Qualification of Drivers; Exemption Applications; Vision, 13048-13050 [2017-04526]
Download as PDF
<![CDATA[
13048
Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
so the Agency can contact you if it has
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov and put the
docket number FMCSA–2016–0377 in
the ‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. 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.
FMCSA will consider all comments
and material received during the
comment period. FMCSA may issue a
final determination at any time after the
close of the comment period.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number FMCSA–2016–0377
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04525 Filed 3–7–17; 8:45 am]
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
17:34 Mar 07, 2017
Jkt 241001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2002–12432; FMCSA–
2002–12844; FMCSA–2004–19477; FMCSA–
2005–23238; FMCSA–2006–26066; FMCSA–
2008–0106; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2009–0291; FMCSA–
2009–0321; FMCSA–2010–0114; FMCSA–
2010–0187; FMCSA–2010–0201; FMCSA–
2010–0354; FMCSA–2010–0385; FMCSA–
2012–0040; FMCSA–2012–0104; FMCSA–
2012–0159; FMCSA–2012–0214; FMCSA–
2012–0337; FMCSA–2012–0338; FMCSA–
2012–0339; FMCSA–2014–0004; FMCSA–
2014–0006; FMCSA–2014–0007; FMCSA–
2014–0296; FMCSA–2014–0298; FMCSA–
2014–0299; FMCSA–2014–0300]
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 81
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. Comments must be
received on or before April 7, 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–
2002–12432; FMCSA–2002–12844;
FMCSA–2004–19477; FMCSA–2005–
23238; FMCSA–2006–26066; FMCSA–
2008–0106; FMCSA–2008–0266;
FMCSA–2008–0340; FMCSA–2009–
0291; FMCSA–2009–0321; FMCSA–
2010–0114; FMCSA–2010–0187;
FMCSA–2010–0201; FMCSA–2010–
0354; FMCSA–2010–0385; FMCSA–
SUMMARY:
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
2012–0040; FMCSA–2012–0104;
FMCSA–2012–0159; FMCSA–2012–
0214; FMCSA–2012–0337; FMCSA–
2012–0338; FMCSA–2012–0339;
FMCSA–2014–0004; FMCSA–2014–
0006; FMCSA–2014–0007; FMCSA–
2014–0296; FMCSA–2014–0298;
FMCSA–2014–0299; FMCSA–2014–
0300 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., 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
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
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
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 drive 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 81 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.
mstockstill on DSK3G9T082PROD with NOTICES
II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 81 applicants has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement (67 FR 54525; 67 FR 68719;
68 FR 2629; 68 FR 8794; 69 FR 64806;
69 FR 71100; 70 FR 2705; 70 FR 8659;
71 FR 5105; 71 FR 19600; 71 FR 63380;
72 FR 1050; 72 FR 1054; 72 FR 1056; 72
FR 5489; 73 FR 11989; 73 FR 35194; 73
FR 35197; 73 FR 48273; 73 FR 48275;
73 FR 51689; 73 FR 63047; 73 FR 75803;
73 FR 76439; 74 FR 980; 74 FR 981; 74
FR 6207; 74 FR 6209; 74 FR 65842; 75
FR 1835; 75 FR 9478; 75 FR 9482; 75 FR
13653; 75 FR 34209; 75 FR 44050; 75 FR
47883; 75 FR 47886; 75 FR 52062; 75 FR
VerDate Sep<11>2014
17:34 Mar 07, 2017
Jkt 241001
54958; 75 FR 63255; 75 FR 70078; 75 FR
72863; 75 FR 77942; 75 FR 79083; 75 FR
79084; 76 FR 2190; 76 FR 4413; 76 FR
4414; 76 FR 5425; 76 FR 8809; 76 FR
46793; 76 FR 59245; 77 FR 7234; 77 FR
17107; 77 FR 23799; 77 FR 27847; 77 FR
33558; 77 FR 36336; 77 FR 38386; 77 FR
46795; 77 FR 52389; 77 FR 68200; 77 FR
68202; 77 FR 70534; 77 FR 74731; 77 FR
75496; 78 FR 797; 78 FR 798; 78 FR
1919; 78 FR 9772; 78 FR 12811; 78 FR
12813; 78 FR 12817; 79 FR 17641; 79 FR
18391; 79 FR 18392; 79 FR 29495; 79 FR
29498; 79 FR 35212; 79 FR 38659; 79 FR
47175; 79 FR 51642; 79 FR 53514; 79 FR
58856; 79 FR 59348; 79 FR 59357; 79 FR
65759; 79 FR 69985; 79 FR 72754; 79 FR
73397; 80 FR 2473; 80 FR 18693; 80 FR
3305; 80 FR 3308; 80 FR 3723; 80 FR
5615; 80 FR 8927; 80 FR 9304). They
have submitted evidence showing that
the vision in the better eye continues to
meet the requirement specified at 49
CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a
review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption
requirements. These factors provide an
adequate basis for predicting each
driver’s ability to continue to drive
safely in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each
renewal applicant for a period of two
years is likely to achieve a level of safety
equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of July and are discussed
below:
As of February 5, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (71 FR 5105; 71 FR
19600; 73 FR 11989; 73 FR 35194; 73 FR
35197; 73 FR 48273; 73 FR 48275; 73 FR
75803; 74 FR 6209; 74 FR 65842; 75 FR
9478; 75 FR 13653; 75 FR 44050; 75 FR
52062; 75 FR 54958; 75 FR 70078; 76 FR
4413; 76 FR 46793; 76 FR 59245; 77 FR
7234; 77 FR 17107; 77 FR 27847; 77 FR
36336; 77 FR 38386; 77 FR 46795; 77 FR
52389; 77 FR 68200; 77 FR 68202; 78 FR
797; 79 FR 17641; 79 FR 18391; 79 FR
18392; 79 FR 29495; 79 FR 29498; 79 FR
35212; 79 FR 38659; 79 FR 47175; 79 FR
51642; 79 FR 53514; 79 FR 58856; 79 FR
59348; 79 FR 59357; 79 FR 65759; 79 FR
69985; 79 FR 72754; 79 FR 73397; 80 FR
3305; 80 FR 8927; 80 FR 9304):
Michael J. Bechta (PA)
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
13049
Anatoliy A. Bogdanets (OR)
William L. Brady (KS)
Ricky J. Childress (AL)
Donald S. Dickerson (WV)
David L. Dykman (ID)
Larry E. Emanuel (FL)
Milan D. Frasier (ID)
Greg E. Gage (IA)
Eric M. Giddens, Sr. (DE)
Harold J. Haier (NY)
James A. Jones (MD)
Timothy L. Kelly (TX)
Lewis A. Kielhack (IL)
Daniel E. Manchester (GA)
Joe A. McIlroy (NY)
Richard L. Moreland (MO)
Timothy W. Nappier (MI)
Don R. Padley (MO)
Dennis D. Pimley (CA)
Monte L. Purciful (IN)
Michael R. Seldomridge (FL)
Ronald M. Scott (IN)
Ronald B. Shafer (MI)
Dennis Torrence (WI)
Jeffrey T. Zuniga (CT)
The drivers were included in one of
the following dockets: Docket Nos.
FMCSA–2005–23238; FMCSA–2008–
0106; FMCSA–2008–0340; FMCSA–
2009–0291; FMCSA–2010–0201;
FMCSA–2012–0104; FMCSA–2012–
0159; FMCSA–2012–0214; FMCSA–
2014–0004; FMCSA–2014–0006;
FMCSA–2014–0007; FMCSA–2014–
0296; FMCSA–2014–0298; FMCSA–
2014–0299. Their exemptions are
effective as of February 5, 2017 and will
expire on February 5, 2019.
As of February 7, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, Thomas J. Boss (IL) has satisfied
the conditions for obtaining a renewed
exemption from the vision requirements
(67 FR 68719; 68 FR 2629; 69 FR 71100;
72 FR 1054; 74 FR 980; 76 FR 4414; 78
FR 798; 80 FR 5615).
The driver was included in Docket
No. FMCSA–2002–12844. The
exemption is effective as of February 7,
2017, and will expire on February 7,
2019.
As of February 11, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 5 individuals have
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (77 FR 70534; 78 FR 9772;
80 FR 3308):
Douglas Eamens (NY)
Roberto Ramos (TX)
Johnie Reed (VA)
Sammie Soles, Jr. (MI)
Grover C. Taylor (VA)
The drivers were included on the
following docket: Docket No. FMCSA–
2012–0337. Their exemptions are
effective as of February 11, 2017, and
will expire on February 11, 2019.
E:\FR\FM\08MRN1.SGM
08MRN1
mstockstill on DSK3G9T082PROD with NOTICES
13050
Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
As of February 18, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 30 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (80 FR 2473; 80 FR
18693):
David C. Berger (PA)
Raymond L. Bradshaw (TX)
Jeffrey L. Coachman (NY)
Robert W. Cushing (NH)
Kenneth Dionisi (MI)
Wolfgang K. Faulkingham (ME)
Ricky J. Franklin (OR)
James P. Gapinski (MN)
David N. Groff (PA)
Robert J. Hansen (MN)
Kevin L. Himes (CO)
Jackie Lee (FL)
Keith A. Looney (AR)
Van C. Mac (IL)
Chris D. McCance (IL)
Michael W. McCann (VA)
Preston Nehring (FL)
Dennis J. Oie (MN)
Leonardo Polonski (MA)
Don C. Powell (NY)
Luis Ramos (FL)
Kevin C. Rich (NC)
Gerardo Silva (IL)
James A. Spittal (OR)
Paul J. Stewart (CO)
David A. Stinelli (PA)
Ingrid V. Taylor (MI)
Bobby M. Warren (KY)
Steven E. Williams (GA)
Vantha Yeam (PA)
The drivers were included on the
following docket: Docket No. FMCSA–
2014–0300. Their exemptions are
effective as of February 18, 2017, and
will expire on February 18, 2019.
As of February 25, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (67 FR 54525; 68
FR 8794; 69 FR 64806; 70 FR 2705; 70
FR 8659; 71 FR 63380; 72 FR 1050; 72
FR 1056; 72 FR 5489; 73 FR 51689; 73
FR 63047; 73 FR 76439; 74 FR 981; 74
FR 6207; 75 FR 1835; 75 FR 9482; 75 FR
34209; 75 FR 47883; 75 FR 47886; 75 FR
63255; 75 FR 72863; 75 FR 77942; 75 FR
79083; 75 FR 79084; 76 FR 2190; 76 FR
4414; 76 FR 5425; 76 FR 8809; 77 FR
23799; 77 FR 33558; 77 FR 70534; 77 FR
74731; 77 FR 75496; 78 FR 1919; 78 FR
9772; 78 FR 12811; 78 FR 12813; 78 FR
12817; 80 FR 3723):
William Audinwood (NY)
Kenneth L. Bowers, Jr. (MN)
Lester W. Carter (CA)
Matthew T. Eggers (IA)
Dennis E. Fisher (NY)
Andrew G. Fornsel (NY)
Jerry Hall (KY)
VerDate Sep<11>2014
19:27 Mar 07, 2017
Jkt 241001
Dennis R. O’Dell Jr. (OK)
Jerry W. Parker (OH)
Gary W. Phelps (PA)
Charles D. Reddick (GA)
Myriam Rodriguez (CA)
Bobby L. Rupe (TX)
Jules M. Sancho, Jr. (LA)
Frank Santak (DE)
Gary Wanek (NE)
Keith Washington (IL)
Kenneth J. Weaver (WY)
Cameron R. Whitford (NY)
The drivers were included on the
following docket: Docket No. FMCSA–
2002–12432; FMCSA–2004–19477;
FMCSA–2006–26066; FMCSA–2008–
0266; FMCSA–2009–0321; FMCSA–
2010–0114; FMCSA–2010–0187;
FMCSA–2010–0354; FMCSA–2010–
0385; FMCSA–2012–0040; FMCSA–
2012–0337; FMCSA–2012–0338;
FMCSA–2012–0339. Their exemptions
are effective as of February 25, 2017,
and will expire on February 25, 2019.
Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must undergo an annual physical
examination (a) by an ophthalmologist
or optometrist who attests that the
vision in the better eye continues to
meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified
Medical Examiner, as defined by 49 CFR
390.5, who attests that the driver is
otherwise physically qualified under 49
CFR 391.41; (2) each driver must
provide a copy of the ophthalmologist’s
or optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; and (3) each
driver must provide a copy of the
annual medical certification to the
employer for retention in the driver’s
qualification file 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. 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.
IV. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 81
exemption applications, FMCSA renews
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
the exemptions of the aforementioned
drivers from the vision requirement in
49 CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)). In accordance with 49 U.S.C.
31136(e) and 31315, each exemption
will be valid for two years unless
revoked earlier by FMCSA.
Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04526 Filed 3–7–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0383]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 41 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
SUMMARY:
Comments must be received on
or before April 7, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2016–0383 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
DATES:
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13048-13050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04526]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477;
FMCSA-2005-23238; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0266;
FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2010-0114;
FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385;
FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2012-0214;
FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0004;
FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0296; FMCSA-2014-0298;
FMCSA-2014-0299; FMCSA-2014-0300]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 81
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. Comments must be received on or before April 7,
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-2002-12432; FMCSA-2002-12844;
FMCSA-2004-19477; FMCSA-2005-23238; FMCSA-2006-26066; FMCSA-2008-0106;
FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-2009-0321;
FMCSA-2010-0114; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0159;
FMCSA-2012-0214; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339;
FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0296;
FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300 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.,
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 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 self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to 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
[[Page 13049]]
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 drive a CMV if that person:
Has distant visual acuity of at least 20/40 (Snellen) in each
eye without corrective lenses or visual acuity separately corrected
to 20/40 (Snellen) or better with corrective lenses, distant
binocular acuity of a least 20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision of at least 70[deg] in
the horizontal meridian in each eye, and the ability to recognize
the colors of traffic signals and devices showing red, green, and
amber.
The 81 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 with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 81 applicants has satisfied the renewal conditions for obtaining an
exemption from the vision requirement (67 FR 54525; 67 FR 68719; 68 FR
2629; 68 FR 8794; 69 FR 64806; 69 FR 71100; 70 FR 2705; 70 FR 8659; 71
FR 5105; 71 FR 19600; 71 FR 63380; 72 FR 1050; 72 FR 1054; 72 FR 1056;
72 FR 5489; 73 FR 11989; 73 FR 35194; 73 FR 35197; 73 FR 48273; 73 FR
48275; 73 FR 51689; 73 FR 63047; 73 FR 75803; 73 FR 76439; 74 FR 980;
74 FR 981; 74 FR 6207; 74 FR 6209; 74 FR 65842; 75 FR 1835; 75 FR 9478;
75 FR 9482; 75 FR 13653; 75 FR 34209; 75 FR 44050; 75 FR 47883; 75 FR
47886; 75 FR 52062; 75 FR 54958; 75 FR 63255; 75 FR 70078; 75 FR 72863;
75 FR 77942; 75 FR 79083; 75 FR 79084; 76 FR 2190; 76 FR 4413; 76 FR
4414; 76 FR 5425; 76 FR 8809; 76 FR 46793; 76 FR 59245; 77 FR 7234; 77
FR 17107; 77 FR 23799; 77 FR 27847; 77 FR 33558; 77 FR 36336; 77 FR
38386; 77 FR 46795; 77 FR 52389; 77 FR 68200; 77 FR 68202; 77 FR 70534;
77 FR 74731; 77 FR 75496; 78 FR 797; 78 FR 798; 78 FR 1919; 78 FR 9772;
78 FR 12811; 78 FR 12813; 78 FR 12817; 79 FR 17641; 79 FR 18391; 79 FR
18392; 79 FR 29495; 79 FR 29498; 79 FR 35212; 79 FR 38659; 79 FR 47175;
79 FR 51642; 79 FR 53514; 79 FR 58856; 79 FR 59348; 79 FR 59357; 79 FR
65759; 79 FR 69985; 79 FR 72754; 79 FR 73397; 80 FR 2473; 80 FR 18693;
80 FR 3305; 80 FR 3308; 80 FR 3723; 80 FR 5615; 80 FR 8927; 80 FR
9304). They have submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of July and
are discussed below:
As of February 5, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 26 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (71 FR
5105; 71 FR 19600; 73 FR 11989; 73 FR 35194; 73 FR 35197; 73 FR 48273;
73 FR 48275; 73 FR 75803; 74 FR 6209; 74 FR 65842; 75 FR 9478; 75 FR
13653; 75 FR 44050; 75 FR 52062; 75 FR 54958; 75 FR 70078; 76 FR 4413;
76 FR 46793; 76 FR 59245; 77 FR 7234; 77 FR 17107; 77 FR 27847; 77 FR
36336; 77 FR 38386; 77 FR 46795; 77 FR 52389; 77 FR 68200; 77 FR 68202;
78 FR 797; 79 FR 17641; 79 FR 18391; 79 FR 18392; 79 FR 29495; 79 FR
29498; 79 FR 35212; 79 FR 38659; 79 FR 47175; 79 FR 51642; 79 FR 53514;
79 FR 58856; 79 FR 59348; 79 FR 59357; 79 FR 65759; 79 FR 69985; 79 FR
72754; 79 FR 73397; 80 FR 3305; 80 FR 8927; 80 FR 9304):
Michael J. Bechta (PA)
Anatoliy A. Bogdanets (OR)
William L. Brady (KS)
Ricky J. Childress (AL)
Donald S. Dickerson (WV)
David L. Dykman (ID)
Larry E. Emanuel (FL)
Milan D. Frasier (ID)
Greg E. Gage (IA)
Eric M. Giddens, Sr. (DE)
Harold J. Haier (NY)
James A. Jones (MD)
Timothy L. Kelly (TX)
Lewis A. Kielhack (IL)
Daniel E. Manchester (GA)
Joe A. McIlroy (NY)
Richard L. Moreland (MO)
Timothy W. Nappier (MI)
Don R. Padley (MO)
Dennis D. Pimley (CA)
Monte L. Purciful (IN)
Michael R. Seldomridge (FL)
Ronald M. Scott (IN)
Ronald B. Shafer (MI)
Dennis Torrence (WI)
Jeffrey T. Zuniga (CT)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-2005-23238; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2009-
0291; FMCSA-2010-0201; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2012-
0214; FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-
0296; FMCSA-2014-0298; FMCSA-2014-0299. Their exemptions are effective
as of February 5, 2017 and will expire on February 5, 2019.
As of February 7, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, Thomas J. Boss (IL) has satisfied the conditions for
obtaining a renewed exemption from the vision requirements (67 FR
68719; 68 FR 2629; 69 FR 71100; 72 FR 1054; 74 FR 980; 76 FR 4414; 78
FR 798; 80 FR 5615).
The driver was included in Docket No. FMCSA-2002-12844. The
exemption is effective as of February 7, 2017, and will expire on
February 7, 2019.
As of February 11, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 5 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (77 FR
70534; 78 FR 9772; 80 FR 3308):
Douglas Eamens (NY)
Roberto Ramos (TX)
Johnie Reed (VA)
Sammie Soles, Jr. (MI)
Grover C. Taylor (VA)
The drivers were included on the following docket: Docket No.
FMCSA-2012-0337. Their exemptions are effective as of February 11,
2017, and will expire on February 11, 2019.
[[Page 13050]]
As of February 18, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 30 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (80 FR
2473; 80 FR 18693):
David C. Berger (PA)
Raymond L. Bradshaw (TX)
Jeffrey L. Coachman (NY)
Robert W. Cushing (NH)
Kenneth Dionisi (MI)
Wolfgang K. Faulkingham (ME)
Ricky J. Franklin (OR)
James P. Gapinski (MN)
David N. Groff (PA)
Robert J. Hansen (MN)
Kevin L. Himes (CO)
Jackie Lee (FL)
Keith A. Looney (AR)
Van C. Mac (IL)
Chris D. McCance (IL)
Michael W. McCann (VA)
Preston Nehring (FL)
Dennis J. Oie (MN)
Leonardo Polonski (MA)
Don C. Powell (NY)
Luis Ramos (FL)
Kevin C. Rich (NC)
Gerardo Silva (IL)
James A. Spittal (OR)
Paul J. Stewart (CO)
David A. Stinelli (PA)
Ingrid V. Taylor (MI)
Bobby M. Warren (KY)
Steven E. Williams (GA)
Vantha Yeam (PA)
The drivers were included on the following docket: Docket No.
FMCSA-2014-0300. Their exemptions are effective as of February 18,
2017, and will expire on February 18, 2019.
As of February 25, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 19 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (67 FR
54525; 68 FR 8794; 69 FR 64806; 70 FR 2705; 70 FR 8659; 71 FR 63380; 72
FR 1050; 72 FR 1056; 72 FR 5489; 73 FR 51689; 73 FR 63047; 73 FR 76439;
74 FR 981; 74 FR 6207; 75 FR 1835; 75 FR 9482; 75 FR 34209; 75 FR
47883; 75 FR 47886; 75 FR 63255; 75 FR 72863; 75 FR 77942; 75 FR 79083;
75 FR 79084; 76 FR 2190; 76 FR 4414; 76 FR 5425; 76 FR 8809; 77 FR
23799; 77 FR 33558; 77 FR 70534; 77 FR 74731; 77 FR 75496; 78 FR 1919;
78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12817; 80 FR 3723):
William Audinwood (NY)
Kenneth L. Bowers, Jr. (MN)
Lester W. Carter (CA)
Matthew T. Eggers (IA)
Dennis E. Fisher (NY)
Andrew G. Fornsel (NY)
Jerry Hall (KY)
Dennis R. O'Dell Jr. (OK)
Jerry W. Parker (OH)
Gary W. Phelps (PA)
Charles D. Reddick (GA)
Myriam Rodriguez (CA)
Bobby L. Rupe (TX)
Jules M. Sancho, Jr. (LA)
Frank Santak (DE)
Gary Wanek (NE)
Keith Washington (IL)
Kenneth J. Weaver (WY)
Cameron R. Whitford (NY)
The drivers were included on the following docket: Docket No.
FMCSA-2002-12432; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0266;
FMCSA-2009-0321; FMCSA-2010-0114; FMCSA-2010-0187; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-2012-0338;
FMCSA-2012-0339. Their exemptions are effective as of February 25,
2017, and will expire on February 25, 2019.
Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (3) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file 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. 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.
IV. Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 81 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and
31315, each exemption will be valid for two years unless revoked
earlier by FMCSA.
Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04526 Filed 3-7-17; 8:45 am]
BILLING CODE 4910-EX-P
