Qualification of Drivers; Exemption Applications; Vision, 71173-71176 [2016-24960]
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
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.
Based upon its evaluation of the two
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the Epilepsy and Seizure
Disorders requirement in 49 CFR
391.41(b)(8). 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: October 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–24930 Filed 10–13–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7006; FMCSA–
2000–7165; FMCSA–2000–8398; FMCSA–
2001–11426; FMCSA–2002–11714; FMCSA–
2002–12294; FMCSA–2004–17195; FMCSA–
2004–17984; FMCSA–2004–18885; FMCSA–
2005–21711; FMCSA–2006–23773; FMCSA–
2006–24783; FMCSA–2007–0071; FMCSA–
2007–27897; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2008–0231; FMCSA–
2008–0266; FMCSA–2009–0303; FMCSA–
2010–0082; FMCSA–2010–0114; FMCSA–
2010–0161; FMCSA–2010–0187; FMCSA–
2010–0385; FMCSA–2011–0366; FMCSA–
2011–0379; FMCSA–2011–0380; FMCSA–
2012–0040; FMCSA–2012–0160; FMCSA–
2012–0161; FMCSA–2012–0214; FMCSA–
2012–0215; FMCSA–2012–0216; FMCSA–
2013–0167; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2013–0174; FMCSA–
2014–0003; FMCSA–2014–0004; FMCSA–
2014–0005; FMCSA–2014–0006; FMCSA–
2014–0007; FMCSA–2014–0010; FMCSA–
2014–0011; FMCSA–2014–0296]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 125
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
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SUMMARY:
14:29 Oct 13, 2016
Each group of renewed
exemptions are effective from the dates
stated in the discussions below.
Comments must be received on or
before November 14, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: [Docket No.
FMCSA–2000–7006; FMCSA–2000–
7165; FMCSA–2000–8398; FMCSA–
2001–11426; FMCSA–2002–11714;
FMCSA–2002–12294; FMCSA–2004–
17195; FMCSA–2004–17984; FMCSA–
2004–18885; FMCSA–2005–21711;
FMCSA–2006–23773; FMCSA–2006–
24783; FMCSA–2007–0071; FMCSA–
2007–27897; FMCSA–2008–0106;
FMCSA–2008–0174; FMCSA–2008–
0231; FMCSA–2008–0266; FMCSA–
2009–0303; FMCSA–2010–0082;
FMCSA–2010–0114; FMCSA–2010–
0161; FMCSA–2010–0187; FMCSA–
2010–0385; FMCSA–2011–0366;
FMCSA–2011–0379; FMCSA–2011–
0380; FMCSA–2012–0040; FMCSA–
2012–0160; FMCSA–2012–0161;
FMCSA–2012–0214; FMCSA–2012–
0215; FMCSA–2012–0216; FMCSA–
2013–0167; FMCSA–2013–0169;
FMCSA–2013–0170; FMCSA–2013–
0174; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005;
FMCSA–2014–0006; FMCSA–2014–
0007; FMCSA–2014–0010; FMCSA–
2014–0011; FMCSA–2014–0296], 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 or Courier: 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 number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
DATES:
VI. Conclusion
VerDate Sep<11>2014
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.
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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 selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System (FDMS) published
in the Federal Register on January 17,
2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, 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:
Background
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.
Exemption Decision
This notice addresses 125 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
125 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. Each individual is identified
according to the renewal date.
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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. Each exemption
will be valid for two years unless
rescinded earlier by FMCSA. 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.
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
for additional two year periods. The
following group(s) of drivers will
receive renewed exemptions effective in
the month of October and are discussed
below.
As of October 6, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 58 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (65 FR 20245; 65
FR 57230; 67 FR 15662; 67 FR 37907;
67 FR 46016; 67 FR 57266; 67 FR 57627;
69 FR 17263; 69 FR 26206; 69 FR 26921;
69 FR 31447; 69 FR 51346; 69 FR 52741;
70 FR 48797; 70 FR 61493; 71 FR 19602;
71 FR 26602; 71 FR 27033; 71 FR 27034;
71 FR 32183; 71 FR 41310; 71 FR 6826;
71 FR 50970; 71 FR 53489; 72 FR 39879;
72 FR 52419; 73 FR 6242; 73 FR 6244;
73 FR 16950; 73 FR 16952; 73 FR 27018;
73 FR 35194; 73 FR 35200; 73 FR 36955;
73 FR 38498; 73 FR 48270; 73 FR 48273;
73 FR 48275; 73 FR 51336; 73 FR 75807;
74 FR 41971; 74 FR 60022; 75 FR 4623;
75 FR 22179; 75 FR 25918; 75 FR 27622;
75 FR 34209; 75 FR 34211; 75 FR 36778;
75 FR 36779; 75 FR 39725; 75 FR 44050;
75 FR 44051; 75 FR 47886; 75 FR 47888;
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
75 FR 52062; 75 FR 61833; 75 FR 77942;
76 FR 5425; 76 FR 54530; 77 FR 5874;
77 FR 15184; 77 FR 17109; 77 FR 17117;
77 FR 23797; 77 FR 23799; 77 FR 26816;
77 FR 27845; 77 FR 27850; 77 FR 33558;
77 FR 36338; 77 FR 38381; 77 FR 38384;
77 FR 40945; 70 FR 40946; 77 FR 41879;
77 FR 46153; 77 FR 46793; 77 FR 51846;
77 FR 52388; 77 FR 52389; 77 FR 52391;
77 FR 56262; 77 FR 59245; 78 FR 64271;
78 FR 64274; 78 FR 67454; 78 FR 77778;
78 FR 78477; 79 FR 4803; 79 FR 1908;
79 FR 2748; 79 FR 14333; 79 FR 14571;
79 FR 18392; 79 FR 23797; 79 FR 27365;
79 FR 27681; 79 FR 28588; 79 FR 29498;
79 FR 35212; 79 FR 35218; 79 FR 35220;
79 FR 37842; 79 FR 38649; 79 FR 38659;
79 FR 38661; 79 FR 40945; 79 FR 40945;
79 FR 41735; 79 FR 41740; 79 FR 45868;
79 FR 46153; 79 FR 46300; 79 FR 47175;
79 FR 51642; 79 FR 51643; 79 FR 52388;
79 FR 53514; 79 FR 64001):
Ramon Adame (IL)
Thomas A. Black (MO)
John E. Breslin (NV)
Trixie L. Brown (IN)
Joel W. Bryant (LA)
Howard T. Bubel (ND)
Raymond E. Burrus (CO)
Bradley E. Buzzell (NH)
Dionicio Carrera (TX)
Scott F. Chalfant (DE)
Tommy J. Cross, Jr. (TN)
Tony K. Ellis (IN)
Curtis E. Firari (WI)
Kelly L. Foster (UT)
Donald H. Fuller (NY)
Viktor V. Goluda (SC)
Ronald M. Green (OH)
David W. Grooms (IN)
Clifford J. Harris (VA)
Billy R. Holdman (IL)
Daniel Hollins (KY)
Ralph E. Holmes (MD)
Charles S. Huffman (KS)
Fredrick C. Ingles (WV)
Daniel W. Johnson (NY)
Matthew B. Lairamore (OK)
Terry A. Legates (OK)
Gary McKown (WV)
Ronald S. Milkowski (NJ)
Donald L. Minney (OH)
Jack W. Murphy, Jr. (OH)
Danny W. Nuckles (VA)
Nathan J. Price (ID)
Matias P. Quintanilla (CA)
Jacques W. Rainville (VT)
Antonio A. Ribeiro (CT)
Ronney L. Rogers (WA)
David T. Rueckert (WA)
Kirk Scott (CT)
Ronald H. Sieg (MO)
Kenneth D. Sisk (NC)
David L. Slack (TX)
David M. Smith (IL)
Mark A. Smith (IA)
Scotty W. Sparks (KY)
Robert L. Strange (NC)
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Fmt 4703
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Charles E. Stokes (FL)
Samuel M. Stoltzfus (PA)
George W. Thomas (SC)
Malcolm J. Tilghman, Sr. (DE)
Duane L. Tysseling (IA)
Melvin V. Van Meter (PA)
Nicholas J. Vance (OH)
Christopher M. Vincent (NC)
Scott C. Westphal (MN)
Dale E. Williams (TX)
Robert D. Williams (LA)
Michael T. Wimber (MT)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–2000–7006; FMCSA–2002–
11714; FMCSA–2002–12294; FMCSA–
2004–17195; FMCSA–2005–21711;
FMCSA–2006–23773; FMCSA–2006–
24783; FMCSA–2007–0071; FMCSA–
2007–27897; FMCSA–2008–0106;
FMCSA–2008–0174; FMCSA–2009–
0303; FMCSA–2010–0082; FMCSA–
2010–0114; FMCSA–2010–0161;
FMCSA–2010–0385; FMCSA–2011–
0366; FMCSA–2011–0379; FMCSA–
2011–0380; FMCSA–2012–0040;
FMCSA–2012–0160; FMCSA–2012–
0161; FMCSA–2012–0214; FMCSA–
2013–0167; FMCSA–2013–0169;
FMCSA–2013–0170; FMCSA–2013–
0174; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005;
FMCSA–2014–0006; FMCSA–2014–
0007; FMCSA–2014–0010. Their
exemptions are effective as of October 6,
2016 and will expire on October 6,
2018.
As of October 15, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 17 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (67 FR 10471; 67
FR 19798; 69 FR 33997; 69 FR 51346;
69 FR 61292; 71 FR 50970; 71 FR 55820;
73 FR 38497; 73 FR 46973; 73 FR 48270;
73 FR 48271; 73 FR 54888; 73 FR 65009;
75 FR 39725; 75 FR 44050; 75 FR 47883;
75 FR 50799; 75 FR 52063; 75 FR 57105;
75 FR 61833; 75 FR 63257; 77 FR 38381;
77 FR 48590; 77 FR 51846; 77 FR 52388;
77 FR 60010):
William C. Ball (NC)
Julian Collins (GA)
Ivory Davis (MD)
Timothy J. Droeger (MN)
Edward P. Hynes II (VA)
Richard L. Kelley (MN)
Theodore Kirby (MD)
Kelly R. Konesky (AZ)
Joseph A. Leigh, Jr. (NC)
Hollis J. Martin (AL)
Kevin C. Palmer (OR)
Charles O. Rhodes (FL)
Gordon G. Roth (KS)
Julius Simmons, Jr. (SC)
Ted L. Smeltzer (IN)
Stephen B. Whitt (NC)
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Darrell F. Woosley (IL)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2001–11426; FMCSA–2004–
17984; FMCSA–2008–0174; FMCSA–
2008–0321; FMCSA–2010–0161;
FMCSA–2010–0187; FMCSA–2012–
0160. Their exemptions are effective as
of October 15, 2016 and will expire on
October 15, 2018.
As of October 21, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 7 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (79 FR 56099; 79 FR
70928):
Terry L. Allen (IL)
Todd A. Carlson (MN)
Ronald Gaines (FL)
Russel K. Gray (OH)
Billy R. Hampton (NC)
Raymond Holt (CA)
Juan C. Puente (TX)
The drivers were included on the
following docket: Docket No. FMCSA–
2014–0011. Their exemptions are
effective as of October 21, 2016 and will
expire on October 21, 2018.
As of October 22, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 8 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (73 FR 35194; 73 FR
51689; 73 FR 63047; 75 FR 39725; 75 FR
47883; 75 FR 61883; 75 FR 63257; 75 FR
64396; 77 FR 64582; 79 FR 56104):
Randall J. Denson (MN)
James D. Drabek, Jr. (IL)
Delone W. Dudley (MD)
James W. Lappan (KS)
Jeromy W. Leatherman (PA)
Ernest B. Martin (KY)
Mark L. McWhorter (FL)
Sylvester Silver (VA)
The drivers were included on the
following docket: Docket No. FMCSA–
2008–0106; FMCSA–2008–0266;
FMCSA–2010–0161; FMCSA–2010–
0187. Their exemptions are effective as
of October 22, 2016 and will expire on
October 22, 2018.
As of October 23, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 7 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 52381; 77 FR
64841; 79 FR 56097):
Ronald A. Duester (TX)
Charlene E. Geary (SD)
David N. Hinchliffe (TX)
Michael C. Hoff (WA)
Benny L. Sanchez (CA)
Sandeep Singh (CA)
James T. Stalker (OH)
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
The drivers were included on the
following docket: Docket No. FMCSA–
2012–0215. Their exemptions are
effective as of October 23, 2016 and will
expire on October 23, 2018.
As of October 27, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (65 FR 33406; 65
FR 57234; 65 FR 78256; 66 FR 16311;
67 FR 57266; 69 FR 52741; 69 FR 53493;
69 FR 62742; 71 FR 53489; 71 FR 62148;
73 FR 61925; 75 FR 59327; 77 FR 64583;
79 FR 56117):
David W. Brown (TN)
Monty G. Calderon (OH)
Awilda S. Colon (TN)
Zane G. Harvey, Jr. (VA)
Jeffrey M. Keyser (OH)
Donnie A. Kildow (ID)
David G. Meyers (NY)
Rodney M. Pegg (PA)
Zbigniew P. Pietranik (WI)
Joseph F. Wood (MS)
The drivers were included on the
following docket: Docket No. FMCSA–
2000–7165; FMCSA–2000–8398;
FMCSA–2004–18885. Their exemptions
are effective as of October 27, 2016 and
will expire on October 27, 2018.
As of October 31, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 18 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (77 FR 56261; 77
FR 65933; 79 FR 58856; 79 FR 59348;
79 FR 72754):
Richard J. Beck (IL)
Donald L. Blakeley II (NV)
Marty R. Brewsteer (KS)
Henry L. Chrestensen (IA)
Sanford L. Goodwin (TX)
Tonia L. Graves (AZ)
Roger S. Hardin (AL)
Gregory S. Hatten (LA)
Thomas J. Long III (PA)
Matthew J. Mantooth (KY)
Thomas J. McClure (IA)
Steven W. Miller (PA)
James J. Monticello (IN)
Aaron F. Naylor (PA)
Klifford N. Siemens (KS)
Steven R. Smith (ID)
Scott E. Tussey (KY)
Aaron H. Walser (ID)
The drivers were included on the
following docket: Docket No. FMCSA–
2012–0216; FMCSA–2014–0296. Their
exemptions are effective as of October
31, 2016 and will expire on October 31,
2018.
Each of the 125 applicants listed in
the groups above has requested renewal
of the exemption and has submitted
evidence showing that the vision in the
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71175
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.
Request for Comments
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by November
14, 2016.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 125
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
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
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take immediate steps to revoke the
exemption of a driver.
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Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–2000–7006; FMCSA–2000–
7165; FMCSA–2000–8398; FMCSA–
2001–11426; FMCSA–2002–11714;
FMCSA–2002–12294; FMCSA–2004–
17195; FMCSA–2004–17984; FMCSA–
2004–18885; FMCSA–2005–21711;
FMCSA–2006–23773; FMCSA–2006–
24783; FMCSA–2007–0071; FMCSA–
2007–27897; FMCSA–2008–0106;
FMCSA–2008–0174; FMCSA–2008–
0231; FMCSA–2008–0266; FMCSA–
2009–0303; FMCSA–2010–0082;
FMCSA–2010–0114; FMCSA–2010–
0161; FMCSA–2010–0187; FMCSA–
2010–0385; FMCSA–2011–0366;
FMCSA–2011–0379; FMCSA–2011–
0380; FMCSA–2012–0040; FMCSA–
2012–0160; FMCSA–2012–0161;
FMCSA–2012–0214; FMCSA–2012–
0215; FMCSA–2012–0216; FMCSA–
2013–0167; FMCSA–2013–0169;
FMCSA–2013–0170; FMCSA–2013–
0174; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005;
FMCSA–2014–0006; FMCSA–2014–
0007; FMCSA–2014–0010; FMCSA–
2014–0011; FMCSA–2014–0296 and
click the search button. When the new
screen appears, click on the blue
‘‘Comment Now!’’ button on the right
hand side of the page. On the new page,
enter information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final rule at
any time after the close of the comment
period.
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2000–7006; FMCSA–2000–
7165; FMCSA–2000–8398; FMCSA–
2001–11426; FMCSA–2002–11714;
FMCSA–2002–12294; FMCSA–2004–
17195; FMCSA–2004–17984; FMCSA–
2004–18885; FMCSA–2005–21711;
FMCSA–2006–23773; FMCSA–2006–
24783; FMCSA–2007–0071; FMCSA–
2007–27897; FMCSA–2008–0106;
FMCSA–2008–0174; FMCSA–2008–
0231; FMCSA–2008–0266; FMCSA–
2009–0303; FMCSA–2010–0082;
FMCSA–2010–0114; FMCSA–2010–
0161; FMCSA–2010–0187; FMCSA–
2010–0385; FMCSA–2011–0366;
FMCSA–2011–0379; FMCSA–2011–
0380; FMCSA–2012–0040; FMCSA–
2012–0160; FMCSA–2012–0161;
FMCSA–2012–0214; FMCSA–2012–
0215; FMCSA–2012–0216; FMCSA–
2013–0167; FMCSA–2013–0169;
FMCSA–2013–0170; FMCSA–2013–
0174; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005;
FMCSA–2014–0006; FMCSA–2014–
0007; FMCSA–2014–0010; FMCSA–
2014–0011; FMCSA–2014–0296 and
click ‘‘Search.’’ Next, click ‘‘Open
Docket Folder’’ and you will find all
documents and comments related to this
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–24960 Filed 10–13–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0094; FMCSA–
2013–0109]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions of two
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
SUMMARY:
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: Each renewed exemption was
effective 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 November 14, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0094; FMCSA–2013–0109 using
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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., 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 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
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 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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
E:\FR\FM\14OCN1.SGM
14OCN1
Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71173-71176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24960]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-8398; FMCSA-
2001-11426; FMCSA-2002-11714; FMCSA-2002-12294; FMCSA-2004-17195;
FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-23773;
FMCSA-2006-24783; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2008-0106;
FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0303;
FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187;
FMCSA-2010-0385; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0040; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2012-0214;
FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0167; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010;
FMCSA-2014-0011; FMCSA-2014-0296]
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 the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
125 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. Comments must be received on or before
November 14, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: [Docket No. FMCSA-2000-7006; FMCSA-
2000-7165; FMCSA-2000-8398; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-
2002-12294; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2004-18885;
FMCSA-2005-21711; FMCSA-2006-23773; FMCSA-2006-24783; FMCSA-2007-0071;
FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231;
FMCSA-2008-0266; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2010-0114;
FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0385; FMCSA-2011-0366;
FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-0160;
FMCSA-2012-0161; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-0216;
FMCSA-2013-0167; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174;
FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296],
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 or Courier: 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 number for this notice. Note that DOT posts all comments
received without change to https://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
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: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, 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:
Background
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.
Exemption Decision
This notice addresses 125 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 125 applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period. Each
individual is identified according to the renewal date.
[[Page 71174]]
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. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. 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.
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 for additional two year periods. The following group(s) of
drivers will receive renewed exemptions effective in the month of
October and are discussed below.
As of October 6, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 58 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (65 FR
20245; 65 FR 57230; 67 FR 15662; 67 FR 37907; 67 FR 46016; 67 FR 57266;
67 FR 57627; 69 FR 17263; 69 FR 26206; 69 FR 26921; 69 FR 31447; 69 FR
51346; 69 FR 52741; 70 FR 48797; 70 FR 61493; 71 FR 19602; 71 FR 26602;
71 FR 27033; 71 FR 27034; 71 FR 32183; 71 FR 41310; 71 FR 6826; 71 FR
50970; 71 FR 53489; 72 FR 39879; 72 FR 52419; 73 FR 6242; 73 FR 6244;
73 FR 16950; 73 FR 16952; 73 FR 27018; 73 FR 35194; 73 FR 35200; 73 FR
36955; 73 FR 38498; 73 FR 48270; 73 FR 48273; 73 FR 48275; 73 FR 51336;
73 FR 75807; 74 FR 41971; 74 FR 60022; 75 FR 4623; 75 FR 22179; 75 FR
25918; 75 FR 27622; 75 FR 34209; 75 FR 34211; 75 FR 36778; 75 FR 36779;
75 FR 39725; 75 FR 44050; 75 FR 44051; 75 FR 47886; 75 FR 47888; 75 FR
52062; 75 FR 61833; 75 FR 77942; 76 FR 5425; 76 FR 54530; 77 FR 5874;
77 FR 15184; 77 FR 17109; 77 FR 17117; 77 FR 23797; 77 FR 23799; 77 FR
26816; 77 FR 27845; 77 FR 27850; 77 FR 33558; 77 FR 36338; 77 FR 38381;
77 FR 38384; 77 FR 40945; 70 FR 40946; 77 FR 41879; 77 FR 46153; 77 FR
46793; 77 FR 51846; 77 FR 52388; 77 FR 52389; 77 FR 52391; 77 FR 56262;
77 FR 59245; 78 FR 64271; 78 FR 64274; 78 FR 67454; 78 FR 77778; 78 FR
78477; 79 FR 4803; 79 FR 1908; 79 FR 2748; 79 FR 14333; 79 FR 14571; 79
FR 18392; 79 FR 23797; 79 FR 27365; 79 FR 27681; 79 FR 28588; 79 FR
29498; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37842; 79 FR 38649;
79 FR 38659; 79 FR 38661; 79 FR 40945; 79 FR 40945; 79 FR 41735; 79 FR
41740; 79 FR 45868; 79 FR 46153; 79 FR 46300; 79 FR 47175; 79 FR 51642;
79 FR 51643; 79 FR 52388; 79 FR 53514; 79 FR 64001):
Ramon Adame (IL)
Thomas A. Black (MO)
John E. Breslin (NV)
Trixie L. Brown (IN)
Joel W. Bryant (LA)
Howard T. Bubel (ND)
Raymond E. Burrus (CO)
Bradley E. Buzzell (NH)
Dionicio Carrera (TX)
Scott F. Chalfant (DE)
Tommy J. Cross, Jr. (TN)
Tony K. Ellis (IN)
Curtis E. Firari (WI)
Kelly L. Foster (UT)
Donald H. Fuller (NY)
Viktor V. Goluda (SC)
Ronald M. Green (OH)
David W. Grooms (IN)
Clifford J. Harris (VA)
Billy R. Holdman (IL)
Daniel Hollins (KY)
Ralph E. Holmes (MD)
Charles S. Huffman (KS)
Fredrick C. Ingles (WV)
Daniel W. Johnson (NY)
Matthew B. Lairamore (OK)
Terry A. Legates (OK)
Gary McKown (WV)
Ronald S. Milkowski (NJ)
Donald L. Minney (OH)
Jack W. Murphy, Jr. (OH)
Danny W. Nuckles (VA)
Nathan J. Price (ID)
Matias P. Quintanilla (CA)
Jacques W. Rainville (VT)
Antonio A. Ribeiro (CT)
Ronney L. Rogers (WA)
David T. Rueckert (WA)
Kirk Scott (CT)
Ronald H. Sieg (MO)
Kenneth D. Sisk (NC)
David L. Slack (TX)
David M. Smith (IL)
Mark A. Smith (IA)
Scotty W. Sparks (KY)
Robert L. Strange (NC)
Charles E. Stokes (FL)
Samuel M. Stoltzfus (PA)
George W. Thomas (SC)
Malcolm J. Tilghman, Sr. (DE)
Duane L. Tysseling (IA)
Melvin V. Van Meter (PA)
Nicholas J. Vance (OH)
Christopher M. Vincent (NC)
Scott C. Westphal (MN)
Dale E. Williams (TX)
Robert D. Williams (LA)
Michael T. Wimber (MT)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-2000-7006; FMCSA-2002-11714; FMCSA-2002-12294; FMCSA-2004-
17195; FMCSA-2005-21711; FMCSA-2006-23773; FMCSA-2006-24783; FMCSA-
2007-0071; FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-
2009-0303; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-
2010-0385; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-
2012-0040; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2012-0214; FMCSA-
2013-0167; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-
2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-
2014-0007; FMCSA-2014-0010. Their exemptions are effective as of
October 6, 2016 and will expire on October 6, 2018.
As of October 15, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 17 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (67 FR
10471; 67 FR 19798; 69 FR 33997; 69 FR 51346; 69 FR 61292; 71 FR 50970;
71 FR 55820; 73 FR 38497; 73 FR 46973; 73 FR 48270; 73 FR 48271; 73 FR
54888; 73 FR 65009; 75 FR 39725; 75 FR 44050; 75 FR 47883; 75 FR 50799;
75 FR 52063; 75 FR 57105; 75 FR 61833; 75 FR 63257; 77 FR 38381; 77 FR
48590; 77 FR 51846; 77 FR 52388; 77 FR 60010):
William C. Ball (NC)
Julian Collins (GA)
Ivory Davis (MD)
Timothy J. Droeger (MN)
Edward P. Hynes II (VA)
Richard L. Kelley (MN)
Theodore Kirby (MD)
Kelly R. Konesky (AZ)
Joseph A. Leigh, Jr. (NC)
Hollis J. Martin (AL)
Kevin C. Palmer (OR)
Charles O. Rhodes (FL)
Gordon G. Roth (KS)
Julius Simmons, Jr. (SC)
Ted L. Smeltzer (IN)
Stephen B. Whitt (NC)
[[Page 71175]]
Darrell F. Woosley (IL)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2001-11426; FMCSA-2004-17984; FMCSA-2008-0174; FMCSA-2008-
0321; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2012-0160. Their
exemptions are effective as of October 15, 2016 and will expire on
October 15, 2018.
As of October 21, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 7 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (79 FR
56099; 79 FR 70928):
Terry L. Allen (IL)
Todd A. Carlson (MN)
Ronald Gaines (FL)
Russel K. Gray (OH)
Billy R. Hampton (NC)
Raymond Holt (CA)
Juan C. Puente (TX)
The drivers were included on the following docket: Docket No.
FMCSA-2014-0011. Their exemptions are effective as of October 21, 2016
and will expire on October 21, 2018.
As of October 22, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 8 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (73 FR
35194; 73 FR 51689; 73 FR 63047; 75 FR 39725; 75 FR 47883; 75 FR 61883;
75 FR 63257; 75 FR 64396; 77 FR 64582; 79 FR 56104):
Randall J. Denson (MN)
James D. Drabek, Jr. (IL)
Delone W. Dudley (MD)
James W. Lappan (KS)
Jeromy W. Leatherman (PA)
Ernest B. Martin (KY)
Mark L. McWhorter (FL)
Sylvester Silver (VA)
The drivers were included on the following docket: Docket No.
FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-2010-0161; FMCSA-2010-0187.
Their exemptions are effective as of October 22, 2016 and will expire
on October 22, 2018.
As of October 23, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 7 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (77 FR
52381; 77 FR 64841; 79 FR 56097):
Ronald A. Duester (TX)
Charlene E. Geary (SD)
David N. Hinchliffe (TX)
Michael C. Hoff (WA)
Benny L. Sanchez (CA)
Sandeep Singh (CA)
James T. Stalker (OH)
The drivers were included on the following docket: Docket No.
FMCSA-2012-0215. Their exemptions are effective as of October 23, 2016
and will expire on October 23, 2018.
As of October 27, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 10 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (65 FR
33406; 65 FR 57234; 65 FR 78256; 66 FR 16311; 67 FR 57266; 69 FR 52741;
69 FR 53493; 69 FR 62742; 71 FR 53489; 71 FR 62148; 73 FR 61925; 75 FR
59327; 77 FR 64583; 79 FR 56117):
David W. Brown (TN)
Monty G. Calderon (OH)
Awilda S. Colon (TN)
Zane G. Harvey, Jr. (VA)
Jeffrey M. Keyser (OH)
Donnie A. Kildow (ID)
David G. Meyers (NY)
Rodney M. Pegg (PA)
Zbigniew P. Pietranik (WI)
Joseph F. Wood (MS)
The drivers were included on the following docket: Docket No.
FMCSA-2000-7165; FMCSA-2000-8398; FMCSA-2004-18885. Their exemptions
are effective as of October 27, 2016 and will expire on October 27,
2018.
As of October 31, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 18 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (77 FR
56261; 77 FR 65933; 79 FR 58856; 79 FR 59348; 79 FR 72754):
Richard J. Beck (IL)
Donald L. Blakeley II (NV)
Marty R. Brewsteer (KS)
Henry L. Chrestensen (IA)
Sanford L. Goodwin (TX)
Tonia L. Graves (AZ)
Roger S. Hardin (AL)
Gregory S. Hatten (LA)
Thomas J. Long III (PA)
Matthew J. Mantooth (KY)
Thomas J. McClure (IA)
Steven W. Miller (PA)
James J. Monticello (IN)
Aaron F. Naylor (PA)
Klifford N. Siemens (KS)
Steven R. Smith (ID)
Scott E. Tussey (KY)
Aaron H. Walser (ID)
The drivers were included on the following docket: Docket No.
FMCSA-2012-0216; FMCSA-2014-0296. Their exemptions are effective as of
October 31, 2016 and will expire on October 31, 2018.
Each of the 125 applicants listed in the groups above 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.
Request for Comments
FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by November 14, 2016.
FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 125 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
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
[[Page 71176]]
take immediate steps to revoke the exemption of a driver.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2000-7006; FMCSA-
2000-7165; FMCSA-2000-8398; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-
2002-12294; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2004-18885;
FMCSA-2005-21711; FMCSA-2006-23773; FMCSA-2006-24783; FMCSA-2007-0071;
FMCSA-2007-27897; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231;
FMCSA-2008-0266; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2010-0114;
FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0385; FMCSA-2011-0366;
FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-0160;
FMCSA-2012-0161; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2012-0216;
FMCSA-2013-0167; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174;
FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296 and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period. FMCSA may issue a final rule at any time after the
close of the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-8398;
FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-12294; FMCSA-2004-17195;
FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-23773;
FMCSA-2006-24783; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2008-0106;
FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0303;
FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187;
FMCSA-2010-0385; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0040; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2012-0214;
FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0167; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010;
FMCSA-2014-0011; FMCSA-2014-0296 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24960 Filed 10-13-16; 8:45 am]
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