Qualification of Drivers; Exemption Applications; Vision, 90048-90050 [2016-29826]
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90048
Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
exemption, therefore, FMCSA will
impose requirements on the 18
individuals consistent with the
grandfathering provisions applied to
drivers who participated in the
Agency’s vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirement 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
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) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
V. Discussion of Comments
FMCSA received 1 comment in this
proceeding. Joshua H. stated that Tracy
L. Neal holds a license in Mississippi
and not Michigan.
pmangrum on DSK3GDR082PROD with NOTICES
Based upon its evaluation of the 18
exemption applications, FMCSA
exempts the following drivers from the
vision requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above 49 CFR
391.64(b):
Joshua A. Akshar (NY)
Elijah A. Allen, Jr. (AR)
Tanner H. Brooks (MS)
Brian E. Broux (CA)
Alvin J. Dannenmann (DE)
Wayne L. Dorbert (PA)
Roger D. Ellsworth Jr. (NC)
Gregory L. Frisch (CA)
Josh Gallant Jr. (SC)
John P. Grum (PA)
Dillon L. Hendren (SC)
Roger E. Kadolph (IA)
Jay D. May (CO)
Tracy L. Neal (MS)
Edward P. Paloskey Jr. (PA)
Jesse R. Parker (LA)
Christopher A. Stewart (GA)
Emejildo Vargas (MA)
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
15:08 Dec 12, 2016
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–29824 Filed 12–12–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2001–11426; FMCSA–
2002–12844; FMCSA–2003–16564; FMCSA–
2005–22194; FMCSA–2005–22727; FMCSA–
2005–23099; FMCSA–2007–0071; FMCSA–
2007–27897; FMCSA–2009–0206; FMCSA–
2009–0291; FMCSA–2009–0321; FMCSA–
2011–0140; FMCSA–2011–0141; FMCSA–
2011–0325; FMCSA–2011–0365; FMCSA–
2011–0366; FMCSA–2013–0167; FMCSA–
2013–0168; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2013–0174]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
IV. Conclusion
VerDate Sep<11>2014
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.
Jkt 241001
FMCSA announces its
decision to renew exemptions for 91
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 requirement in one eye.
DATES: Each group of renewed
exemptions was effective on the dates
stated in the discussions below and will
expire on the dates stated in the
discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
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., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
SUMMARY:
PO 00000
Frm 00157
Fmt 4703
Sfmt 4703
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
Docket: For access to the docket to
read background documents or
comments, go to http//
www.regulations.gov and/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.
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
be reviewed at https://www.dot.gov/
privacy.
II. Background
On April 7, 2016, FMCSA published
a notice announcing its decision to
renew exemptions for 91 individuals
from the vision requirement in 49 CFR
391.41(b)(10) to operate a CMV in
interstate commerce and requested
comments from the public (81 FR
20433). The public comment period
ended on May 9, 2016 and no comments
were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
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° in the horizontal meridian in each eye,
and the ability to recognize the colors of
traffic signals and devices showing red,
green, and amber.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
E:\FR\FM\13DEN1.SGM
13DEN1
pmangrum on DSK3GDR082PROD with NOTICES
Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
IV. Conclusion
Based upon its evaluation of the 91
renewal exemption applications and
that there were no comments received,
FMCSA confirms its decision to exempt
the following drivers from the vision
requirement in 49 CFR 391.41 (b)(10),
subject to the requirements cited above:
As of March 2, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (70 FR 71884; 71
FR 4632; 73 FR 5259; 74 FR 43217; 74
FR 57551; 74 FR 65842; 75 FR 1451; 75
FR 9482; 76 FR 37169; 76 FR 50318; 76
FR 53710; 76 FR 75942; 76 FR 75943;
v77 FR 539; 77 FR 545; 77 FR 10604; 77
FR 10608; 77 FR 10604; 78 FR 63302;
78 FR 64271; 78 FR 64274; 79 FR
10619):
John P. Bails (IA)
Donald J. Bierwirth, Jr. (CT)
Lester E. Burns (NM)
Cris D. Bush (TN)
Bruce A. Cameron (ND)
Billy C. Chenault (NM)
Eugene Contreras (NM)
Jim L. Davis (NM)
Eric DeFrancesco (PA)
David E. Evans (NC)
Jason L. Hoovan (UT)
Amos W. Hulsey (AL)
Brandon C. Koopman (NE)
Curtis M. Lawless (VA)
Norman V. Myers (WA)
Millard F. Neace II (WV)
William E. Norris (NC)
Paul D. Prillaman (VA)
Richard E. Purvenas, Jr. (DE)
Scott Randol (MO)
Mark C. Reineke (NM)
Miguel A. Sanchez (NM)
Tigran Semerjyan (CA)
Lawrence D. Ventimiglia (NV)
James Vickery (KY)
Norman J. Watson (NC)
Reginald J. Wuethrich (IL)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–2005–22727; FMCSA–2009–
0206; FMCSA–2009–0291; FMCSA–
2011–0140; FMCSA–2011–0141;
FMCSA–2011–0325; FMCSA–2013–
0167; FMCSA–2013–0168; FMCSA–
2013–0169; FMCSA–2013–0170. Their
exemptions are effective as of March 2,
2016 and will expire on March 2, 2018.
As of March 5, 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 (68 FR 74699; 69
FR 10503; 70 FR 57353; 70 FR 72689;
71 FR 6829; 72 FR 39879; 72 FR 52419;
72 FR 62897; 73 FR 8392; 74 FR 64124;
75 FR 8184; 77 FR 7233; 79 FR 10602):
VerDate Sep<11>2014
15:08 Dec 12, 2016
Jkt 241001
Lee A. Burke (WI)
Barton C. Caldara (WI)
Allan Darley (UT)
Richard Hailey, Jr. (DC)
Robert V. Hodges (IL)
John R. Knott, III (MD)
Timothy S. Miller (AZ)
Edward D. Pickle (GA)
Robert L. Thies (IN)
James T. Wortham, Jr. (GA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2003–16564; FMCSA–2005–
22194; FMCSA–2007–27897. Their
exemptions are effective as of March 5,
2016 and will expire on March 5, 2018.
As of March 7, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 6 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 3552; 77 FR 13691;
79 FR 12565):
Richard P. Frederiksen (WY)
Samuel V. Holder (IL)
Dennis J. Lessard (IN)
Jerry L. Pettijohn (OK)
Jake F. Richter (KS)
Robert J. Townsley (VA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2011–0365. Their exemptions
are effective as of March 7, 2016 and
will expire on March 7, 2018.
As of March 13, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 20 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (79 FR 1908; 79 FR
14333):
Jeffrey A. Benoit (VA)
Norvan D. Brown (IA)
Jackie K. Curlin (KY)
Justin W. Demarchi (OH)
Gary A. Goostree (OH)
Jimmey C. Harris (TX)
David G. Henry (TX)
Rogelio C. Hernandez (CA)
Michael J. Hoskins (KS)
Zion Irizarry (NV)
Mohamed H. Issak (KS)
Juan J. Luna (CA)
Robert Mollicone (FL)
Christopher D. Moore (NC)
Elmore Nicholson, Jr. (AL)
James C. Paschal, Jr. (GA)
Harold D. Pressley (TX)
Jason C. Sadler (KY)
Robert Schick (PA)
Michael O. Thomas (NC)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2013–0174. Their exemptions
are effective as of March 13, 2016 and
will expire on March 13, 2018.
As of March 15, 2016, and in
accordance with 49 U.S.C. 31136(e) and
PO 00000
Frm 00158
Fmt 4703
Sfmt 4703
90049
31315, the following 11 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (67 FR 68719; 68
FR 2629; 70 FR 7545; 71 FR 4194; 71 FR
13450; 72 FR 39879; 72 FR 40362; 72 FR
52419; 73 FR 9158; 74 FR 43217; 74 FR
57551; 74 FR 64124; 74 FR 65842; 75 FR
1451):
Gene Bartlett, Jr. (VT)
Ronald D. Boeve (MI)
Daniel M. Cannon (OR)
Wayne H. Holt (UT)
Billy R. Jeffries (WV)
Guy A. Lanham (FL)
Oscar N. Lefferts (AL)
Willie L. Parks (CA)
Bradley S. Sanders (NM)
Gary N. Wilson (UT)
William B. Wilson (KY)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2002–12844; FMCSA–2005–
23099; FMCSA–2007–27897; FMCSA–
2009–0206; FMCSA–2009–0291;
FMCSA–2009–0321; FMCSA–2011–
0365. Their exemptions are effective as
of March 15, 2016 and will expire on
March 15, 2018.
As of March 23, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 6 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 5874; 77 FR 17117;
79 FR 13085):
Paul R. Barron (MO)
Eugenio V. Bermudez (MA)
Johnny Dillard (SC)
Edward M. Jurek (NY)
Glenn R. Theis (MN)
Peter A. Troyan (MI)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2011–0366. Their exemptions
are effective as of March 23, 2016 and
will expire on March 23, 2018.
As of March 31, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (68 FR 74699; 69
FR 10503; 71 FR 6829; 73 FR 6242; 73
FR 8392; 73 FR 16950; 75 FR 8184; 75
FR 9477; 77 FR 7723; 77 FR 13689; 79
FR 14331):
Alberto Blanco (NC)
Charles W. Cox (AR)
Gary W. Ellis (NC)
Robin S. England (GA)
W. R. Goold (AZ)
K. L. Guse (OH)
Steven W. Halsey (MO)
John C. Henricks (OH)
Thomas M. Leadbitter (PA)
Jonathan P. Lovel (IL)
Kent S. Reining (IL)
E:\FR\FM\13DEN1.SGM
13DEN1
90050
Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2003–16564; FMCSA–2007–
0071. Their exemptions are effective as
of March 31, 2016 and will expire on
March 31, 2018.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–29826 Filed 12–12–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
1999–5578; FMCSA–1999–6156; FMCSA–
2001–9561; FMCSA–2001–11426; FMCSA–
2006–24015; FMCSA–2006–24783; FMCSA–
2008–0021; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2009–0154; FMCSA–
2009–0206; FMCSA–2009–0291; FMCSA–
2010–0050; FMCSA–2010–0082; FMCSA–
2010–0114; FMCSA–2011–0324; FMCSA–
2011–0379; FMCSA–2012–0104; FMCSA–
2012–0106; FMCSA–2012–0159; FMCSA–
2012–0160; FMCSA–2012–0161; FMCSA–
2014–0002; FMCSA–2014–0003; FMCSA–
2014–0006; FMCSA–2014–0007; FMCSA–
2014–0008]
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 exemptions for 100
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 requirement in one eye.
DATES: Each group of renewed
exemptions was effective on the dates
stated in the discussions below and will
expire on the dates stated in the
pmangrum on DSK3GDR082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
15:08 Dec 12, 2016
Jkt 241001
discussions below. Comments must be
received on or before January 12, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
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., 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.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
1998–4334; FMCSA–1999–5578;
FMCSA–1999–6156; FMCSA–2001–
9561; FMCSA–2001–11426; FMCSA–
2006–24015; FMCSA–2006–24783;
FMCSA–2008–0021; FMCSA–2008–
0106; FMCSA–2008–0174; FMCSA–
2009–0154; FMCSA–2009–0206;
FMCSA–2009–0291; FMCSA–2010–
0050; FMCSA–2010–0082; FMCSA–
2010–0114; FMCSA–2011–0324;
FMCSA–2011–0379; FMCSA–2012–
0104; FMCSA–2012–0106; FMCSA–
2012–0159; FMCSA–2012–0160;
FMCSA–2012–0161; FMCSA–2014–
0002; FMCSA–2014–0003; FMCSA–
2014–0006; FMCSA–2014–0007;
FMCSA–2014–0008 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 5p.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 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
PO 00000
Frm 00159
Fmt 4703
Sfmt 4703
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,
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
be reviewed at https://www.dot.gov/
privacy.
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for two
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 two-year period.
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° 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 100 individuals listed in this
notice have requested renewal of their
exemptions from the vision standard in
49 CFR 391.41(b)(10), in accordance
with FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period.
II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
E:\FR\FM\13DEN1.SGM
13DEN1
Agencies
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 90048-90050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29826]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2001-11426; FMCSA-2002-12844; FMCSA-2003-16564;
FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0071;
FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0321;
FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2011-0365;
FMCSA-2011-0366; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174]
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 exemptions for 91
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
requirement in one eye.
DATES: Each group of renewed exemptions was effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms. 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.,
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:
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
comments, go to http//www.regulations.gov and/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.
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 be reviewed
at https://www.dot.gov/privacy.
II. Background
On April 7, 2016, FMCSA published a notice announcing its decision
to renew exemptions for 91 individuals from the vision requirement in
49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and
requested comments from the public (81 FR 20433). The public comment
period ended on May 9, 2016 and no comments were received.
As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
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.
III. Discussion of Comments
FMCSA received no comments in this preceding.
[[Page 90049]]
IV. Conclusion
Based upon its evaluation of the 91 renewal exemption applications
and that there were no comments received, FMCSA confirms its decision
to exempt the following drivers from the vision requirement in 49 CFR
391.41 (b)(10), subject to the requirements cited above:
As of March 2, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (70 FR
71884; 71 FR 4632; 73 FR 5259; 74 FR 43217; 74 FR 57551; 74 FR 65842;
75 FR 1451; 75 FR 9482; 76 FR 37169; 76 FR 50318; 76 FR 53710; 76 FR
75942; 76 FR 75943; v77 FR 539; 77 FR 545; 77 FR 10604; 77 FR 10608; 77
FR 10604; 78 FR 63302; 78 FR 64271; 78 FR 64274; 79 FR 10619):
John P. Bails (IA)
Donald J. Bierwirth, Jr. (CT)
Lester E. Burns (NM)
Cris D. Bush (TN)
Bruce A. Cameron (ND)
Billy C. Chenault (NM)
Eugene Contreras (NM)
Jim L. Davis (NM)
Eric DeFrancesco (PA)
David E. Evans (NC)
Jason L. Hoovan (UT)
Amos W. Hulsey (AL)
Brandon C. Koopman (NE)
Curtis M. Lawless (VA)
Norman V. Myers (WA)
Millard F. Neace II (WV)
William E. Norris (NC)
Paul D. Prillaman (VA)
Richard E. Purvenas, Jr. (DE)
Scott Randol (MO)
Mark C. Reineke (NM)
Miguel A. Sanchez (NM)
Tigran Semerjyan (CA)
Lawrence D. Ventimiglia (NV)
James Vickery (KY)
Norman J. Watson (NC)
Reginald J. Wuethrich (IL)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-2005-22727; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2011-
0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2013-0167; FMCSA-2013-
0168; FMCSA-2013-0169; FMCSA-2013-0170. Their exemptions are effective
as of March 2, 2016 and will expire on March 2, 2018.
As of March 5, 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 (68 FR
74699; 69 FR 10503; 70 FR 57353; 70 FR 72689; 71 FR 6829; 72 FR 39879;
72 FR 52419; 72 FR 62897; 73 FR 8392; 74 FR 64124; 75 FR 8184; 77 FR
7233; 79 FR 10602):
Lee A. Burke (WI)
Barton C. Caldara (WI)
Allan Darley (UT)
Richard Hailey, Jr. (DC)
Robert V. Hodges (IL)
John R. Knott, III (MD)
Timothy S. Miller (AZ)
Edward D. Pickle (GA)
Robert L. Thies (IN)
James T. Wortham, Jr. (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2007-27897. Their
exemptions are effective as of March 5, 2016 and will expire on March
5, 2018.
As of March 7, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 6 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (77 FR 3552;
77 FR 13691; 79 FR 12565):
Richard P. Frederiksen (WY)
Samuel V. Holder (IL)
Dennis J. Lessard (IN)
Jerry L. Pettijohn (OK)
Jake F. Richter (KS)
Robert J. Townsley (VA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0365. Their exemptions are effective as of March 7, 2016
and will expire on March 7, 2018.
As of March 13, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 20 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (79 FR 1908;
79 FR 14333):
Jeffrey A. Benoit (VA)
Norvan D. Brown (IA)
Jackie K. Curlin (KY)
Justin W. Demarchi (OH)
Gary A. Goostree (OH)
Jimmey C. Harris (TX)
David G. Henry (TX)
Rogelio C. Hernandez (CA)
Michael J. Hoskins (KS)
Zion Irizarry (NV)
Mohamed H. Issak (KS)
Juan J. Luna (CA)
Robert Mollicone (FL)
Christopher D. Moore (NC)
Elmore Nicholson, Jr. (AL)
James C. Paschal, Jr. (GA)
Harold D. Pressley (TX)
Jason C. Sadler (KY)
Robert Schick (PA)
Michael O. Thomas (NC)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0174. Their exemptions are effective as of March 13,
2016 and will expire on March 13, 2018.
As of March 15, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (67 FR
68719; 68 FR 2629; 70 FR 7545; 71 FR 4194; 71 FR 13450; 72 FR 39879; 72
FR 40362; 72 FR 52419; 73 FR 9158; 74 FR 43217; 74 FR 57551; 74 FR
64124; 74 FR 65842; 75 FR 1451):
Gene Bartlett, Jr. (VT)
Ronald D. Boeve (MI)
Daniel M. Cannon (OR)
Wayne H. Holt (UT)
Billy R. Jeffries (WV)
Guy A. Lanham (FL)
Oscar N. Lefferts (AL)
Willie L. Parks (CA)
Bradley S. Sanders (NM)
Gary N. Wilson (UT)
William B. Wilson (KY)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2002-12844; FMCSA-2005-23099; FMCSA-2007-27897; FMCSA-2009-
0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0365. Their
exemptions are effective as of March 15, 2016 and will expire on March
15, 2018.
As of March 23, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 6 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (77 FR 5874;
77 FR 17117; 79 FR 13085):
Paul R. Barron (MO)
Eugenio V. Bermudez (MA)
Johnny Dillard (SC)
Edward M. Jurek (NY)
Glenn R. Theis (MN)
Peter A. Troyan (MI)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0366. Their exemptions are effective as of March 23,
2016 and will expire on March 23, 2018.
As of March 31, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (68 FR
74699; 69 FR 10503; 71 FR 6829; 73 FR 6242; 73 FR 8392; 73 FR 16950; 75
FR 8184; 75 FR 9477; 77 FR 7723; 77 FR 13689; 79 FR 14331):
Alberto Blanco (NC)
Charles W. Cox (AR)
Gary W. Ellis (NC)
Robin S. England (GA)
W. R. Goold (AZ)
K. L. Guse (OH)
Steven W. Halsey (MO)
John C. Henricks (OH)
Thomas M. Leadbitter (PA)
Jonathan P. Lovel (IL)
Kent S. Reining (IL)
[[Page 90050]]
The drivers were included in one of the following dockets: Docket
No. FMCSA-2003-16564; FMCSA-2007-0071. Their exemptions are effective
as of March 31, 2016 and will expire on March 31, 2018.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-29826 Filed 12-12-16; 8:45 am]
BILLING CODE 4910-EX-P