83 FR 6922 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 32 (February 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 32 (February 15, 2018)
| Page Range | 6922-6925 | |
| FR Document | 2018-03042 |
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)] [Notices] [Pages 6922-6925] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03042] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1998-4334; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA- 2000-7006; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA- 2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0303; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2015-0049; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345] 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 113 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-1998-4334; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2000-7006; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2009-0303; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2015-0049; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, e.t., 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. 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 113 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. [[Page 6923]] 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 113 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (57 FR 57266; 63 FR 66226; 64 FR 16517; 64 FR 40404; 64 FR 54948; 64 FR 66962; 65 FR 159; 65 FR 57230; 66 FR 41656; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102; 68 FR 52811; 68 FR 54775; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR 51346; 69 FR 62741; 70 FR 48797; 70 FR 48801; 70 FR 50799; 70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR 14566; 71 FR 30227; 71 FR 4632; 71 FR 50970; 71 FR 62147; 71 FR 644; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 52421; 72 FR 54971; 72 FR 54972; 72 FR 58359; 72 FR 58362; 72 FR 62896; 72 FR 62897; 72 FR 64273; 72 FR 67340; 72 FR 67344; 72 FR 71995; 73 FR 1395; 73 FR 20245; 73 FR 27014; 73 FR 48269; 73 FR 5259; 73 FR 75806; 74 FR 26461; 74 FR 34630; 74 FR 41971; 74 FR 43221; 74 FR 43223; 74 FR 49069; 74 FR 57553; 74 FR 60021; 74 FR 60022; 74 FR 62632; 74 FR 64124; 74 FR 65845; 74 FR 65847; 75 FR 1451; 75 FR 4623; 75 FR 50799; 75 FR 8184; 76 FR 37168; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 55469; 76 FR 62143; 76 FR 64169; 76 FR 67246; 76 FR 70210; 76 FR 70212; 76 FR 70213; 76 FR 70215; 76 FR 73769; 76 FR 75942; 76 FR 75943; 76 FR 78728; 76 FR 79760; 76 FR 8809; 77 FR 17108; 77 FR 3547; 77 FR 541; 77 FR 543; 77 FR 545; 78 FR 18667; 78 FR 34143; 78 FR 47818; 78 FR 51268; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64271; 78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 74223; 78 FR 76395; 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 2247; 79 FR 2748; 79 FR 4803; 80 FR 16500; 80 FR 31636; 80 FR 37718; 80 FR 48413; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 63829; 80 FR 63869; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 79414; 80 FR 80443; 81 FR 11642; 81 FR 1284; 81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 44680; 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 January and are discussed below: As of January 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 56 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (57 FR 57266; 63 FR 66226; 64 FR 16517; 64 FR 40404; 64 FR 54948; 64 FR 66962; 65 FR 159; 65 FR 57230; 66 FR 41656; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102; 68 FR 52811; 68 FR 54775; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR 51346; 69 FR 62741; 70 FR 48797; 70 FR 50799; 70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 72689; 70 FR 74102; 71 FR 14566; 71 FR 30227; 71 FR 50970; 71 FR 62147; 71 FR 644; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 52421; 72 FR 54971; 72 FR 54972; 72 FR 58362; 72 FR 62896; 72 FR 62897; 72 FR 64273; 72 FR 67344; 72 FR 71995; 73 FR 20245; 73 FR 27014; 73 FR 48269; 73 FR 75806; 74 FR 26461; 74 FR 34630; 74 FR 41971; 74 FR 43221; 74 FR 43223; 74 FR 49069; 74 FR 57553; 74 FR 60021; 74 FR 62632; 74 FR 65847; 75 FR 50799; 75 FR 8184; 76 FR 37168; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 55469; 76 FR 62143; 76 FR 64169; 76 FR 67246; 76 FR 70210; 76 FR 70212; 76 FR 70215; 76 FR 75942; 76 FR 75943; 76 FR 79760; 76 FR 8809; 77 FR 17108; 78 FR 18667; 78 FR 34143; 78 FR 47818; 78 FR 51268; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 76395; 78 FR 76705; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 80 FR 16500; 80 FR 31636; 80 FR 37718; 80 FR 48413; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 63829; 80 FR 63869; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 80443; 81 FR 11642; 81 FR 1284; 81 FR 15401; 81 FR 15404; 81 FR 16265): Juan A. Adame (TX) Woodrow E. Bohley (MO) Jason W. Bowers (OR) Kenneth E. Bross (MO) Stacey J. Buckingham (ID) Edwin L. Bupp (PA) Benny J. Burke (AL) Ryan J. Burnworth (MO) Michael D. Champion (VT) Ryan M. Coelho (RI) David J. Comeaux (LA) Brian W. Cordell (TX) Aubrey R. Cordrey, Jr. (DE) Thomas R. Crocker (SC) Stephen W. Deminie (TX) Brad M. Donald (MI) John E. Gannon, Jr. (NV) Charles D. Grady (GA) Louis M. Hankins (IL) Trevor M. Hilton (IL) Randy L. Huelster (OK) Jeffrey A. Keefer (OH) Carol Kelly (IN) Karen L. Kelly (DE) Martin D. Keough (NY) William E. Leimkuehler (OK) Michael S. Lewis (NC) Richard L. Loeffelholz (WI) Raul Martinez (FL) Herman C. Mash (NC) Christopher V. May (GA) Terry W. Moore (LA) Richard W. O'Neill (WA) John R. Price (AR) Thomas J. Prusik (NJ) Francis D. Reginald (NJ) Louis A. Requena (NY) Daniel T. Rhodes (IL) Michael J. Robinson (WV) Juan A. Rodriguez (CT) Ronald L. Roy (IL) Glen M. Schulz (IA) Jarrod R. Seirer (KS) Levi A. Shetler (OH) Roye T. Skelton (MS) Rick E. Smith (IL) Juan E. Sotero (FL) Paul D. Stoddard (NY) Aaron M. Vernon (OH) Cesar Villa (NM) Larry J. Waldner (SD) Stephen H. Ward (MO) Karl A. Weinert (NY) Dennis E. White (PA) Lorenzo A. Williams (DE) Walter M. Yohn, Jr. (AL) The drivers were included in docket numbers FMCSA-1998-4334; FMCSA- 1999-5748; FMCSA-1999-6156; [[Page 6924]] FMCSA-2000-7006; FMCSA-2001-10578; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2006-24015; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2007-29019; FMCSA-2009-0121; FMCSA-2011-0189; FMCSA-2011-26690; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2015-0049; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072. Their exemptions are applicable as of January 3, 2018, and will expire on January 3, 2020. As of January 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, George G. Ulferts, Jr. (IA) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (76 FR 70213; 77 FR 541; 78 FR 74223; 80 FR 80443). The driver was included in docket number FMCSA-2011-0298. The exemption is applicable as of January 5, 2018, and will expire on January 5, 2020. As of January 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (72 FR 67340; 73 FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704; 80 FR 76345; 80 FR 80443; 81 FR 60117): Thomas G. Ashbrook (NY) Wayne A. Burnett (NC) George R. Cornell (OH) Thomas E. Gross (PA) Ethan A. Hale (KY) Steven G. Hall (NC) Jason Huddleston (TX) Boleslaw Makowski (WI) Anthony D. Ovitt (VT) Martin Postma (IL) Phillip D. Satterfield (GA) George E. Todd (WV) Eric C. Weidley (PA) The drivers were included in docket numbers FMCSA-2007-0017; FMCSA- 2015-0344. Their exemptions are applicable as of January 8, 2018, and will expire on January 8, 2020. As of January 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Juan R. Andrade (TX) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 64271; 79 FR 2748; 80 FR 80443). The driver was included in docket number FMCSA-2013-0167. The exemption is applicable as of January 9, 2018, and will expire on January 9, 2020. As of January 15, 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 (78 FR 64271; 79 FR 2748; 80 FR 80443): Ronald C. Ashley (GA) Miguel A. Calderon (CA) Terry L. Cliffe (IL) Adam S. Larson (CO) Glenn H. Lewis (OH) Leonardo Lopez (NE) Roy A. Whitaker (TX) Sammy D. Wynn (GA) The drivers were included in docket number FMCSA-2013-0167. Their exemptions are applicable as of January 15, 2018, and will expire on January 15, 2020. As of January 21, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 79414; 81 FR 44680): Gary L. Best (MI) Therron K. Billings (VA) Russell A. Wilkinson (FL) Timothy W. Youngblood, Jr. (TX) The drivers were included in docket number FMCSA-2015-0345. Their exemptions are applicable as of January 21, 2018, and will expire on January 21, 2020. As of January 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Leonard A. Martin (NV) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 81 FR 15401). The driver was included in docket number FMCSA-2013-0170. The exemption is applicable as of January 23, 2018, and will expire on January 23, 2020. As of January 24, 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 (76 FR 70213; 76 FR 73769; 77 FR 3547; 77 FR 541; 79 FR 2247; 80 FR 80443): Adam O. Carson (MS) Marion J. Coleman, Jr. (KY) Lex A. Fabrizio (UT) Mark A. Ferris (IA) Roger W. Hammack (AL) The drivers were included in docket numbers FMCSA-2011-0298; FMCSA- 2011-0299. Their exemptions are applicable as of January 24, 2018, and will expire on January 24, 2020. As of January 27, 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 (68 FR 52811; 68 FR 61860; 70 FR 48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 71 FR 4632; 72 FR 58359; 72 FR 62897; 73 FR 1395; 73 FR 5259; 74 FR 60021; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR 78475; 80 FR 80443): Arthur L. Bousema (CA) Norman E. Braden (CO) Matthew W. Daggs (MO) Donald R. Date, Jr. (MD) John E. Kimmet, Jr. (WA) Jason L. Light (ID) Michael J. Richard (LA) Robert E. Sanders (PA) Robert A. Sherry (PA) The drivers were included in docket numbers FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions are applicable as of January 27, 2018, and will expire on January 27, 2020. As of January 28, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (74 FR 60022; 75 FR 4623; 77 FR 543; 78 FR 76707; 80 FR 80443): James A. DuBay (MI) Donald E. Halvorson (NM) Phillip J.C. Locke (CO) Brian T. Nelson (MN) The drivers were included in docket number FMCSA-2009-0303. Their exemptions are applicable as of January 28, 2018, and will expire on January 28, 2020. As of January 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 80 FR 80443): Calvin J. Barbour (NY) Martin D. Bellcour (WI) Walter A. Breeze (OH) Donald G. Carstensen (IA) Jamie D. Daniels (IA) Michael L. Fiamingo (PA) Randall Hjelmtveit (MN) Randy G. Kinney (IL) Hector Marquez (TX) Hersehl D. Volentine (LA) [[Page 6925]] Gary D. Vollertsen (CO) The drivers were included in docket number FMCSA-2013-0170. Their exemptions are applicable as of January 29, 2018, and will expire on January 29, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self- employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 113 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. 2018-03042 Filed 2-14-18; 8:45 am] BILLING CODE 4910-EX-P
![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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![Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices 6925
Gary D. Vollertsen (CO) DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
The drivers were included in docket Federal Motor Carrier Safety online instructions for submitting
number FMCSA–2013–0170. Their Administration comments.
exemptions are applicable as of January
29, 2018, and will expire on January 29, [Docket No. FMCSA–1999–5748; FMCSA– • Mail: Docket Management Facility;
2020. 2003–15268; FMCSA–2003–15892; FMCSA– U.S. Department of Transportation, 1200
2005–21711; FMCSA–2005–22194; FMCSA– New Jersey Avenue SE, West Building
IV. Conditions and Requirements 2005–22727; FMCSA–2006–26653; FMCSA– Ground Floor, Room W12–140,
2007–0017; FMCSA–2007–27897; FMCSA– Washington, DC 20590–0001.
The exemptions are extended subject 2007–29019; FMCSA–2009–0154; FMCSA– • Hand Delivery: West Building
to the following conditions: (1) Each 2009–0303; FMCSA–2011–0140; FMCSA–
Ground Floor, Room W12–140, 1200
driver must undergo an annual physical 2011–0275; FMCSA–2011–0298; FMCSA–
2011–0325; FMCSA–2013–0028; FMCSA– New Jersey Avenue SE, Washington,
examination (a) by an ophthalmologist DC, between 9 a.m. and 5 p.m., ET,
or optometrist who attests that the 2013–0029; FMCSA–2013–0165; FMCSA–
2013–0166; FMCSA–2013–0167; FMCSA– Monday through Friday, except Federal
vision in the better eye continues to Holidays.
2013–0168; FMCSA–2013–0169; FMCSA–
meet the requirements in 49 CFR 2013–0170; FMCSA–2013–0174; FMCSA– • Fax: 1–202–493–2251.
391.41(b)(10), and (b) by a certified 2014–0304; FMCSA–2015–0053; FMCSA– Instructions: Each submission must
Medical Examiner, as defined by 49 CFR 2015–0056; FMCSA–2015–0070; FMCSA– include the Agency name and the
390.5, who attests that the driver is 2015–0071; FMCSA–2015–0072; FMCSA–
docket number(s) for this notice. Note
otherwise physically qualified under 49 2015–0344; FMCSA–2015–0347]
that all comments received will be
CFR 391.41; (2) each driver must
Qualification of Drivers; Exemption posted without change to http://
provide a copy of the ophthalmologist’s
Applications; Vision www.regulations.gov, including any
or optometrist’s report to the Medical
personal information provided. Please
Examiner at the time of the annual AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for
medical examination; and (3) each Administration (FMCSA), DOT. further information.
driver must provide a copy of the ACTION: Notice of renewal of
annual medical certification to the Docket: For access to the docket to
exemptions; request for comments. read background documents or
employer for retention in the driver’s
qualification file or keep a copy of his/ comments, go to http://
SUMMARY: FMCSA announces its
her driver’s qualification if he/her is www.regulations.gov at any time or
decision to renew exemptions for 64
self- employed. The driver must also Room W12–140 on the ground level of
individuals from the vision requirement
have a copy of the exemption when the West Building, 1200 New Jersey
in the Federal Motor Carrier Safety
driving, for presentation to a duly Avenue SE, Washington, DC, between 9
Regulations (FMCSRs) for interstate
authorized Federal, State, or local a.m. and 5 p.m., e.t., Monday through
commercial motor vehicle (CMV)
enforcement official. The exemption Friday, except Federal holidays. The
drivers. The exemptions enable these
will be rescinded if: (1) The person fails FDMS is available 24 hours each day,
individuals to continue to operate CMVs
to comply with the terms and e.t., 365 days each year. If you want
in interstate commerce without meeting
conditions of the exemption; (2) the acknowledgment that we received your
the vision requirements in one eye.
exemption has resulted in a lower level comments, please include a self-
DATES: Each group of renewed addressed, stamped envelope or
of safety than was maintained before it exemptions were applicable on the
was granted; or (3) continuation of the postcard or print the acknowledgement
dates stated in the discussions below page that appears after submitting
exemption would not be consistent with and will expire on the dates stated in
the goals and objectives of 49 U.S.C. comments online.
the discussions below. Comments must Privacy Act: In accordance with 5
31136(e) and 31315. be received on or before March 19, 2018. U.S.C. 553(c), DOT solicits comments
V. Preemption ADDRESSES: You may submit comments from the public to better inform its
bearing the Federal Docket Management rulemaking process. DOT posts these
During the period the exemption is in System (FDMS) Docket No. FMCSA– comments, without edit, including any
effect, no State shall enforce any law or 1999–5748; FMCSA–2003–15268; personal information the commenter
regulation that conflicts with this FMCSA–2003–15892; FMCSA–2005– provides, to http://www.regulations.gov,
exemption with respect to a person 21711; FMCSA–2005–22194; FMCSA– as described in the system of records
operating under the exemption. 2005–22727; FMCSA–2006–26653; notice (DOT/ALL–14 FDMS), which can
VI. Conclusion FMCSA–2007–0017; FMCSA–2007– be reviewed at http://www.dot.gov/
27897; FMCSA–2007–29019; FMCSA– privacy.
Based upon its evaluation of the 113 2009–0154; FMCSA–2009–0303;
exemption applications, FMCSA renews FMCSA–2011–0140; FMCSA–2011– FOR FURTHER INFORMATION CONTACT: Ms.
the exemptions of the aforementioned 0275; FMCSA–2011–0298; FMCSA– Christine A. Hydock, Chief, Medical
drivers from the vision requirement in 2011–0325; FMCSA–2013–0028; Programs Division, 202–366–4001,
49 CFR 391.41(b)(10), subject to the FMCSA–2013–0029; FMCSA–2013– fmcsamedical@dot.gov, FMCSA,
requirements cited above. In accordance 0165; FMCSA–2013–0166; FMCSA– Department of Transportation, 1200
with 49 U.S.C. 31136(e) and 31315, each 2013–0167; FMCSA–2013–0168; New Jersey Avenue SE, Room W64–224,
FMCSA–2013–0169; FMCSA–2013– Washington, DC 20590–0001. Office
sradovich on DSK3GMQ082PROD with NOTICES
exemption will be valid for two years
unless revoked earlier by FMCSA. 0170; FMCSA–2013–0174; FMCSA– hours are from 8:30 a.m. to 5 p.m., e.t.,
2014–0304; FMCSA–2015–0053; Monday through Friday, except Federal
Issued on: February 7, 2018. holidays. If you have questions
FMCSA–2015–0056; FMCSA–2015–
Larry W. Minor, 0070; FMCSA–2015–0071; FMCSA– regarding viewing or submitting
Associate Administrator for Policy. 2015–0072; FMCSA–2015–0344; material to the docket, contact Docket
[FR Doc. 2018–03042 Filed 2–14–18; 8:45 am] FMCSA–2015–0347 using any of the Services, telephone (202) 366–9826.
BILLING CODE 4910–EX–P following methods: SUPPLEMENTARY INFORMATION:
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Document Created: 2018-02-15 00:20:47
Document Modified: 2018-02-15 00:20:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before March 19, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 6922 |
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