Qualification of Drivers; Exemption Applications; Vision, 16662-16664 [2017-06720]
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Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices
The physical qualification standard
for drivers regarding hearing found in
49 CFR 391.41(b)(11) states that a
person is physically qualified to drive a
CMV if that person:
First perceives a forced whispered voice in
the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested
by use of an audiometric device, does not
have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz,
and 2,000 Hz with or without a hearing aid
when the audiometric device is calibrated to
American National Standard (formerly ASA
Standard) Z24.5–1951.
49 CFR 391.41(b)(11) was adopted in
1970, with a revision in 1971 to allow
drivers to be qualified under this
standard while wearing a hearing aid,
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971).
The 3 individuals listed in this notice
have requested renewal of their
exemptions from the hearing standard
in 49 CFR 391.41(b)(11), 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.
jstallworth on DSK7TPTVN1PROD 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 twelve
applicants has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement (80 FR
57032; 80 FR 60747). In addition, for
Commercial Driver’s License (CDL)
holders, the Commercial Driver’s
License Information System (CDLIS)
and the Motor Carrier Management
Information System (MCMIS) are
searched for crash and violation data.
For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency (SDLA).
These factors provide an adequate basis
for predicting each driver’s ability to
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15:11 Apr 04, 2017
Jkt 241001
continue to safely operate a CMV in
interstate commerce.
The 3 drivers in this notice remain in
good standing with the Agency and
have not exhibited any medical issues
that would compromise their ability to
safely operate a CMV during the
previous two-year exemption period.
FMCSA has concluded that renewing
the exemptions for each of these
applicants is likely to achieve a level of
safety equal to that existing without the
exemption. Therefore, FMCSA has
decided to renew each exemption for a
two-year period. In accordance with 49
U.S.C. 31136(e) and 31315, each driver
has received a renewed exemption.
As of April 8, 2017, Clark Dobson
(CA) has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in 49 CFR
391.41(b)(11), from driving CMVs in
interstate commerce (79 FR 9036). This
driver was included in FMCSA–2013–
0124. The exemption was effective on
April 8, 2017, and will expire on April
8, 2019.
As of April 8, 2017, Gregory Hill (MS)
has satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in 49 CFR
391.41(b)(11), from driving CMVs in
interstate commerce (80 FR 18926). This
driver was included in FMCSA–2013–
0123. The exemption was effective on
April 8, 2017, and will expire on April
8, 2019.
As of April 21, 2017, Ronald Rutter
(WA) has satisfied renewal conditions
for obtaining an exemption from the
hearing requirement in 49 CFR
391.41(b)(11), from driving CMVs in
interstate commerce (81 FR 12556). This
driver was included in FMCSA–2013–
0123. The exemption was effective on
April 21, 2017, and will expire on April
21, 2019.
IV. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in 49 CFR 390.5;
and (2) report all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391
to FMCSA. In addition, the driver must
also have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. The driver is
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The exemption does not
exempt the individual from meeting the
applicable CDL testing requirements.
Each exemption will be valid for two
years unless rescinded earlier by
FMCSA. The exemption will be
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Sfmt 4703
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. Conclusion
Based upon its evaluation of the three
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the hearing requirement in
49 CFR 391.41 (b)(11). 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: March 29, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–06721 Filed 4–4–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5748; FMCSA–
1999–6156; FMCSA–2001–11426; FMCSA–
2003–16564; FMCSA–2005–22194; FMCSA–
2005–23099; FMCSA–2006–23773; FMCSA–
2006–24015; FMCSA–2006–24783; FMCSA–
2007–0017; FMCSA–2007–0071; FMCSA–
2007–29010; FMCSA–2008–0021; FMCSA–
2009–0011; FMCSA–2009–0291; FMCSA–
2010–0050; FMCSA–2010–0082; FMCSA–
2011–0379; FMCSA–2012–0040; FMCSA–
2012–0104; FMCSA–2012–0106; FMCSA–
2013–0166; FMCSA–2013–0174; FMCSA–
2014–0002; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005; FMCSA–
2014–0006]
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 88
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
SUMMARY:
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Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices
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:
jstallworth on DSK7TPTVN1PROD with NOTICES
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 29, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 88
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 96196). The public comment period
ended on January 30, 2017, and two
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/
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15:11 Apr 04, 2017
Jkt 241001
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 two comments in
this preceding. Amy Schindler stated
that she believes granting these
exemptions are potentially unsafe. As
discussed in section II of this 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).
Whitney-Rose Levis is in favor of
granting the exemptions, but states that
the Federal Motor Carrier Safety
Regulations should be updated to allow
monocular drivers to operate without
having to renew an exemption.
VI. Conclusion
As of July 8, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 40 individuals have satisfied
the conditions for obtaining a renewed
exemption from the vision requirements
(64 FR 40404; 64 FR 66962; 66 FR
63289; 67 FR 10471; 67 FR 19798; 68 FR
64944; 69 FR 19611; 70 FR 57353; 70 FR
67776; 70 FR 72689; 71 FR 26602; 72 FR
58362; 72 FR 64273; 72 FR 67340; 72 FR
67344; 73 FR 1395; 73 FR 6242; 73 FR
15254; 73 FR 15567; 73 FR 16950; 73 FR
27015; 73 FR 27017; 74 FR 62632; 74 FR
65842; 74 FR 65845; 75 FR 9477; 75 FR
9482; 75 FR 14656; 75 FR 19674; 75 FR
20881; 75 FR 27621; 75 FR 28684; 76 FR
70215; 77 FR 7233; 77 FR 10606; 77 FR
13689; 77 FR 17115; 77 FR 23799; 77 FR
23800; 77 FR 27847; 77 FR 27849; 77 FR
33558; 77 FR 38386; 78 FR 62935; 78 FR
64280; 78 FR 76395; 79 FR 1908; 79 FR
10606; 79 FR 14328; 79 FR 14331; 79 FR
14333; 79 FR 14571; 79 FR 17641; 79 FR
18390; 79 FR 18392; 79 FR 22000; 79 FR
22003; 79 FR 23797; 79 FR 27365; 79 FR
27681; 79 FR 28588; 79 FR 29495; 79 FR
29498; 79 FR 38649):
Guy M. Alloway (OR)
Roger E. Anderson (TX)
Alan A. Andrews (NE)
William C. Christy (FL)
David F. Cialdea (MA)
Gerard J. Cormier (MA)
Travis C. Denzler (MN)
Barent H. Eliason (MO)
Sean O. Feeny (FL)
Paul W. Fettig (SD)
Hector O. Flores (MD)
Brian R. Gallagher (TX)
Todd C. Grider (IN)
Jimmy G. Hall (NC)
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16663
Taras G. Hamilton (TX)
Donald W. Holt (MA)
William D. Jackson (MN)
Darryl J. Johnson (MN)
Gregory R. Johnson (SC)
Glenn K. Johnson, Jr. (NC)
John Lucas (NC)
Albert E. Malley (MN)
Steven Martin (IL)
Charles E. Meis (TX)
Carlos A. Mendez-Castellon (VA)
Michael R. Moore (MD)
Charles R. Morris, Jr. (OH)
Hassan Ourahou (KY)
James M. Nohl (MN)
Enoc Ramos III (TX)
Jamey D. Reed (OK)
Christopher A. Reineck (OH)
James T. Rohr (MN)
Joe Sanchez (TX)
James S. Seeno (NV)
Steven S. Smith, Jr. (PA)
Thomas L. Tveit (SD)
Kevin R. White (NC)
Richard W. Wylie (CT)
Steven E. Young (MO)
The drivers were included in one of
the following docket Nos: FMCSA–
1999–5748; FMCSA–2001–11426;
FMCSA–2005–22194; FMCSA–2007–
0017; FMCSA–2007–0071; FMCSA–
2007–29019; FMCSA–2008–0021;
FMCSA–2009–0291; FMCSA–2010–
0050; FMCSA–2012–0040; FMCSA–
2012–0104; FMCSA–2013–0166;
FMCSA–2013–0174; FMCSA–2014–
0002; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005. Their
exemptions are effective as of July 8,
2016, and will expire on July 8, 2018.
As of July 12, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 7 individuals have satisfied
the conditions for obtaining a renewed
exemption from the vision requirements
(71 FR 4194; 71 FR 13450; 73 FR 15255;
75 FR 9481; 75 FR 20882; 75 FR 22178;
75 FR 25917; 75 FR 25918; 75 FR 39729;
77 FR 15184; 77 FR 27847; 77 FR 27850;
77 FR 36338; 77 FR 38386; 79 FR
35220):
Walter M. Brown (SC)
Chadwick S. Chambers (AL)
William C. Dempsey, Jr. (MA)
Miguel H. Espinoza (CA)
Ricky P. Hastings (TX)
Leland B. Moss (VT)
Markus Perkins (LA)
The drivers were included in one of
the following docket Nos: FMCSA–
2005–23099; FMCSA–2009–0011;
FMCSA–2010–0082; FMCSA–2011–
0379; FMCSA–2012–0104. Their
exemptions are effective as of July 12,
2016, and will expire on July 12, 2018.
As of July 20, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 17 individuals have satisfied
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jstallworth on DSK7TPTVN1PROD with NOTICES
16664
Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices
the conditions for obtaining a renewed
exemption from the vision requirements
(64 FR 5948; 65 FR 159; 67 FR 10471;
67 FR 10475; 67 FR 19798; 68 FR 74699;
69 FR 8260; 69 FR 10503; 69 FR 19611;
70 FR 57353; 70 FR 72689; 71 FR 6824;
71 FR 6828; 71 FR 6829; 71 FR 14567;
71 FR 19604; 71 FR 26602; 71 FR 30229;
71 FR 32183; 71 FR 41310; 73 FR 11989;
73 FR 15567; 73 FR 27017; 73 FR 27018;
73 FR 28187; 73 FR 36955; 75 FR 36778;
75 FR 36779; 77 FR 38384; 79 FR 35212;
79 FR 35218; 79 FR 47175):
Delmas C. Bergdoll (WV)
Kenneth J. Bernard (LA)
Harvis P. Cosby (MD)
Daniel R. Franks (OH)
Walter D. Hague, Jr. (VA)
William G. Hix (AR)
Timothy B. Hummel (KY)
Clarence H. Jacobsma (IN)
Charles E. Johnston (MO)
Aaron C. Lougher (OR)
William F. Mack (WA)
Patrick E. Martin (WA)
Leland K. McAlhaney (IN)
Ronald M. Price (MD)
Scott D. Russell (WI)
Alton M. Rutherford (FL)
Sandra J. Sperling (WA)
The drivers were included in one of
the following docket Nos: FMCSA–
1999–6156; FMCSA–2001–11426;
FMCSA–2003–16564; FMCSA–2005–
22194; FMCSA–2006–23773; FMCSA–
2006–24015; FMCSA–2006–24783;
FMCSA–2008–0021; FMCSA–2014–
0006. Their exemptions are effective as
of July 20, 2016, and will expire on July
20, 2018. As of July 22, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 15 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (79 FR 35212; 79
FR 47175):
Abdulahi Abukar (KY)
Gregory K. Banister (SC)
Amanuel W. Behon (WA)
Kenneth W. Bos (MN)
Brian L. Elliot (MO)
Bradley C. Hansell (OR)
Samuel L. Klaphake (MN)
Timothy L. Klose (PA)
Phillip E. Mason (MO)
Kenneth A. Orrino (WA)
Ruel W. Smith (SD)
Loren Smith (SD)
Seth D. Sweeten (ID)
Ronald L. Weiss (MN)
John T. White, Jr. (NC)
The drivers were included in docket
No. FMCSA–2014–0006. Their
exemptions are effective as of July 22,
2016, and will expire on July 22, 2018.
As of July 30, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 9 individuals have satisfied
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15:11 Apr 04, 2017
Jkt 241001
the conditions for obtaining a renewed
exemption from the vision requirements
(71 FR 32183; 71 FR 41310; 73 FR
36955; 75 FR 25917; 75 FR 36779; 75 FR
39729; 77 FR 33017; 77 FR 36338; 77 FR
38384; 77 FR 44708; 79 FR 37843; 79 FR
38661):
Dale W. Coblentz (MT)
Lester M. Ellingson, Jr.
Damon G. Gallardo (CA)
Daniel L. Grover (KS)
James E. Modaffari (OR)
Larry A. Nienhaus (MI)
Gregory A. Reinert (MN)
Scott J. Schlenker (WA)
Joseph B. Shaw, Jr. (VA)
The drivers were included in one of
the following docket Nos: FMCSA–
2006–24783; FMCSA–2010–0082;
FMCSA–2012–0106. Their exemptions
are effective as of July 30, 2016, and will
expire on July 30, 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: March 29, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–06720 Filed 4–4–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0521]
Agency Information Collection
Activity: Compliance Inspection Report
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The Veterans Benefits
Administration (VBA), Department of
Veterans Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) or
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension, of a currently approved
SUMMARY:
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
collection, and allow 60 days for public
comment in response to the notice.
VA Forms 26–1820, 26–8497 and 26–
8497a are used by Lenders to obtain
specific information concerning a
veteran’s credit history in order to
properly underwrite the veteran’s loan.
The data collected on the forms is used
to ensure that applications for VAguaranteed loans are underwritten in a
reasonable and prudent manner.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before June 5, 2017.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0521’’ in any
correspondence. During the comment
period, comments may be viewed online
through the FDMS.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Kessinger at (202) 632–8924 or
FAX (202) 632–8925.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: Public Law 104–13; 44 U.S.C.
3501–21.
Title: Compliance Inspection Report
(VA Form 26–1820, VA Form 26–8497,
VA Form 26–8497a).
OMB Control Number: 2900–0521.
Type of Review: Extension of an
approved collection.
Abstract: Lenders must obtain specific
information concerning a veteran’s
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]]>Agencies
[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16662-16664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06720]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-
2003-16564; FMCSA-2005-22194; FMCSA-2005-23099; FMCSA-2006-23773;
FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-0071;
FMCSA-2007-29010; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0291;
FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0379; FMCSA-2012-0040;
FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0166; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005;
FMCSA-2014-0006]
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 88
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
[[Page 16663]]
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 29, 2016, FMCSA published a notice announcing its
decision to renew exemptions for 88 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 96196). The
public comment period ended on January 30, 2017, and two 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 two comments in this preceding. Amy Schindler stated
that she believes granting these exemptions are potentially unsafe. As
discussed in section II of this 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). Whitney-Rose Levis is in favor of
granting the exemptions, but states that the Federal Motor Carrier
Safety Regulations should be updated to allow monocular drivers to
operate without having to renew an exemption.
VI. Conclusion
As of July 8, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 40 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (64 FR
40404; 64 FR 66962; 66 FR 63289; 67 FR 10471; 67 FR 19798; 68 FR 64944;
69 FR 19611; 70 FR 57353; 70 FR 67776; 70 FR 72689; 71 FR 26602; 72 FR
58362; 72 FR 64273; 72 FR 67340; 72 FR 67344; 73 FR 1395; 73 FR 6242;
73 FR 15254; 73 FR 15567; 73 FR 16950; 73 FR 27015; 73 FR 27017; 74 FR
62632; 74 FR 65842; 74 FR 65845; 75 FR 9477; 75 FR 9482; 75 FR 14656;
75 FR 19674; 75 FR 20881; 75 FR 27621; 75 FR 28684; 76 FR 70215; 77 FR
7233; 77 FR 10606; 77 FR 13689; 77 FR 17115; 77 FR 23799; 77 FR 23800;
77 FR 27847; 77 FR 27849; 77 FR 33558; 77 FR 38386; 78 FR 62935; 78 FR
64280; 78 FR 76395; 79 FR 1908; 79 FR 10606; 79 FR 14328; 79 FR 14331;
79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 18392; 79 FR
22000; 79 FR 22003; 79 FR 23797; 79 FR 27365; 79 FR 27681; 79 FR 28588;
79 FR 29495; 79 FR 29498; 79 FR 38649):
Guy M. Alloway (OR)
Roger E. Anderson (TX)
Alan A. Andrews (NE)
William C. Christy (FL)
David F. Cialdea (MA)
Gerard J. Cormier (MA)
Travis C. Denzler (MN)
Barent H. Eliason (MO)
Sean O. Feeny (FL)
Paul W. Fettig (SD)
Hector O. Flores (MD)
Brian R. Gallagher (TX)
Todd C. Grider (IN)
Jimmy G. Hall (NC)
Taras G. Hamilton (TX)
Donald W. Holt (MA)
William D. Jackson (MN)
Darryl J. Johnson (MN)
Gregory R. Johnson (SC)
Glenn K. Johnson, Jr. (NC)
John Lucas (NC)
Albert E. Malley (MN)
Steven Martin (IL)
Charles E. Meis (TX)
Carlos A. Mendez-Castellon (VA)
Michael R. Moore (MD)
Charles R. Morris, Jr. (OH)
Hassan Ourahou (KY)
James M. Nohl (MN)
Enoc Ramos III (TX)
Jamey D. Reed (OK)
Christopher A. Reineck (OH)
James T. Rohr (MN)
Joe Sanchez (TX)
James S. Seeno (NV)
Steven S. Smith, Jr. (PA)
Thomas L. Tveit (SD)
Kevin R. White (NC)
Richard W. Wylie (CT)
Steven E. Young (MO)
The drivers were included in one of the following docket Nos:
FMCSA-1999-5748; FMCSA-2001-11426; FMCSA-2005-22194; FMCSA-2007-0017;
FMCSA-2007-0071; FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009-0291;
FMCSA-2010-0050; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0166;
FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0005. Their exemptions are effective as of July 8, 2016, and
will expire on July 8, 2018.
As of July 12, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 7 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (71 FR 4194;
71 FR 13450; 73 FR 15255; 75 FR 9481; 75 FR 20882; 75 FR 22178; 75 FR
25917; 75 FR 25918; 75 FR 39729; 77 FR 15184; 77 FR 27847; 77 FR 27850;
77 FR 36338; 77 FR 38386; 79 FR 35220):
Walter M. Brown (SC)
Chadwick S. Chambers (AL)
William C. Dempsey, Jr. (MA)
Miguel H. Espinoza (CA)
Ricky P. Hastings (TX)
Leland B. Moss (VT)
Markus Perkins (LA)
The drivers were included in one of the following docket Nos:
FMCSA-2005-23099; FMCSA-2009-0011; FMCSA-2010-0082; FMCSA-2011-0379;
FMCSA-2012-0104. Their exemptions are effective as of July 12, 2016,
and will expire on July 12, 2018.
As of July 20, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 17 individuals have satisfied
[[Page 16664]]
the conditions for obtaining a renewed exemption from the vision
requirements (64 FR 5948; 65 FR 159; 67 FR 10471; 67 FR 10475; 67 FR
19798; 68 FR 74699; 69 FR 8260; 69 FR 10503; 69 FR 19611; 70 FR 57353;
70 FR 72689; 71 FR 6824; 71 FR 6828; 71 FR 6829; 71 FR 14567; 71 FR
19604; 71 FR 26602; 71 FR 30229; 71 FR 32183; 71 FR 41310; 73 FR 11989;
73 FR 15567; 73 FR 27017; 73 FR 27018; 73 FR 28187; 73 FR 36955; 75 FR
36778; 75 FR 36779; 77 FR 38384; 79 FR 35212; 79 FR 35218; 79 FR
47175):
Delmas C. Bergdoll (WV)
Kenneth J. Bernard (LA)
Harvis P. Cosby (MD)
Daniel R. Franks (OH)
Walter D. Hague, Jr. (VA)
William G. Hix (AR)
Timothy B. Hummel (KY)
Clarence H. Jacobsma (IN)
Charles E. Johnston (MO)
Aaron C. Lougher (OR)
William F. Mack (WA)
Patrick E. Martin (WA)
Leland K. McAlhaney (IN)
Ronald M. Price (MD)
Scott D. Russell (WI)
Alton M. Rutherford (FL)
Sandra J. Sperling (WA)
The drivers were included in one of the following docket Nos:
FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-2003-16564; FMCSA-2005-22194;
FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2008-0021;
FMCSA-2014-0006. Their exemptions are effective as of July 20, 2016,
and will expire on July 20, 2018. As of July 22, 2016, and in
accordance with 49 U.S.C. 31136(e) and 31315, the following 15
individuals have satisfied the conditions for obtaining a renewed
exemption from the vision requirements (79 FR 35212; 79 FR 47175):
Abdulahi Abukar (KY)
Gregory K. Banister (SC)
Amanuel W. Behon (WA)
Kenneth W. Bos (MN)
Brian L. Elliot (MO)
Bradley C. Hansell (OR)
Samuel L. Klaphake (MN)
Timothy L. Klose (PA)
Phillip E. Mason (MO)
Kenneth A. Orrino (WA)
Ruel W. Smith (SD)
Loren Smith (SD)
Seth D. Sweeten (ID)
Ronald L. Weiss (MN)
John T. White, Jr. (NC)
The drivers were included in docket No. FMCSA-2014-0006. Their
exemptions are effective as of July 22, 2016, and will expire on July
22, 2018.
As of July 30, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 9 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (71 FR
32183; 71 FR 41310; 73 FR 36955; 75 FR 25917; 75 FR 36779; 75 FR 39729;
77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 44708; 79 FR 37843; 79 FR
38661):
Dale W. Coblentz (MT)
Lester M. Ellingson, Jr.
Damon G. Gallardo (CA)
Daniel L. Grover (KS)
James E. Modaffari (OR)
Larry A. Nienhaus (MI)
Gregory A. Reinert (MN)
Scott J. Schlenker (WA)
Joseph B. Shaw, Jr. (VA)
The drivers were included in one of the following docket Nos:
FMCSA-2006-24783; FMCSA-2010-0082; FMCSA-2012-0106. Their exemptions
are effective as of July 30, 2016, and will expire on July 30, 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: March 29, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-06720 Filed 4-4-17; 8:45 am]
BILLING CODE 4910-EX-P
