in
                                                in interstate commerce without meeting                  FDMS is available 24 hours each day,                  49 CFR 391.41(b)(10), in accordance
                                                the vision requirements in one eye.                     e.t., 365 days each year. If you want                 with FMCSA procedures. Accordingly,
                                                DATES: Each group of renewed                            acknowledgment that we received your                  FMCSA has evaluated these
                                                exemptions were applicable on the                       comments, please include a self-                      applications for renewal on their merits
                                                dates stated in the discussions below                   addressed, stamped envelope or                        and decided to extend each exemption
                                                and will expire on the dates stated in                  postcard or print the acknowledgement                 for a renewable two-year period.


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Document Created: 2018-02-15 00:20:49
Document Modified: 2018-02-15 00:20:49
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 March 19, 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. I. Background
FR Citation83 FR 6919 

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