Qualification of Drivers; Exemption Applications; Vision, 12685-12687 [2017-04256]
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
probability of an individual
experiencing future crashes (See Weber,
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression
Analysis of a Poisson Process,’’ Journal
of American Statistical Association,
June 1971). A 1964 California Driver
Record Study prepared by the California
Department of Motor Vehicles
concluded that the best overall crash
predictor for both concurrent and
nonconcurrent events is the number of
single convictions. This study used 3
consecutive years of data, comparing the
experiences of drivers in the first 2 years
with their experiences in the final year.
Applying principles from these
studies to the past 3-year record of the
31 applicants, 1 driver was involved in
a crash and 2 drivers were convicted of
a moving violation in a CMV. All the
applicants achieved a record of safety
while driving with their vision
impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
We believe that the applicants’
intrastate driving experience and history
provide an adequate basis for predicting
their ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions. The
veteran drivers in this proceeding have
operated CMVs safely under those
conditions for at least 3 years, most for
much longer. Their experience and
driving records lead us to believe that
each applicant is capable of operating in
interstate commerce as safely as he/she
has been performing in intrastate
commerce. Consequently, FMCSA finds
that exempting these applicants from
the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption. For this reason, the
Agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 31 applicants
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19:24 Mar 03, 2017
Jkt 241001
listed in the notice of November 29,
2016 (81 FR 86063).
We recognize that the vision of an
applicant may change and affect his/her
ability to operate a CMV as safely as in
the past. As a condition of the
exemption, therefore, FMCSA will
impose requirements on the 31
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 one comment in this
proceeding. Daniel E. Kinney stated that
he has been put in a financial hardship
while waiting for his vision exemption.
He was issued an exemption effective as
of December 30, 2016.
IV. Conclusion
Based upon its evaluation of the 31
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):
James A. Bartolo, Jr. (CA)
Harry S. Bumps (VT)
Brian T. Castoldi (CT)
William B. Friend (MD)
Willie George (NY)
David E. Goff (MA)
Michael Golebiowski (IL)
Dana L. Gould (ME)
Johnny J. Gowdy (MS)
Richard E. Hadler (MN)
Donald J. Harrison (IA)
Channing L. Herrell (MD)
Loyd F. Hovey (NY)
George T. Huffman Jr. (IL)
Daniel E. Kinney (IL)
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12685
Shane M. Lovell (NE)
Jason W. Mack (PA)
Terry G. Montgomery (IN)
John P. O’Doherty (MN)
Antonio Rivera (PA)
Julio Rivera (FL)
Steve C. Sinclair (IA)
Jerrell L. Smith (TX)
Ricky E. Smith (GA)
Venton E. Smith (CA)
Willie J. Smith (TX)
Glen W. Stake Jr. (OH)
John D. Stork (IL)
David T. Tann (NC)
Jeremy M. Trager (OH)
James R. Wagner (IL)
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: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04258 Filed 3–3–17; 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 final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 100
individuals from the vision requirement
in the Federal Motor Carrier Safety
SUMMARY:
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12686
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
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 https://
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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
II. Background
On December 13, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 100
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 90500). The public comment period
ended on January 12, 2017, 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
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19:24 Mar 03, 2017
Jkt 241001
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.
VI. Conclusion
As of August 1, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 21 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (64 FR 54948; 65
FR 159; 66 FR 41654; 66 FR 66969; 67
FR 10471; 67 FR 10475; 67 FR 17102;
67 FR 19798; 68 FR 44837; 68 FR 69432;
69 FR 8260; 69 FR 17267; 69 FR 19611;
70 FR 41811; 71 FR 644; 71 FR 6824; 71
FR 14568; 71 FR 19604; 71 FR 26601;
71 FR 30228; 71 FR 32183; 71 FR 41310;
72 FR 52423; 73 FR 15254; 73 FR 15567;
73 FR 27014; 73 FR 27015; 73 FR 36955;
73 FR 42403; 74 FR 43220; 74 FR 57553;
74 FR 65842; 75 FR 9482; 75 FR 14656;
75 FR 19674; 75 FR 20881; 75 FR 25918;
75 FR 27622; 75 FR 28682; 75 FR 36778;
75 FR 36779; 75 FR 38602; 75 FR 39729;
77 FR 7657; 77 10604; 77 FR 15184; 77
FR 17115; 77 FR 22059; 77 FR 23797;
77 FR 26816; 77 FR 27847; 77 FR 27850;
77 FR 29447; 77 FR 36338; 77 FR 38384;
77 FR 38386; 77 FR 44946; 79 FR 10606;
79 FR 10619; 79 FR 14571; 79 FR 17641;
79 FR 18390; 79 FR 21996; 79 FR 22003;
79 FR 23797; 79 FR 27043; 79 FR 28588;
79 FR 29495; 79 FR 35212; 79 FR 35218;
79 FR 35220; 79 FR 37842; 79 FR 37843;
79 FR 47175):
Lloyd J. Botsford (MO)
Brad T. Braegger (UT)
Ronald D. Danberry (MN)
Frank J. Faria (CA)
Juneau Faulkner (GA)
Curtis N. Fulbright (NC)
Randy M. Garcia (NM)
Dean D. Hawks (WI)
Larry L. Jarvis (VA)
Julian A. Mancha (TX)
Randall L. Mathis (AL)
Larry G. Nikkel (WA)
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Michael J. Rankin (OH)
Justin T. Richman (IN)
Kevin L. Routin (KY)
Andrew W. Schollett (CO)
Michael D. Singleton (IN)
Roberto E. Soto (TX)
Gary R. Thomas (OH)
Barney J. Wade (MS)
Wade W. Ward (WY)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–1999–6156; FMCSA–2001–
9561; FMCSA–2001–11426; FMCSA–
2006–24015; FMCSA–2006–24783;
FMCSA–2008–0021; FMCSA–2009–
0206; FMCSA–2009–0291; FMCSA–
2010–0050; FMCSA–2010–0082;
FMCSA–2011–0324; FCMSA–2011–
0379; FMCSA–2012–0104; FMCSA–
2014–0002; FMCSA–2014–0003;
FMCSA–2014–0006. Their exemptions
are effective as of August 1, 2016, and
will expire on August 1, 2018.
As of August 6, 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 (64 FR 27027; 64 FR
51568; 71 FR 14566; 71 FR 30227; 73 FR
27014; 75 FR 25918; 75 FR 38602; 75 FR
39729; 77 FR 15184; 77 FR 27850; 77 FR
33017; 77 FR 36336; 77 FR 36338; 77 FR
40946; 77 FR 44708; 77 FR 46795; 79 FR
38661):
William L. Martin (OR)
Richard L. Miller (IN)
Gerardus C. Molenaar (PA)
James R. Morgan (MI)
Lance C. Phares (NY)
Willard L. Riggle (IN)
Richard D. Tucker II (NC)
Jay Turner (OH)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–1999–5578; FMCSA–2006–
24015; FMCSA–2010–0082; FMCSA–
2011–0379; FMCSA–2012–0106;
FMCSA–2012–0159. Their exemptions
are effective as of August 6, 2016, and
will expire on August 6, 2018.
As of August 8, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 25 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (79 FR 38659; 79
FR 53514):
Jimmy A. Baker (TX)
Frank B. Belenchia (TN)
Ricky W. Bettes (TX)
Antonio A. Calixto (MN)
James W. Carter, Jr. (KS)
Ronald G. Daniels (MO)
Larry G. Davis (TN)
Michael C. Doheny (CT)
George P. Ford (NC)
Todd M. Harguth (MN)
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
Dennis W. Helgeson (MN)
Ronnie L. Henry (KS)
Johnny L. Irving (MS)
Kevin L. Jones (SC)
Keith A. Kelley (ME)
David L. Miller (OH)
Earl L. Mokma (MI)
Donald L. Nisbet (WA)
David Perkins (NY)
Harry W. Root (MN)
Paul W. Sorenson (UT)
Randall H. Tempel (MT)
Cory J. Tivnan (WA)
Ricky W. Witt (IA)
John D. Woods (MI)
The drivers were included in Docket
No. FMCSA–2014–0007. Their
exemptions are effective as of August 8,
2016, and will expire on August 8, 2018.
As of August 9, 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 (77 FR 46793; 77 FR
59245):
Mark S. Berkheimer (PA)
Rici W. Giesseman (OH)
Michael A. Jabro (MI)
Michael M. Martinez (NM)
Buddy W. Myrick (TX)
Alan J. Reynaldos (NJ)
Charles L. Rill, Sr. (MD)
Roger Sulfridge (KY)
The drivers were included in Docket
No. FMCSA–2010–0114. Their
exemptions are effective as of August 9,
2016, and will expire on August 9, 2018.
As of August 18, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 32 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (63 FR 66227; 64
FR 16520; 71 FR 14567; 71 FR 30228;
73 FR 28187; 73 FR 35195; 73 FR 35196;
73 FR 35197; 73 FR 35198; 73 FR 35199;
73 FR 35200; 73 FR 35201; 73 FR 38497;
38498; 73 FR 38499; 73 FR 48273; 73 FR
48275; 74 FR 37299; 74 FR 48344; 75 FR
25919; 75 FR 39729; 75 FR 44051; 77 FR
40946; 77 FR 46153; 79 FR 46153):
Catarino Aispuro (OR)
Gary R. Andersen (NE)
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Armando P. D’Angeli (PA)
Henry L. Donvian (WV)
Roger D. Elders (MI)
James F. Epperson (IN)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
George F. Hernandez, Jr. (AZ)
Andrew C. Kelly (WV)
Jason W. King (MT)
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19:24 Mar 03, 2017
Jkt 241001
Billy J. Lewis (LA)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Chad M. Quarles (AL)
Carroll G. Quisenberry (KY)
Ryan J. Reimann (WI)
Jacob H. Riggle (OK)
Brandon J. See (IA)
Ricky L. Shepler (PA)
LeTroy D. Sims (SC)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Charles A. Winchell (OK)
Aaron E. Wright (MI)
The drivers were included in Docket
Nos. FMCSA–1999–4334; FMCSA–
2006–24015; FMCSA–2008–0106;
FMCSA–2008–0174; FMCSA–2009–
0154; FMCSA–2010–0082. Their
exemptions are effective as of August
18, 2016, and will expire on August 18,
2018.
As of August 19, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 2 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (79 FR 41737; 79 FR
56102):
Leamon V. Manchester (LA)
Leverne F. Schilte, Jr. (OH)
The drivers were included on the
following docket: Docket No. FMCSA–
2014–0008. Their exemptions are
effective as of August 19, 2016 and will
expire on August 19, 2018.
As of August 27, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 2 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 38381; 77 FR
51846; 79 FR 41740):
Tyrane Harper (AL)
Gregory S. Smith (AR)
The drivers were included on the
following docket: Docket No. FMCSA–
2012–0160. Their exemptions are
effective as of August 27, 2016 and will
expire on August 27, 2018.
As of August 29, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 2 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 41879; 77 FR
52391; 79 FR 41735):
Ricky W. Goins (TN)
Clayton Schroeder (MN)
The drivers were included on the
following docket: Docket No. FMCSA–
2012–0161. Their exemptions are
effective as of August 29, 2016 and will
expire on August 29, 2018.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
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Sfmt 4703
12687
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: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04256 Filed 3–3–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2017–0002–N–4]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and comment request.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the
proposed Information Collection
Requests (ICRs) abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the information
collections and their expected burden.
On October 26, 2016, FRA published a
notice providing a 60-day period for
public comment on the ICRs.
DATES: Comments must be submitted on
or before April 5, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Mail Stop 25, Washington,
DC 20590 (Telephone: (202) 493–6292);
or Ms. Kim Toone, Information
Collection Clearance Officer, Office of
Administration, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Mail Stop 35, Washington,
DC 20590 (Telephone: (202) 493–6132).
(These telephone numbers are not toll
free.)
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
SUMMARY:
E:\FR\FM\06MRN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12685-12687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04256]
-----------------------------------------------------------------------
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
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 100
individuals from the vision requirement in the Federal Motor Carrier
Safety
[[Page 12686]]
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 https://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 December 13, 2016, FMCSA published a notice announcing its
decision to renew exemptions for 100 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 90500). The
public comment period ended on January 12, 2017, 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.
VI. Conclusion
As of August 1, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 21 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (64 FR
54948; 65 FR 159; 66 FR 41654; 66 FR 66969; 67 FR 10471; 67 FR 10475;
67 FR 17102; 67 FR 19798; 68 FR 44837; 68 FR 69432; 69 FR 8260; 69 FR
17267; 69 FR 19611; 70 FR 41811; 71 FR 644; 71 FR 6824; 71 FR 14568; 71
FR 19604; 71 FR 26601; 71 FR 30228; 71 FR 32183; 71 FR 41310; 72 FR
52423; 73 FR 15254; 73 FR 15567; 73 FR 27014; 73 FR 27015; 73 FR 36955;
73 FR 42403; 74 FR 43220; 74 FR 57553; 74 FR 65842; 75 FR 9482; 75 FR
14656; 75 FR 19674; 75 FR 20881; 75 FR 25918; 75 FR 27622; 75 FR 28682;
75 FR 36778; 75 FR 36779; 75 FR 38602; 75 FR 39729; 77 FR 7657; 77
10604; 77 FR 15184; 77 FR 17115; 77 FR 22059; 77 FR 23797; 77 FR 26816;
77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 36338; 77 FR 38384; 77 FR
38386; 77 FR 44946; 79 FR 10606; 79 FR 10619; 79 FR 14571; 79 FR 17641;
79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR
28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37842;
79 FR 37843; 79 FR 47175):
Lloyd J. Botsford (MO)
Brad T. Braegger (UT)
Ronald D. Danberry (MN)
Frank J. Faria (CA)
Juneau Faulkner (GA)
Curtis N. Fulbright (NC)
Randy M. Garcia (NM)
Dean D. Hawks (WI)
Larry L. Jarvis (VA)
Julian A. Mancha (TX)
Randall L. Mathis (AL)
Larry G. Nikkel (WA)
Michael J. Rankin (OH)
Justin T. Richman (IN)
Kevin L. Routin (KY)
Andrew W. Schollett (CO)
Michael D. Singleton (IN)
Roberto E. Soto (TX)
Gary R. Thomas (OH)
Barney J. Wade (MS)
Wade W. Ward (WY)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-6156; FMCSA-2001-9561; FMCSA-2001-11426; FMCSA-2006-
24015; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2009-0206; FMCSA-2009-
0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0324; FCMSA-2011-
0379; FMCSA-2012-0104; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-
0006. Their exemptions are effective as of August 1, 2016, and will
expire on August 1, 2018.
As of August 6, 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 (64 FR
27027; 64 FR 51568; 71 FR 14566; 71 FR 30227; 73 FR 27014; 75 FR 25918;
75 FR 38602; 75 FR 39729; 77 FR 15184; 77 FR 27850; 77 FR 33017; 77 FR
36336; 77 FR 36338; 77 FR 40946; 77 FR 44708; 77 FR 46795; 79 FR
38661):
William L. Martin (OR)
Richard L. Miller (IN)
Gerardus C. Molenaar (PA)
James R. Morgan (MI)
Lance C. Phares (NY)
Willard L. Riggle (IN)
Richard D. Tucker II (NC)
Jay Turner (OH)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-5578; FMCSA-2006-24015; FMCSA-2010-0082; FMCSA-2011-
0379; FMCSA-2012-0106; FMCSA-2012-0159. Their exemptions are effective
as of August 6, 2016, and will expire on August 6, 2018.
As of August 8, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 25 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (79 FR
38659; 79 FR 53514):
Jimmy A. Baker (TX)
Frank B. Belenchia (TN)
Ricky W. Bettes (TX)
Antonio A. Calixto (MN)
James W. Carter, Jr. (KS)
Ronald G. Daniels (MO)
Larry G. Davis (TN)
Michael C. Doheny (CT)
George P. Ford (NC)
Todd M. Harguth (MN)
[[Page 12687]]
Dennis W. Helgeson (MN)
Ronnie L. Henry (KS)
Johnny L. Irving (MS)
Kevin L. Jones (SC)
Keith A. Kelley (ME)
David L. Miller (OH)
Earl L. Mokma (MI)
Donald L. Nisbet (WA)
David Perkins (NY)
Harry W. Root (MN)
Paul W. Sorenson (UT)
Randall H. Tempel (MT)
Cory J. Tivnan (WA)
Ricky W. Witt (IA)
John D. Woods (MI)
The drivers were included in Docket No. FMCSA-2014-0007. Their
exemptions are effective as of August 8, 2016, and will expire on
August 8, 2018.
As of August 9, 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 (77 FR
46793; 77 FR 59245):
Mark S. Berkheimer (PA)
Rici W. Giesseman (OH)
Michael A. Jabro (MI)
Michael M. Martinez (NM)
Buddy W. Myrick (TX)
Alan J. Reynaldos (NJ)
Charles L. Rill, Sr. (MD)
Roger Sulfridge (KY)
The drivers were included in Docket No. FMCSA-2010-0114. Their
exemptions are effective as of August 9, 2016, and will expire on
August 9, 2018.
As of August 18, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 32 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (63 FR
66227; 64 FR 16520; 71 FR 14567; 71 FR 30228; 73 FR 28187; 73 FR 35195;
73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200; 73 FR
35201; 73 FR 38497; 38498; 73 FR 38499; 73 FR 48273; 73 FR 48275; 74 FR
37299; 74 FR 48344; 75 FR 25919; 75 FR 39729; 75 FR 44051; 77 FR 40946;
77 FR 46153; 79 FR 46153):
Catarino Aispuro (OR)
Gary R. Andersen (NE)
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Armando P. D'Angeli (PA)
Henry L. Donvian (WV)
Roger D. Elders (MI)
James F. Epperson (IN)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
George F. Hernandez, Jr. (AZ)
Andrew C. Kelly (WV)
Jason W. King (MT)
Billy J. Lewis (LA)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Chad M. Quarles (AL)
Carroll G. Quisenberry (KY)
Ryan J. Reimann (WI)
Jacob H. Riggle (OK)
Brandon J. See (IA)
Ricky L. Shepler (PA)
LeTroy D. Sims (SC)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Charles A. Winchell (OK)
Aaron E. Wright (MI)
The drivers were included in Docket Nos. FMCSA-1999-4334; FMCSA-
2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0154; FMCSA-
2010-0082. Their exemptions are effective as of August 18, 2016, and
will expire on August 18, 2018.
As of August 19, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 2 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (79 FR
41737; 79 FR 56102):
Leamon V. Manchester (LA)
Leverne F. Schilte, Jr. (OH)
The drivers were included on the following docket: Docket No.
FMCSA-2014-0008. Their exemptions are effective as of August 19, 2016
and will expire on August 19, 2018.
As of August 27, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 2 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (77 FR
38381; 77 FR 51846; 79 FR 41740):
Tyrane Harper (AL)
Gregory S. Smith (AR)
The drivers were included on the following docket: Docket No.
FMCSA-2012-0160. Their exemptions are effective as of August 27, 2016
and will expire on August 27, 2018.
As of August 29, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 2 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (77 FR
41879; 77 FR 52391; 79 FR 41735):
Ricky W. Goins (TN)
Clayton Schroeder (MN)
The drivers were included on the following docket: Docket No.
FMCSA-2012-0161. Their exemptions are effective as of August 29, 2016
and will expire on August 29, 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: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04256 Filed 3-3-17; 8:45 am]
BILLING CODE 4910-EX-P
