Qualification of Drivers; Exemption Applications; Vision, 32919-32922 [2017-15026]

Download as PDF Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices work-related duties. It asserts that the 30-minute break unnecessarily imposes unhealthy sedentary activity on Transco drivers. Finally, Transco believes that the granting of this exemption would reduce the number of motor vehicle accidents and congestion on public roads by reducing the overall miles Transco travels to deliver to its customers. A copy of the Transco’s application for exemption is available for review in the docket for this notice. Public Comments On September 28, 2016, FMCSA published Transco’s application for exemption and requested public comment (81 FR 66734). The Agency received 54 comments to the docket, mostly from CMV drivers. More than 40 of the comments opposed the Transco application for exemption. The principal concern of the CMV drivers was that the exemption would convert obvious on-duty time to off-duty time. The Advocates for Highway and Auto Safety expressed concern that rigorous physical activity (loading and unloading) would be substituted for the respite from driver duties provided by the 30-minute rest break. The International Brotherhood of Teamsters opposed the application. It pointed out that the applicant described the typical driver workday as being 19 hours long, making the rest break even more critical to safety and driver health. sradovich on DSK3GMQ082PROD with NOTICES FMCSA Decision When FMCSA proposed the provision requiring a 30-minute rest break, it relied upon research indicating that periods free from work responsibilities are followed by improved work performance. The research showed that this improvement was experienced regardless of the precise nature of the worker’s duties. FMCSA believes that, whatever the relative degree of monotony associated with long-haul and local-delivery driving, the fact is that both types of drivers are susceptible to fatigue as the workday progresses. The Agency believes that rest breaks provide a benefit to both types of drivers, and that safety is improved by allowing drivers to take a break from their duties during the work day. The rest break is especially important for Transco drivers because they accumulate fatigue both from the lifting of their unloading tasks and from 19hour days. For these reasons, FMCSA has denied the applicant’s request for exemption. VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 Issued on: July 11, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–15022 Filed 7–17–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7006; FMCSA– 2001–9258; FMCSA–2001–9561; FMCSA– 2002–11714; FMCSA–2002–13411; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA– 2004–17984; FMCSA–2005–20560; FMCSA– 2005–21254; FMCSA–2006–26653; FMCSA– 2007–2663; FMCSA–2007–27897; FMCSA– 2008–0266; FMCSA–2009–0086; FMCSA– 2009–0121; FMCSA–2010–0354; FMCSA– 2010–0372; FMCSA–2010–0385; FMCSA– 2011–0010; FMCSA–2011–0024; FMCSA– 2011–0057; FMCSA–2011–0092; FMCSA– 2011–0102; FMCSA–2011–0140; FMCSA– 2011–0141; FMCSA–2013–0021; FMCSA– 2013–0025; FMCSA–2013–0027; FMCSA– 2013–0028; FMCSA–2013–0029; FMCSA– 2014–0002; FMCSA–2014–0010; FMCSA– 2014–0302; FMCSA–2014–0305; FMCSA– 2015–0048; FMCSA–2015–0049; FMCSA– 2015–0052; FMCSA–2015–0053; FMCSA– 2015–0055] 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 125 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 August 17, 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. SUMMARY: PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 32919 You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2000–7006; FMCSA–2001–9258; FMCSA–2001–9561; FMCSA–2002– 11714; FMCSA–2002–13411; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA–2004–17984; FMCSA–2005– 20560; FMCSA–2005–21254; FMCSA– 2006–26653; FMCSA–2007–2663; FMCSA–2007–27897; FMCSA–2008– 0266; FMCSA–2009–0086; FMCSA– 2009–0121; FMCSA–2010–0354; FMCSA–2010–0372; FMCSA–2010– 0385; FMCSA–2011–0010; FMCSA– 2011–0024; FMCSA–2011–0057; FMCSA–2011–0092; FMCSA–2011– 0102; FMCSA–2011–0140; FMCSA– 2011–0141; FMCSA–2013–0021; FMCSA–2013–0025; FMCSA–2013– 0027; FMCSA–2013–0028; FMCSA– 2013–0029; FMCSA–2014–0002; FMCSA–2014–0010; FMCSA–2014– 0302; FMCSA–2014–0305; FMCSA– 2015–0048; FMCSA–2015–0049; FMCSA–2015–0052; FMCSA–2015– 0053; FMCSA–2015–0055 using any of the following methods: • Federal eRulemaking Portal: Go to http://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 http:// 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 http:// 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 ADDRESSES: E:\FR\FM\18JYN1.SGM 18JYN1 32920 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the two-year period. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person: Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 125 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. sradovich on DSK3GMQ082PROD 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 VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 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 125 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (65 FR 20245; 65 FR 57230; 66 FR 17743; 66 FR 30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 67 FR 37907; 67 FR 57266; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570; 68 FR 35772; 68 FR 37197; 68 FR 44837; 68 FR 48989; 69 FR 26206; 69 FR 33997; 69 FR 52741; 69 FR 61292; 70 FR 7545; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 30999; 70 FR 33937; 70 FR 41811; 70 FR 42615; 70 FR 46567; 71 FR 26601; 71 FR 55820; 71 FR 62147; 72 FR 7812; 72 FR 8417; 72 FR 27624; 72 FR 28093; 72 FR 32705; 72 FR 36099; 72 FR 39879; 72 FR 40359; 72 FR 40360; 72 FR 40362; 72 FR 52419; 73 FR 36955; 73 FR 51689; 73 FR 63047; 74 FR 6211; 74 FR 19267; 74 FR 19270; 74 FR 20253; 74 FR 26461; 74 FR 26464; 74 FR 26466; 74 FR 28094; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 34632; 75 FR 36779; 75 FR 66423; 75 FR 72863; 75 FR 77492; 76 FR 2190; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 9865; 76 FR 17481; 76 FR 18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29022; 76 FR 29024; 76 FR 29026; 76 FR 37168; 76 FR 37169; 76 FR 37173; 76 FR 37885; 76 FR 40445; 76 FR 44082; 76 FR 44652; 76 FR 44653; 76 FR 49531; 76 FR 50318; 76 FR 53710; 77 FR 38384; 77 FR 74273; 78 FR 800; 78 FR 10251; 78 FR 14410; 78 FR 16762; 78 FR 20376; 78 FR 20379; 78 FR 24300; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 78 FR 52602; 78 FR 56993; 78 FR 57679; 79 FR 4531; 79 FR 10608; 79 FR 22003; 79 FR 24298; 79 FR 35218; 79 FR 51643; 79 FR 64001; 79 FR 73687; 80 FR 603; 80 FR 12248; 80 FR 15863; 80 FR 16500; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29149; 80 FR 29152; 80 FR 31636; 80 FR 31957; 80 FR 33007; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 41548; 80 FR 44185; 80 FR 44188; 80 FR 45573; 80 FR 48404; 80 FR 48409; 80 FR 48413; 80 FR 62161; 80 FR 62163). 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 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 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 August 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 49 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 20245; 65 FR 57230; 66 FR 30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 67 FR 37907; 67 FR 57266; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570; 68 FR 44837; 69 FR 26206; 69 FR 33997; 69 FR 52741; 69 FR 61292; 70 FR 7545; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 71 FR 26601; 71 FR 55820; 71 FR 62147; 72 FR 7812; 72 FR 8417; 72 FR 27624; 72 FR 28093; 72 FR 36099; 72 FR 39879; 72 FR 40362; 72 FR 52419; 73 FR 36955; 73 FR 51689; 73 FR 63047; 74 FR 6211; 74 FR 19267; 74 FR 19270; 74 FR 20253; 74 FR 26461; 74 FR 26466; 74 FR 28094; 74 FR 34395; 74 FR 34630; 75 FR 36779; 75 FR 66423; 75 FR 72863; 75 FR 77492; 76 FR 2190; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 9865; 76 FR 17481; 76 FR 18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29024; 76 FR 29026; 76 FR 37168; 76 FR 37173; 76 FR 37885; 76 FR 44652; 77 FR 38384; 77 FR 74273; 78 FR 800; 78 FR 10251; 78 FR 14410; 78 FR 16762; 78 FR 20376; 78 FR 20379; 78 FR 24300; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51269; 78 FR 56993; 78 FR 57679; 79 FR 10608; 79 FR 22003; 79 FR 24298; 79 FR 35218; 79 FR 51643; 79 FR 64001; 79 FR 73687; 80 FR 603; 80 FR 12248; 80 FR 15863; 80 FR 16500; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29149; 80 FR 29152; 80 FR 31636; 80 FR 31957; 80 FR 33007; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 37718; 80 FR 45573; 80 FR 48404; 80 FR 48409; 80 FR 48413): Joel C. Bailey (FL), James C. Barr (OH), Johnny A. Bingham (NC), Ryan L. Brown (IL), Todd A. Chapman (NC), Don A. Clymer (PA), Timothy J. Curran (CA), Erik R. Davis (GA), Paul W. Dawson (OH), Rodney R. Dawson (KY), Everett A. Doty (AZ), Timothy H. DuBois (MN), Raymond C. Favreau (VT), Thanh V. Ha (CA), Anthony Hall (LA), Johnnie L. Hall (MD), Waylon E. E:\FR\FM\18JYN1.SGM 18JYN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices Hall (LA), Gary D. Hallman (AL), Dean R. Hawley (NC), Tommy T. Hudson (VA), James T. Johnson (KY), Harry L. Jones (OH), Cody A. Keys (OK), David J. Kibble (PA), Thomas Korycki (NJ), David C. Leoffler (CO), Jorge S. Lopez (CA), Boynton L. Manuel (SC), James McClure (NC), Steve J. Morrison (ID), Daniel R. Murphy (WI), Tracy J. Omeara (OR), Armando F. Pederoso Jimenez (MN), Robert D. Porter (CA), Raymond Potter (RI), Scott K. Richardson (OH), Elvis E. Rogers, Jr. (TX), Leo D. Roy (NH), Manuel H. Sanchez (TX), Jose C. Sanchez-Sanchez (WY), Tim M. Seavy (IN), Rick J. Smart (NH), Sukru Tamirci (NY), David R. Thomas (AL), James H. Wallace, Sr. (FL), Roy J. Ware (GA), Marcus R. Watkins (TX), Paul C. Weiss (PA), James Whiteway (TX). The drivers were included in one of the following docket Nos: FMCSA– 2000–7006; FMCSA–2001–9561; FMCSA–2002–11714; FMCSA–2002– 13411; FMCSA–2003–14504; FMCSA– 2004–17984; FMCSA–2005–20560; FMCSA–2006–26653; FMCSA–2007– 2663; FMCSA–2007–27897; FMCSA– 2008–0266; FMCSA–2009–0086; FMCSA–2009–0121; FMCSA–2010– 0354; FMCSA–2010–0372; FMCSA– 2010–0385; FMCSA–2011–0010; FMCSA–2011–0024; FMCSA–2011– 0057; FMCSA–2011–0092; FMCSA– 2013–0021; FMCSA–2013–0025; FMCSA–2013–0027; FMCSA–2013– 0028; FMCSA–2014–0002; FMCSA– 2014–0010; FMCSA–2014–0302; FMCSA–2014–0305; FMCSA–2015– 0048; FMCSA–2015–0049; FMCSA– 2015–0052. Their exemptions are effective as of August 8, 2017, and will expire on August 8, 2019. As of August 10, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 31636; 80 FR 48413): Donald M. Jenson (SD), Dennis D. Lesperance (OR), Dean A. Maystead (MI), Carl V. Murphy, Jr. (TX). The drivers were included in one of the following docket Nos: FMCSA– 2001–9258; FMCSA–2005–21254. Their exemptions are effective as of August 10, 2017, and will expire on August 10, 2019. As of August 12, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 37169; 76 FR 50318; 79 FR 4531; 80 FR 41548): Danny F. Burnley (KY), Sean R. Conorman (MI), Robert E. Graves (NE), VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 Terrence F. Ryan (FL), Stephen W. Verrette (MI), Leslie H. Wylie (ID). The drivers were included in docket No. FMCSA–2011–0140. Their exemptions are effective as of August 12, 2017, and will expire on August 12, 2019. As of August 13, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 40122; 80 FR 62163): William D. Cherry (MA), Pedro Del Bosque (TX), Anthony C. DeNaples (PA), Edward Dugue III (NC), Larry R. Hayes (KS), Wayne E. Jakob (IL), Earney J. Knox (MO), James Smentkowski (NJ), Neil G. Sturges (NY), Norman G. Wooten (TX), Kurt A. Yoder (OH). The drivers were included in docket No. FMCSA–2015–0053. Their exemptions are effective as of August 13, 2017, and will expire on August 13, 2019. As of August 15, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (66 FR 30502; 66 FR 41654; 68 FR 37197; 68 FR 44837; 68 FR 48989; 70 FR 41811; 70 FR 42615; 72 FR 40360; 74 FR 34632; 76 FR 49531; 79 FR 4531; 80 FR 44185): Domenic J. Carassai (NJ), Bruce E. Hemmer (WI), Steven P. Holden (MD), Christopher G. Jarvela (MI), Brad L. Mathna (PA), Vincent P. Miller (CA), Warren J. Nyland (MI), Dennis M. Prevas (WI) Wesley E. Turner (TX), Mona J. Van Krieken (OR), Paul S. Yocum (IN). The drivers were included in one of the following docket Nos: FMCSA– 2001–9561; FMCSA–2003–15268. Their exemptions are effective as of August 15, 2017, and will expire on August 15, 2019. As of August 23, 2017, 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 (76 FR 29022; 76 FR 44082; 78 FR 20376; 78 FR 34141; 78 FR 34143; 78 FR 51268; 78 FR 52602): Twila G. Cole (OR), Bert A. Damm (MT), Jeffrey Dauterman (OH), Brian D. Dowd (MA), Sonya Duff (IN), Randy L. Fales (MN), Marc C. Grooms (MO), Walter A. Hanselman (IN), Craig C. Lowry (MT), Craig M. Mahaffey (OH), Ricky Nickell (OH), Freddy H. Pete (NV), Rickey H. Reeder (TN), Michael PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 32921 L. Sherum (AL), Gregory C. Simmons (VA), Wayne M. Stein (FL), Eddie B. Strange, Jr. (GA), Larry A. Tidwell (MO), Dale A. Torkelson (WI), John Vanek (MO), Desmond Waldor (PA). The drivers were included in one of the following docket Nos: FMCSA– 2011–0102; FMCSA–2013–0025; FMCSA–2013–0029. Their exemptions are effective as of August 23, 2017, and will expire on August 23, 2019. As of August 25, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 20 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 44188; 80 FR 62161): Harold D. Albrecht (IL), Joseph W. Bahr (NJ), Stephen C. Brueggeman (KY), Larry O. Cheek (CA), Louise D. Curtis (FL), Marvin P. Cusey (MN), Chris M. DeJong (NM), Jonathan G. Estabrook (MA), Robert J. Falanga (FL), Refugio Haro (IL), Kevin L. Harrison (TN), Bruce A. Lloyd (MA), Duane S. Lozinski (IA), Keith W. McNabb (ID), Ronald W. Neujahr (KS), Lonnie D. Prejean (TX), Thomas E. Riley (NJ), John B. Stiltner (KY), Rick R. Warner (MI), Theodore A. White (PA). The drivers were included in docket No. FMCSA–2015–0055. Their exemptions are effective as of August 25, 2017, and will expire on August 25, 2019. As of August 29, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 40445; 76 FR 53710; 79 FR 4531): James Howard (CA), Ramon Melendez (NJ), Jesse A. Nosbush (MN). The drivers were included in docket No. FMCSA–2011–0141. Their exemptions are effective as of August 29, 2017, and will expire on August 29, 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 E:\FR\FM\18JYN1.SGM 18JYN1 32922 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices 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 125 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: July 7, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–15026 Filed 7–17–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0383; FMCSA– 2014–0102] Qualification of Drivers; Exemption Applications; Hearing 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 two individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 The renewed exemptions were 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 August 17, 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– 2014–0383; FMCSA–2013–0102 using any of the following methods: • Federal eRulemaking Portal: Go to http://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 http:// 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 http:// 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 DATES: PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the two-year period. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to driver 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 two 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. 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. E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32919-32922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15026]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7006; FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-
2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; 
FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2006-26653; 
FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2008-0266; FMCSA-2009-0086; 
FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0385; 
FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; 
FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0021; 
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; 
FMCSA-2014-0002; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0305; 
FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; 
FMCSA-2015-0055]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 125 
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 August 
17, 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-2000-7006; FMCSA-2001-9258; 
FMCSA-2001-9561; FMCSA-2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; 
FMCSA-2003-15268; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21254; 
FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2008-0266; 
FMCSA-2009-0086; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0372; 
FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; 
FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; 
FMCSA-2013-0021; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; 
FMCSA-2013-0029; FMCSA-2014-0002; FMCSA-2014-0010; FMCSA-2014-0302; 
FMCSA-2014-0305; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052; 
FMCSA-2015-0053; FMCSA-2015-0055 using any of the following methods:
     Federal eRulemaking Portal: Go to http://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 http://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 http://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 32920]]

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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years if it finds ``such exemption would likely achieve a level 
of safety that is equivalent to or greater than the level that would be 
achieved absent such exemption.'' The statute also allows the Agency to 
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver a CMV if that person:

    Has distant visual acuity of at least 20/40 (Snellen) in each 
eye without corrective lenses or visual acuity separately corrected 
to 20/40 (Snellen) or better with corrective lenses, distant 
binocular acuity of a least 20/40 (Snellen) in both eyes with or 
without corrective lenses, field of vision of at least 70[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 125 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 125 applicants has satisfied the renewal conditions for obtaining 
an exemption from the vision requirement (65 FR 20245; 65 FR 57230; 66 
FR 17743; 66 FR 30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 67 FR 
37907; 67 FR 57266; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570; 
68 FR 35772; 68 FR 37197; 68 FR 44837; 68 FR 48989; 69 FR 26206; 69 FR 
33997; 69 FR 52741; 69 FR 61292; 70 FR 7545; 70 FR 17504; 70 FR 25878; 
70 FR 30997; 70 FR 30999; 70 FR 33937; 70 FR 41811; 70 FR 42615; 70 FR 
46567; 71 FR 26601; 71 FR 55820; 71 FR 62147; 72 FR 7812; 72 FR 8417; 
72 FR 27624; 72 FR 28093; 72 FR 32705; 72 FR 36099; 72 FR 39879; 72 FR 
40359; 72 FR 40360; 72 FR 40362; 72 FR 52419; 73 FR 36955; 73 FR 51689; 
73 FR 63047; 74 FR 6211; 74 FR 19267; 74 FR 19270; 74 FR 20253; 74 FR 
26461; 74 FR 26464; 74 FR 26466; 74 FR 28094; 74 FR 34074; 74 FR 34395; 
74 FR 34630; 74 FR 34632; 75 FR 36779; 75 FR 66423; 75 FR 72863; 75 FR 
77492; 76 FR 2190; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 9865; 76 
FR 17481; 76 FR 18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 
25762; 76 FR 25766; 76 FR 28125; 76 FR 29022; 76 FR 29024; 76 FR 29026; 
76 FR 37168; 76 FR 37169; 76 FR 37173; 76 FR 37885; 76 FR 40445; 76 FR 
44082; 76 FR 44652; 76 FR 44653; 76 FR 49531; 76 FR 50318; 76 FR 53710; 
77 FR 38384; 77 FR 74273; 78 FR 800; 78 FR 10251; 78 FR 14410; 78 FR 
16762; 78 FR 20376; 78 FR 20379; 78 FR 24300; 78 FR 24798; 78 FR 27281; 
78 FR 30954; 78 FR 34141; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 
46407; 78 FR 51268; 78 FR 51269; 78 FR 52602; 78 FR 56993; 78 FR 57679; 
79 FR 4531; 79 FR 10608; 79 FR 22003; 79 FR 24298; 79 FR 35218; 79 FR 
51643; 79 FR 64001; 79 FR 73687; 80 FR 603; 80 FR 12248; 80 FR 15863; 
80 FR 16500; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 
26320; 80 FR 29149; 80 FR 29152; 80 FR 31636; 80 FR 31957; 80 FR 33007; 
80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 37718; 80 FR 40122; 80 FR 
41547; 80 FR 41548; 80 FR 44185; 80 FR 44188; 80 FR 45573; 80 FR 48404; 
80 FR 48409; 80 FR 48413; 80 FR 62161; 80 FR 62163). 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 August 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 49 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (65 FR 
20245; 65 FR 57230; 66 FR 30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 
67 FR 37907; 67 FR 57266; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 
33570; 68 FR 44837; 69 FR 26206; 69 FR 33997; 69 FR 52741; 69 FR 61292; 
70 FR 7545; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 71 FR 
26601; 71 FR 55820; 71 FR 62147; 72 FR 7812; 72 FR 8417; 72 FR 27624; 
72 FR 28093; 72 FR 36099; 72 FR 39879; 72 FR 40362; 72 FR 52419; 73 FR 
36955; 73 FR 51689; 73 FR 63047; 74 FR 6211; 74 FR 19267; 74 FR 19270; 
74 FR 20253; 74 FR 26461; 74 FR 26466; 74 FR 28094; 74 FR 34395; 74 FR 
34630; 75 FR 36779; 75 FR 66423; 75 FR 72863; 75 FR 77492; 76 FR 2190; 
76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 9865; 76 FR 17481; 76 FR 
18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 
76 FR 28125; 76 FR 29024; 76 FR 29026; 76 FR 37168; 76 FR 37173; 76 FR 
37885; 76 FR 44652; 77 FR 38384; 77 FR 74273; 78 FR 800; 78 FR 10251; 
78 FR 14410; 78 FR 16762; 78 FR 20376; 78 FR 20379; 78 FR 24300; 78 FR 
24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 37270; 78 FR 41188; 
78 FR 46407; 78 FR 51269; 78 FR 56993; 78 FR 57679; 79 FR 10608; 79 FR 
22003; 79 FR 24298; 79 FR 35218; 79 FR 51643; 79 FR 64001; 79 FR 73687; 
80 FR 603; 80 FR 12248; 80 FR 15863; 80 FR 16500; 80 FR 18696; 80 FR 
22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29149; 80 FR 29152; 
80 FR 31636; 80 FR 31957; 80 FR 33007; 80 FR 35699; 80 FR 36395; 80 FR 
36398; 80 FR 37718; 80 FR 45573; 80 FR 48404; 80 FR 48409; 80 FR 
48413):

Joel C. Bailey (FL), James C. Barr (OH), Johnny A. Bingham (NC), Ryan 
L. Brown (IL), Todd A. Chapman (NC), Don A. Clymer (PA), Timothy J. 
Curran (CA), Erik R. Davis (GA), Paul W. Dawson (OH), Rodney R. Dawson 
(KY), Everett A. Doty (AZ), Timothy H. DuBois (MN), Raymond C. Favreau 
(VT), Thanh V. Ha (CA), Anthony Hall (LA), Johnnie L. Hall (MD), Waylon 
E.

[[Page 32921]]

Hall (LA), Gary D. Hallman (AL), Dean R. Hawley (NC), Tommy T. Hudson 
(VA), James T. Johnson (KY), Harry L. Jones (OH), Cody A. Keys (OK), 
David J. Kibble (PA), Thomas Korycki (NJ), David C. Leoffler (CO), 
Jorge S. Lopez (CA), Boynton L. Manuel (SC), James McClure (NC), Steve 
J. Morrison (ID), Daniel R. Murphy (WI), Tracy J. Omeara (OR), Armando 
F. Pederoso Jimenez (MN), Robert D. Porter (CA), Raymond Potter (RI), 
Scott K. Richardson (OH), Elvis E. Rogers, Jr. (TX), Leo D. Roy (NH), 
Manuel H. Sanchez (TX), Jose C. Sanchez-Sanchez (WY), Tim M. Seavy 
(IN), Rick J. Smart (NH), Sukru Tamirci (NY), David R. Thomas (AL), 
James H. Wallace, Sr. (FL), Roy J. Ware (GA), Marcus R. Watkins (TX), 
Paul C. Weiss (PA), James Whiteway (TX).

    The drivers were included in one of the following docket Nos: 
FMCSA-2000-7006; FMCSA-2001-9561; FMCSA-2002-11714; FMCSA-2002-13411; 
FMCSA-2003-14504; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2006-26653; 
FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2008-0266; FMCSA-2009-0086; 
FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0385; 
FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; 
FMCSA-2013-0021; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; 
FMCSA-2014-0002; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0305; 
FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052. Their exemptions are 
effective as of August 8, 2017, and will expire on August 8, 2019.
    As of August 10, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following four individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (80 FR 
31636; 80 FR 48413):

Donald M. Jenson (SD), Dennis D. Lesperance (OR), Dean A. Maystead 
(MI), Carl V. Murphy, Jr. (TX).

    The drivers were included in one of the following docket Nos: 
FMCSA-2001-9258; FMCSA-2005-21254. Their exemptions are effective as of 
August 10, 2017, and will expire on August 10, 2019.
    As of August 12, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (76 FR 
37169; 76 FR 50318; 79 FR 4531; 80 FR 41548):

Danny F. Burnley (KY), Sean R. Conorman (MI), Robert E. Graves (NE), 
Terrence F. Ryan (FL), Stephen W. Verrette (MI), Leslie H. Wylie (ID).

    The drivers were included in docket No. FMCSA-2011-0140. Their 
exemptions are effective as of August 12, 2017, and will expire on 
August 12, 2019.
    As of August 13, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (80 FR 
40122; 80 FR 62163):

William D. Cherry (MA), Pedro Del Bosque (TX), Anthony C. DeNaples 
(PA), Edward Dugue III (NC), Larry R. Hayes (KS), Wayne E. Jakob (IL), 
Earney J. Knox (MO), James Smentkowski (NJ), Neil G. Sturges (NY), 
Norman G. Wooten (TX), Kurt A. Yoder (OH).

    The drivers were included in docket No. FMCSA-2015-0053. Their 
exemptions are effective as of August 13, 2017, and will expire on 
August 13, 2019.
    As of August 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (66 FR 
30502; 66 FR 41654; 68 FR 37197; 68 FR 44837; 68 FR 48989; 70 FR 41811; 
70 FR 42615; 72 FR 40360; 74 FR 34632; 76 FR 49531; 79 FR 4531; 80 FR 
44185):

Domenic J. Carassai (NJ), Bruce E. Hemmer (WI), Steven P. Holden (MD), 
Christopher G. Jarvela (MI), Brad L. Mathna (PA), Vincent P. Miller 
(CA), Warren J. Nyland (MI), Dennis M. Prevas (WI) Wesley E. Turner 
(TX), Mona J. Van Krieken (OR), Paul S. Yocum (IN).

    The drivers were included in one of the following docket Nos: 
FMCSA-2001-9561; FMCSA-2003-15268. Their exemptions are effective as of 
August 15, 2017, and will expire on August 15, 2019.
    As of August 23, 2017, 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 (76 FR 
29022; 76 FR 44082; 78 FR 20376; 78 FR 34141; 78 FR 34143; 78 FR 51268; 
78 FR 52602):

Twila G. Cole (OR), Bert A. Damm (MT), Jeffrey Dauterman (OH), Brian D. 
Dowd (MA), Sonya Duff (IN), Randy L. Fales (MN), Marc C. Grooms (MO), 
Walter A. Hanselman (IN), Craig C. Lowry (MT), Craig M. Mahaffey (OH), 
Ricky Nickell (OH), Freddy H. Pete (NV), Rickey H. Reeder (TN), Michael 
L. Sherum (AL), Gregory C. Simmons (VA), Wayne M. Stein (FL), Eddie B. 
Strange, Jr. (GA), Larry A. Tidwell (MO), Dale A. Torkelson (WI), John 
Vanek (MO), Desmond Waldor (PA).

    The drivers were included in one of the following docket Nos: 
FMCSA-2011-0102; FMCSA-2013-0025; FMCSA-2013-0029. Their exemptions are 
effective as of August 23, 2017, and will expire on August 23, 2019.
    As of August 25, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 20 individuals have satisfied the conditions 
for obtaining a renewed exemption from the vision requirements (80 FR 
44188; 80 FR 62161):

Harold D. Albrecht (IL), Joseph W. Bahr (NJ), Stephen C. Brueggeman 
(KY), Larry O. Cheek (CA), Louise D. Curtis (FL), Marvin P. Cusey (MN), 
Chris M. DeJong (NM), Jonathan G. Estabrook (MA), Robert J. Falanga 
(FL), Refugio Haro (IL), Kevin L. Harrison (TN), Bruce A. Lloyd (MA), 
Duane S. Lozinski (IA), Keith W. McNabb (ID), Ronald W. Neujahr (KS), 
Lonnie D. Prejean (TX), Thomas E. Riley (NJ), John B. Stiltner (KY), 
Rick R. Warner (MI), Theodore A. White (PA).

    The drivers were included in docket No. FMCSA-2015-0055. Their 
exemptions are effective as of August 25, 2017, and will expire on 
August 25, 2019.
    As of August 29, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following three individuals have satisfied the 
conditions for obtaining a renewed exemption from the vision 
requirements (76 FR 40445; 76 FR 53710; 79 FR 4531):

James Howard (CA), Ramon Melendez (NJ), Jesse A. Nosbush (MN).

    The drivers were included in docket No. FMCSA-2011-0141. Their 
exemptions are effective as of August 29, 2017, and will expire on 
August 29, 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

[[Page 32922]]

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 125 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: July 7, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15026 Filed 7-17-17; 8:45 am]
BILLING CODE 4910-EX-P