Qualification of Drivers; Exemption Applications; Vision, 39098-39100 [2016-14141]
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Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices
published a notice of intent to issue a
waiver on its Web site (https://
www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=120) on
March 22nd. The FHWA received no
comments in response to the
publication. The truss members were
part of U.S. 40 Historic Bridge (Bridge
#J0526) that was dismantled as a part of
the I–70 project currently under
construction. The steel trusses will be
re-used in the construction of a
pedestrian bridge over the Little Blue
River in Grandview, MO as part of the
Longview Lake Trail. Based on all the
information available to the Agency,
FHWA concludes that it is in the public
interest to re-use the historical US 40
steel bridge truss members for
construction of a bicycle and pedestrian
bridge over Little Blue River in
Grandview, MO.
In accordance with the provisions of
section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244), FHWA is providing this
notice that a waiver of Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
for an additional 15 days following the
effective date of the finding. Comments
may be submitted to FHWA’s Web site
via the link provided to the waiver page
noted above.
Authority: 23 U.S.C. 313; Pub. L. 110–161,
23 CFR 635.410.
Issued on: June 1, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway
Administration.
[FR Doc. 2016–14142 Filed 6–14–16; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
ehiers on DSK5VPTVN1PROD with NOTICES
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–6156; FMCSA–
2000–7918; FMCSA–2001–10578; FMCSA–
2003–15268; FMCSA–2003–15892; FMCSA–
2005–21711; FMCSA–2005–22194; FMCSA–
2005–22727; FMCSA–2006–24783; FMCSA–
2006–25246; FMCSA–2007–0017; FMCSA–
2007–26653; FMCSA–2007–27897; FMCSA–
2009–0154; FMCSA–2009–0303; FMCSA–
2010–0082; FMCSA–2011–0142; FMCSA–
2011–0189; FMCSA–2011–0275; FMCSA–
2011–0298; FMCSA–2011–0299; FMCSA–
2011–26690; FMCSA–2013–0027; FMCSA–
2013–0029; FMCSA–2013–0030; FMCSA–
2013–0165; FMCSA–2013–0166; FMCSA–
2013–0167; FMCSA–2013–0168; FMCSA–
2013–0169; FMCSA–2013–0170]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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15:15 Jun 14, 2016
Jkt 238001
ACTION:
Notice of final disposition.
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 120
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
SUMMARY:
Each group of renewed
exemptions are effective from the dates
stated in the discussions below.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, 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.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
DATES:
I. Electronic Access
You may submit comments using the
following Federal Docket Management
System (FDMS) Docket Nos. discussed
in this notice using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line 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., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
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 https://
www.regulations.gov at any time or
PO 00000
Frm 00078
Fmt 4703
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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., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
II. Background
On December 24, 2015, FMCSA
published a notice of intent to renew the
exemptions of drivers who have
previously held exemptions, and
requested comments from the public (80
FR 80443). The 120 individuals have
held exemptions from the vision
requirement in 49 CFR 391.41(b)(10) for
drivers who operate CMVs in interstate
commerce.
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period 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
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver. FMCSA
encourages you to participate by
submitting comments and related
materials.
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Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices
ehiers on DSK5VPTVN1PROD with NOTICES
IV. Basis for Renewing Exemptions
This notice addresses 120 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
120 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period.
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, 2016 the following 41
individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(64 FR 54948; 65 FR 159; 66 FR 53826;
66 FR 66966; 66 FR 66969; 68 FR 69432;
68 FR 69434; 70 FR 53412; 70 FR 57353;
70 FR 72689; 70 FR 74102; 71 FR 32183;
71 FR 41310; 71 FR 644; 72 FR 180; 72
FR 8417; 72 FR 9397; 72 FR 36099; 72
FR 39879; 72 FR 52419; 72 FR 62897;
72 FR 71995; 73 FR 60398; 74 FR 8302;
74 FR 34394; 74 FR 37295; 74 FR 41971;
74 FR 48343; 74 FR 60021; 74 FR 65847;
75 FR 25917; 75 FR 39727; 76 FR 12216;
76 FR 34135; 76 FR 49528; 76 FR 53708;
76 FR 54530; 76 FR 55465; 76 FR 61143;
76 FR 64169; 76 FR 64171; 76 FR 67246;
76 FR 70210; 76 FR 70212; 76 FR 75942;
76 FR 75943; 76 FR 79760; 78 FR 24798;
78 FR 34143; 78 FR 41975; 78 FR 46407;
78 FR 47818; 78 FR 52602; 78 FR 56986;
78 FR 62935; 78 FR 63302; 78 FR 63307;
78 FR 64274; 78 FR 65032; 78 FR 66099;
78 FR 67452; 78 FR 67460; 78 FR 76395;
78 FR 76705; 78 FR 77778; 78 FR 77780;
78 FR 77782; 78 FR 78477; 80 FR
80443):
Terry L. Baker (KY)
Woodrow E. Bohley (MO)
Jason W. Bowers (OR)
Scott Brady (FL)
Kenneth E. Bross (MO)
Junior Chavarria (NM)
William Chisley (MD)
Walter F. Crean, III (CT)
Terry D. Elliott (TN)
Ronnie J. Fieck (WI)
Frederick E. Foster (VA)
Gerald W. Fox (PA)
Raymond L. Herman (NY)
Wesley V. Holland (NC)
Darryl H. Johnson (WV)
Carol Kelly (IN)
Martin D. Keough (NY)
Richard H. Kind (WA)
Eric L. Kinner (NY)
Volga Kirkwood (MO)
Richard L. Loeffelholz (WI)
Stanley B. Marshall (GA)
Herman C. Mash (NC)
James McCleary (OH)
Humberto Mendoza (TX)
Marvin L. Motes (FL)
VerDate Sep<11>2014
15:15 Jun 14, 2016
Jkt 238001
Gerald L. Pagan (NC)
Daniel F. Perez (CA)
Robert G. Rascicot (FL)
Michael J. Robinson (WV)
Glen M. Schulz (IA)
Levi A. Shetler (OH)
Herbert W. Smith (WV)
Juan E. Sotero (FL)
James A. Spell (MD)
Timothy R. Steckman (IL)
Paul D. Stoddard (NY)
Harry J. Stoever, Jr. (NJ)
Eric Taniguchi (HI)
Benny R. Toothman (PA)
Stephen H. Ward (MO)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–1999–6156; FMCSA–2001–
10578; FMCSA–2005–22194; FMCSA–
2006–24783; FMCSA–2006–25246;
FMCSA–2007–26653; FMCSA–2007–
27897; FMCSA–2009–0154; FMCSA–
2010–0082; FMCSA–2011–0142;
FMCSA–2011–0189; FMCSA–2011–
26690; FMCSA–2013–0027; FMCSA–
2013–0029; FMCSA–2013–0030;
FMCSA–2013–0165; FMCSA–2013–
0166; FMCSA–2013–0168; FMCSA–
2013–0169. Their exemptions are
effective as of January 3, 2016 and will
expire on January 3, 2018.
As of January 5, 2016, the following
3 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(76 FR 70213; 77 FR 541; 78 FR 74223;
80 FR 80443):
Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2011–0298. Their exemptions
are effective as of January 5, 2016 and
will expire on January 5, 2018.
As of January 8, 2016, the following
10 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(72 FR 67340; 73 FR 1395; 74 FR 65845;
76 FR 78728; 78 FR 76704; 80 FR
80443):
Richard D. Becotte (NH)
Wayne A. Burnett (NC)
Boleslaw Makowski (WI)
Charles M. Moore (TX)
Gary T. Murray (GA)
Anthony D. Ovitt (VT)
Martin Postma (IL)
Steven S. Reinsvold (WI)
George E. Todd (WV)
Bradley A. Weiser (OH)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2007–0017. Their exemptions
are effective as of January 8, 2016 and
will expire on January 8, 2018.
As of January 9, 2016, the following
individual, Juan R. Andrade (TX), has
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39099
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (78 FR 64271; 79 FR 2748;
80 FR 80443). The driver was included
in the following docket: Docket No.
FMCSA–2013–0167. The exemption is
effective as of January 9, 2016 and will
expire on January 9, 2018.
As of January 15, 2016, the following
15 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(78 FR 64271; 79 FR 2748; 80 FR 80443):
Ronald C. Ashley (GA)
Miguel A. Calderon (CA)
Terry L. Cliffe (IL)
Andrew S. Durward (IL)
James P. Fitzgerald (MA)
Louis E. Henry, Jr. (KY)
Adam S. Larson (CO)
Sally A. Leavitt (NV)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Larry P. Magrath (MN)
Richard J. Pauxtis (OR)
Johnny L. Powell (MD)
Roy A. Whitaker (TX)
Sammy D. Wynn (GA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2013–0167. Their exemptions
are effective as of January 15, 2016 and
will expire on January 15, 2018.
As of January 24, 2016, the following
7 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(76 FR 64164; 76 FR 70213; 76 FR
73769; 77 FR 541; 77 FR 3547; 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)
Herman Martinez (NM)
Gilford J. Whittle (GA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2011–0275; FMCSA–2011–
0298; FMCSA–2011–0299. Their
exemptions are effective as of January
24, 2016 and will expire on January 24,
2018.
As of January 27, 2016, the following
13 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(65 FR 66286; 66 FR 13825; 68 FR
10300; 68 FR 37197; 68 FR 52811; 68 FR
61860; 70 FR 41811; 70 FR 48797; 70 FR
48798; 70 FR 48799; 70 FR 48800; 70 FR
48801; 70 FR 57353; 70 FR 61165; 70 FR
71884; 70 FR 72689; 71 FR 4632; 72 FR
52422; 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):
E:\FR\FM\15JNN1.SGM
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ehiers on DSK5VPTVN1PROD with NOTICES
39100
Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices
Arthur L. Bousema (CA)
Norman E. Braden (CO)
Matthew W. Daggs (MO)
Donald R. Date, Jr. (MD)
Gordon R. Fritz (WI)
Ronald K. Fultz (KY)
John E. Kimmet, Jr. (WA)
Robert C. Leathers (MO)
Jason L. Light (ID)
Kenneth R. Murphy (WA)
Michael J. Richard (LA)
Robert E. Sanders (PA)
Robert A. Sherry (PA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2000–7918; FMCSA–2003–
15268; FMCSA–2003–15892; FMCSA–
2005–21711; FMCSA–2005–22194;
FMCSA–2005–22727. Their exemptions
are effective as of January 27, 2016 and
will expire on January 27, 2018.
As of January 28, 2016, the following
9 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(74 FR 60022; 75 FR 4623; 77 FR 543;
78 FR 76707; 80 FR 80443):
James J. Coffield (NM)
Roy E. Crayne (WA)
James A. Dubay (MI)
Donald E. Halvorson (NM)
Roger D. Kool (IA)
Phillip J.C. Locke (CO)
Brian T. Nelson (MN)
Christopher M. Rivera (NM)
Robert E. Whitney (IL)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2009–0303. Their exemptions
are effective as of January 28, 2016 and
will expire on January 28, 2018.
As of January 29, 2016, the following
21 individuals have satisfied the
conditions for obtaining a renewed
exemption from the vision requirements
(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)
Mark A. Farnsley (IN)
Michael L. Fiamingo (PA)
Kenric J. Fields (DE)
Randall Hjelmtveit (MN)
Randy G. Kinney (IL)
Hector Marquez (TX)
Dennis R. Martinez (NM)
Fred A. Miller, Jr. (CA)
Joseph K. Parley (WI)
Robert L. Pearson (GA)
Ryan R. Ross (SC)
Troy M. Ruhlman (PA)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
David R. Webb, Jr. (IL)
Wesley A. Willis (NJ)
The drivers were included in one of
the following dockets: Docket No.
VerDate Sep<11>2014
15:15 Jun 14, 2016
Jkt 238001
FMCSA–2013–0170. Their exemptions
are effective as of January 29, 2016 and
will expire on January 29, 2018.
Each of these 120 applicants has
requested renewal of the exemption and
has 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.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (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
medical examiner who attests that the
individual is otherwise physically
qualified under 49 CFR 391.41; (2) that
each individual provides a copy of the
ophthalmologist’s or optometrist’s
report to the medical examiner at the
time of the annual medical examination;
and (3) that each individual provide a
copy of the annual medical certification
to the employer for retention in the
driver’s qualification file and retains a
copy of the certification on his/her
person while driving for presentation to
a duly authorized Federal, State, or local
enforcement official.
VI. Conclusion
Based upon its evaluation of the 120
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 (49 CFR
391.64(b)).
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
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
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Fmt 4703
Sfmt 4703
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.
Issued on: June 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–14141 Filed 6–14–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0350]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 30 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the
vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. The Agency has concluded that
granting these exemptions will provide
a level of safety that is equivalent to or
greater than the level of safety
maintained without the exemptions for
these CMV drivers.
DATES: The exemptions were granted
April 16, 2016. The exemptions expire
on April 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
E:\FR\FM\15JNN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39098-39100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14141]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-
2003-15268; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017;
FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303;
FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275;
FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027;
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166;
FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
120 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.
DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, 202-366-4001, fmcsamedical@dot.gov, 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.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may submit comments using the following Federal Docket
Management System (FDMS) Docket Nos. discussed in this notice using any
of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to https://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 https://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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 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 on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
On December 24, 2015, FMCSA published a notice of intent to renew
the exemptions of drivers who have previously held exemptions, and
requested comments from the public (80 FR 80443). The 120 individuals
have held exemptions from the vision requirement in 49 CFR
391.41(b)(10) for drivers who operate CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period 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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver. FMCSA encourages you to participate by
submitting comments and related materials.
[[Page 39099]]
IV. Basis for Renewing Exemptions
This notice addresses 120 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 120 applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.
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, 2016 the following 41 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (64 FR 54948; 65 FR 159; 66 FR 53826; 66 FR 66966; 66 FR
66969; 68 FR 69432; 68 FR 69434; 70 FR 53412; 70 FR 57353; 70 FR 72689;
70 FR 74102; 71 FR 32183; 71 FR 41310; 71 FR 644; 72 FR 180; 72 FR
8417; 72 FR 9397; 72 FR 36099; 72 FR 39879; 72 FR 52419; 72 FR 62897;
72 FR 71995; 73 FR 60398; 74 FR 8302; 74 FR 34394; 74 FR 37295; 74 FR
41971; 74 FR 48343; 74 FR 60021; 74 FR 65847; 75 FR 25917; 75 FR 39727;
76 FR 12216; 76 FR 34135; 76 FR 49528; 76 FR 53708; 76 FR 54530; 76 FR
55465; 76 FR 61143; 76 FR 64169; 76 FR 64171; 76 FR 67246; 76 FR 70210;
76 FR 70212; 76 FR 75942; 76 FR 75943; 76 FR 79760; 78 FR 24798; 78 FR
34143; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986;
78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 65032; 78 FR
66099; 78 FR 67452; 78 FR 67460; 78 FR 76395; 78 FR 76705; 78 FR 77778;
78 FR 77780; 78 FR 77782; 78 FR 78477; 80 FR 80443):
Terry L. Baker (KY)
Woodrow E. Bohley (MO)
Jason W. Bowers (OR)
Scott Brady (FL)
Kenneth E. Bross (MO)
Junior Chavarria (NM)
William Chisley (MD)
Walter F. Crean, III (CT)
Terry D. Elliott (TN)
Ronnie J. Fieck (WI)
Frederick E. Foster (VA)
Gerald W. Fox (PA)
Raymond L. Herman (NY)
Wesley V. Holland (NC)
Darryl H. Johnson (WV)
Carol Kelly (IN)
Martin D. Keough (NY)
Richard H. Kind (WA)
Eric L. Kinner (NY)
Volga Kirkwood (MO)
Richard L. Loeffelholz (WI)
Stanley B. Marshall (GA)
Herman C. Mash (NC)
James McCleary (OH)
Humberto Mendoza (TX)
Marvin L. Motes (FL)
Gerald L. Pagan (NC)
Daniel F. Perez (CA)
Robert G. Rascicot (FL)
Michael J. Robinson (WV)
Glen M. Schulz (IA)
Levi A. Shetler (OH)
Herbert W. Smith (WV)
Juan E. Sotero (FL)
James A. Spell (MD)
Timothy R. Steckman (IL)
Paul D. Stoddard (NY)
Harry J. Stoever, Jr. (NJ)
Eric Taniguchi (HI)
Benny R. Toothman (PA)
Stephen H. Ward (MO)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-6156; FMCSA-2001-10578; FMCSA-2005-22194; FMCSA-2006-
24783; FMCSA-2006-25246; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-
2009-0154; FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-
2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169. Their
exemptions are effective as of January 3, 2016 and will expire on
January 3, 2018.
As of January 5, 2016, the following 3 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (76 FR 70213; 77 FR 541; 78 FR 74223; 80 FR 80443):
Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0298. Their exemptions are effective as of January 5,
2016 and will expire on January 5, 2018.
As of January 8, 2016, the following 10 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (72 FR 67340; 73 FR 1395; 74 FR 65845; 76 FR 78728; 78 FR
76704; 80 FR 80443):
Richard D. Becotte (NH)
Wayne A. Burnett (NC)
Boleslaw Makowski (WI)
Charles M. Moore (TX)
Gary T. Murray (GA)
Anthony D. Ovitt (VT)
Martin Postma (IL)
Steven S. Reinsvold (WI)
George E. Todd (WV)
Bradley A. Weiser (OH)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2007-0017. Their exemptions are effective as of January 8,
2016 and will expire on January 8, 2018.
As of January 9, 2016, the following individual, Juan R. Andrade
(TX), has satisfied the conditions for obtaining a renewed exemption
from the vision requirements (78 FR 64271; 79 FR 2748; 80 FR 80443).
The driver was included in the following docket: Docket No. FMCSA-2013-
0167. The exemption is effective as of January 9, 2016 and will expire
on January 9, 2018.
As of January 15, 2016, the following 15 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (78 FR 64271; 79 FR 2748; 80 FR 80443):
Ronald C. Ashley (GA)
Miguel A. Calderon (CA)
Terry L. Cliffe (IL)
Andrew S. Durward (IL)
James P. Fitzgerald (MA)
Louis E. Henry, Jr. (KY)
Adam S. Larson (CO)
Sally A. Leavitt (NV)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Larry P. Magrath (MN)
Richard J. Pauxtis (OR)
Johnny L. Powell (MD)
Roy A. Whitaker (TX)
Sammy D. Wynn (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0167. Their exemptions are effective as of January 15,
2016 and will expire on January 15, 2018.
As of January 24, 2016, the following 7 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (76 FR 64164; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR
3547; 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)
Herman Martinez (NM)
Gilford J. Whittle (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299. Their exemptions
are effective as of January 24, 2016 and will expire on January 24,
2018.
As of January 27, 2016, the following 13 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (65 FR 66286; 66 FR 13825; 68 FR 10300; 68 FR 37197; 68 FR
52811; 68 FR 61860; 70 FR 41811; 70 FR 48797; 70 FR 48798; 70 FR 48799;
70 FR 48800; 70 FR 48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR
72689; 71 FR 4632; 72 FR 52422; 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):
[[Page 39100]]
Arthur L. Bousema (CA)
Norman E. Braden (CO)
Matthew W. Daggs (MO)
Donald R. Date, Jr. (MD)
Gordon R. Fritz (WI)
Ronald K. Fultz (KY)
John E. Kimmet, Jr. (WA)
Robert C. Leathers (MO)
Jason L. Light (ID)
Kenneth R. Murphy (WA)
Michael J. Richard (LA)
Robert E. Sanders (PA)
Robert A. Sherry (PA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2000-7918; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-
21711; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions are
effective as of January 27, 2016 and will expire on January 27, 2018.
As of January 28, 2016, the following 9 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (74 FR 60022; 75 FR 4623; 77 FR 543; 78 FR 76707; 80 FR
80443):
James J. Coffield (NM)
Roy E. Crayne (WA)
James A. Dubay (MI)
Donald E. Halvorson (NM)
Roger D. Kool (IA)
Phillip J.C. Locke (CO)
Brian T. Nelson (MN)
Christopher M. Rivera (NM)
Robert E. Whitney (IL)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2009-0303. Their exemptions are effective as of January 28,
2016 and will expire on January 28, 2018.
As of January 29, 2016, the following 21 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (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)
Mark A. Farnsley (IN)
Michael L. Fiamingo (PA)
Kenric J. Fields (DE)
Randall Hjelmtveit (MN)
Randy G. Kinney (IL)
Hector Marquez (TX)
Dennis R. Martinez (NM)
Fred A. Miller, Jr. (CA)
Joseph K. Parley (WI)
Robert L. Pearson (GA)
Ryan R. Ross (SC)
Troy M. Ruhlman (PA)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
David R. Webb, Jr. (IL)
Wesley A. Willis (NJ)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0170. Their exemptions are effective as of January 29,
2016 and will expire on January 29, 2018.
Each of these 120 applicants has requested renewal of the exemption
and has 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.
V. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (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 medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official.
VI. Conclusion
Based upon its evaluation of the 120 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 (49 CFR 391.64(b)).
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked 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 and 31315.
If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.
Issued on: June 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14141 Filed 6-14-16; 8:45 am]
BILLING CODE 4910-EX-P
