Qualification of Drivers; Exemption Applications; Vision, 58260-58262 [2017-26596]
Download as PDF
daltland on DSKBBV9HB2PROD with NOTICES
58260
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(76 FR 66120; 76 FR 79759; 80 FR
74196):
Lennie D. Cook (OH)
David R. Cornelius (IL)
Scott A. Edwards (PA)
Ronald J. Ezell (MO)
Marcus M. Gagne (ME)
David P. Govero (MO)
Christopher A. Jones (WY)
Donald R. McClure, Jr. (PA)
Clyde G. Rishel, Jr. (PA)
Kurt Schneider (VT)
Douglas O. Sundby (ND)
The drivers were included in docket
number FMCSA–2011–0278. Their
exemptions are applicable as of
December 22, 2017, and will expire on
December 22, 2019.
As of December 24, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(78 FR 64267; 78 FR 77784; 80 FR
74196):
Theeir L. Coleman (VA)
William I. Harbolt (MT)
Ryan L. Harrier (MI)
Larry W. Hines (NM)
Mark G. Kahler (TX)
Michael W. McCrary (GA)
Sean T. McMahon (WI)
David S. Monroe (KS)
John E. Parker (KS)
David G. Schultz (PA)
Donald A. Spivey (TN)
Jerry D. Zimmerman (ND)
The drivers were included in docket
number FMCSA–2013–0184. Their
exemptions are applicable as of
December 24, 2017, and will expire on
December 24, 2019.
As of December 29, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(80 FR 74190; 81 FR 6332):
Michael E. Adrieansen (IL)
Samuel M. Balis (PA)
Dwight J. Banks (IL)
David R. Bauman, III (MI)
Dustin D. Brown (WI)
Thomas W. Camp (VA)
Nathan G. Carnes (OR)
Damiano DiFlorio (NJ)
Sammy N. Fox (PA)
Matthew D. Fox (IN)
Chadwick E. Gainey (FL)
Jamal A. George (OH)
John M. Halm (WA)
William R. Hardy (MI)
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
Craig A. Hendrickson (IL)
Darold W. Mahlstedt (IA)
Robert L. McConnell (PA)
Randall T. Mitchell (AL)
Shawn P. O’Malley (WA)
Kenneth W. Phillips (IN)
Jakob K. Siler (WA)
Darren G. Steil (IA)
Richard W. Wagner (MN)
John F. Wesoloski, Jr. (ND)
Levon Wright, Sr. (FL)
Tadeusz S. Wrzesinki (PA)
The drivers were included in docket
number FMCSA–2015–0337. Their
exemptions are applicable as of
December 29, 2017, and will expire on
December 29, 2019.
As of December 30, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(80 FR 74190; 81 FR 6332):
Cris A. Brown (MI)
Vincenzo A. Cortese (CT)
Keith R. Miller (WV)
The drivers were included in docket
number FMCSA–2013–0190. Their
exemptions are applicable as of
December 30, 2017, and will expire on
December 30, 2019.
As of December 31, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, Gary L. Crawford (OH) has
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(78 FR 65034; 79 FR 3917; 80 FR 74196).
This driver was included in docket
number FMCSA–2013–0190. The
exemption is applicable as of December
31, 2017, and will expire on December
31, 2019.
IV. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) each driver must
report within two business days of
occurrence, all episodes of severe
hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) each driver must
submit an annual ophthalmologist’s or
optometrist’s report; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when 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.
V. 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 178
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce. 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: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–26582 Filed 12–8–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–20027; FMCSA–
2005–20560; FMCSA–2006–26653; FMCSA–
2007–27333; FMCSA–2008–0021; FMCSA–
2008–0398; FMCSA–2009–0054; FMCSA–
2009–0121; FMCSA–2010–0327; FMCSA–
2010–0413; FMCSA–2011–0024; FMCSA–
2011–0092; FMCSA–2011–0102; FMCSA–
2012–0338; FMCSA–2013–0022; FMCSA–
2013–0027; FMCSA–2013–0028; FMCSA–
2014–0302; FMCSA–2014–0304; FMCSA–
2014–0305; FMCSA–2014–0048; FMCSA–
2015–0049; FMCSA–2015–0052]
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
SUMMARY:
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirement in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., ET, 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., ET, 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.
daltland on DSKBBV9HB2PROD with NOTICES
II. Background
On July 20, 2017, 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 (82 FR
33542). The public comment period
ended on August 21, 2017 and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to driver a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of a least
20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing red, green, and amber.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
VI. Conclusion
Based upon its evaluation of the 88
renewal exemption applications and
comments received, FMCSA confirms
its’ decision to exempt the following
drivers from the vision requirement in
49 CFR 391.41 (b)(10):
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 July 2, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 32 individuals have satisfied
the renewal conditions for obtaining an
exemption from the vision requirement
in the FMCSRs for interstate CMV
drivers (70 FR 2701; 70 FR 16887; 70 FR
17504; 70 FR 30997; 72 FR 8417; 72 FR
27624; 72 FR 36099; 73 FR 15567; 73 FR
27015; 74 FR 7097; 74 FR 11988; 74 FR
15584; 74 FR 19270; 74 FR 21427; 74 FR
21796; 74 FR 26466; 75 FR 19674; 75 FR
65057; 76 FR 17481; 76 FR 25762; 76 FR
25766; 76 FR 28125; 76 FR 37173; 76 FR
37885; 77 FR 23797; 77 FR 74731; 78 FR
800; 78 FR 12811; 78 FR 12815; 78 FR
22596; 78 FR 22602; 78 FR 24300; 78 FR
26106; 78 FR 37270; 78 FR 57679; 79 FR
23797; 80 FR 603; 80 FR 12248; 80 FR
14220; 80 FR 14223; 80 FR 16502; 80 FR
18696; 80 FR 22773; 80 FR 25766; 80 FR
26139; 80 FR 26320; 80 FR 29152; 80 FR
31640; 80 FR 31957; 80 FR 33011; 80 FR
45573; 80 FR 48409):
Michael W. Anderson (NM)
Michael R. Bradford (MD)
Ralph H. Bushman (IL)
William D. Cardiff (IL)
John J. Caricola, Jr. (NC)
Adan Cortes-Juarez (WA)
David L. Ellis (OK)
Denise M. Engle (GA)
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
58261
Robert A. Goerl, Jr. (PA)
Wade M. Hillmer (MN)
Paul M. Hinkson (TN)
Michael W. Jensen (CA)
Clifford D. Johnson (VA)
Michael Lafferty (ID)
Mark L. LeBlanc (MN)
Michael J. McGregan (FL)
Felix L. McLean (NM)
Anthony R. Miles (NV)
Jerry D. Paul (OK)
John P. Perez (FL)
Raymond W. Pitts (FL)
William A. Ramirez Vasquez (CA)
Donald W. Randall (OR)
Raymond Sherrill (PA)
Kyle C. Shover (NJ)
Charles H. Smith (IN)
George Stapleton (GA)
David B. Stone (OK)
David M. Stout (OR)
James K. Waites (AR)
John E. Westbrook (LA)
Jason R. White (OH)
The drivers were included in docket
numbers FMCSA–2005–20027;
FMCSA–2005–20560; FMCSA–2006–
26653; FMCSA–2008–0021; FMCSA–
2008–0398; FMCSA–2009–0054;
FMCSA–2010–0327; FMCSA–2011–
0024; FMCSA–2011–0092; FMCSA–
2012–0338; FMCSA–2013–0022;
FMCSA–2014–0302; FMCSA–2014–
0304; FMCSA–2014–0305; FMCSA–
2015–0048. Their exemptions are
applicable as of July 2, 2017, and will
expire on July 2, 2019.
As of July 7, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following eight individuals have
satisfied the renewal conditions for
obtaining an exemption from the vision
requirements (80 FR 31636; 80 FR
48413):
Robert A. Buckley (IN)
Jose J. Guzman-Olguin (IL)
Stephen T. Hines (NJ)
James J. Keranen (MI)
Herbert S. Lear (PA)
Nathan C. Nissen (IA)
Gregory S. Richter (PA)
George Tomecek (PA)
The drivers were included in docket
number FMCSA–2015–0049. Their
exemptions are applicable as of July 7,
2017, and will expire on July 7, 2019.
As of July 9, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following five individuals have satisfied
the renewal conditions for obtaining an
exemption from the vision requirements
(78 FR 41188; 78 FR 27281; 78 FR
41188; 80 FR 33007):
Brian G. Dvorak (IL)
Charles T. Spears (VA)
Brian E. Tessman (WI)
Gregory J. Thurston (PA)
Donald Torbett (IA)
E:\FR\FM\11DEN1.SGM
11DEN1
daltland on DSKBBV9HB2PROD with NOTICES
58262
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
The drivers were included in docket
number FMCSA–2013–0028. Their
exemptions are applicable as of July 9,
2017, and will expire on July 9, 2019.
As of July 16, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following seven individuals have
satisfied the renewal conditions for
obtaining an exemption from the vision
requirements (74 FR 26461; 74 FR
34630; 76 FR 1493; 76 FR 12408; 76 FR
37168; 78 FR 51269):
Steven L. Forristall (WI)
Rocky D. Gysberg (MN)
Charles H. Lefew (VA)
Joseph B. Peacock (NC)
James M. Tennyson (MD)
Steven L. Thomas (IN)
Daniel A. Wescott (CO)
The drivers were included in docket
numbers FMCSA–2009–0413; FMCSA–
2009–0121. Their exemptions are
applicable as of July 16, 2017, and will
expire on July 16, 2019.
As of July 22, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 12 individuals have satisfied
the renewal conditions for obtaining an
exemption from the vision requirements
(72 FR 72666; 72 FR 25831; 74 FR
19270; 76 FR 29022; 76 FR 34135; 76 FR
44082; 78 FR 34140; 78 FR 51268; 80 FR
36398):
Stanley C. Anders (SD)
Joel A. Cabrera (FL)
Sherman W. Clapper (ID)
Eric Esplin (UT)
Ronald R. Fournier (NY)
Ronald D. Jackman II (NV)
Thomas W. Kent (IN)
Robert J. MacInnis (MA)
Steven A. Proctor (TX)
Rodney W. Sukalski (MN)
Larry D. Warneke (WA)
Lonnie Wendinger (MN)
The drivers were included in docket
numbers FMCSA–2007–27333;
FMCSA–2011–0102. Their exemptions
are applicable as of July 22, 2017, and
will expire on July 22, 2019.
As of July 23, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 19 individuals have satisfied
the renewal conditions for obtaining an
exemption from the vision requirements
(80 FR 35699; 80 FR 48404):
Robert J. Bickel (MI)
Steven R. Brinegar (TX)
Garry D. Burkholder (PA)
Dennis W. Cosens (NM)
William J. Garigulo (OH)
Wladyslaw Gogola (IL)
Antonio Gomez (PA)
Mark A. Grenier (CT)
Acquillious Jackson, III (SC)
Jimmy D. Johnson, II (TN)
Bradley J. Kearl (UT)
Larry G. Kreke (IL)
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
Christopher P. Mrockza (MD)
Gary A. Oster (OR)
Mark A. Pleskovitch (IL)
Edward J. Puto (CT)
Andrew P. Risner (OH)
Kyle B. Sharp (MI)
Francis A. St. Pierre (NH)
The drivers were included in docket
number FMCSA–2015–0052. Their
exemptions are applicable as of July 23,
2017, and will expire on July 23, 2019.
As of July 31, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following five individuals have satisfied
the renewal conditions for obtaining an
exemption from the vision requirements
(76 FR 25766; 76 FR 37885; 78 FR
37270; 80 FR 31640):
Anthony Luciano (CT)
David McKinney (OR)
Frank L. O’Rourke (NY)
Larry F. Reber (OH)
Edward Swaggerty, Jr. (OH)
The drivers were included in docket
number FMCSA–2011–0192. Their
exemptions are applicable as of July 31,
2017, and will expire on July 31, 2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–26596 Filed 12–8–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0024]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 16 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
SUMMARY:
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before January 10, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0024 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., ET,
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., ET, 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.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\11DEN1.SGM
11DEN1
Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58260-58262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26596]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26653;
FMCSA-2007-27333; FMCSA-2008-0021; FMCSA-2008-0398; FMCSA-2009-0054;
FMCSA-2009-0121; FMCSA-2010-0327; FMCSA-2010-0413; FMCSA-2011-0024;
FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2012-0338; FMCSA-2013-0022;
FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2014-0305; FMCSA-2014-0048; FMCSA-2015-0049; FMCSA-2015-0052]
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
[[Page 58261]]
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 were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, 202-366-4001, [email protected], 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.,
ET, 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., ET, 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 July 20, 2017, 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 (82 FR 33542). The public comment
period ended on August 21, 2017 and no comments were received.
As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to driver a CMV if that person has distant visual acuity of
at least 20/40 (Snellen) in each eye without corrective lenses or
visual acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
III. Discussion of Comments
FMCSA received no comments in this preceding.
VI. Conclusion
Based upon its evaluation of the 88 renewal exemption applications
and comments received, FMCSA confirms its' decision to exempt the
following drivers from the vision requirement in 49 CFR 391.41 (b)(10):
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 July 2, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 32 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (70 FR 2701; 70 FR 16887; 70 FR
17504; 70 FR 30997; 72 FR 8417; 72 FR 27624; 72 FR 36099; 73 FR 15567;
73 FR 27015; 74 FR 7097; 74 FR 11988; 74 FR 15584; 74 FR 19270; 74 FR
21427; 74 FR 21796; 74 FR 26466; 75 FR 19674; 75 FR 65057; 76 FR 17481;
76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 37173; 76 FR 37885; 77 FR
23797; 77 FR 74731; 78 FR 800; 78 FR 12811; 78 FR 12815; 78 FR 22596;
78 FR 22602; 78 FR 24300; 78 FR 26106; 78 FR 37270; 78 FR 57679; 79 FR
23797; 80 FR 603; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80 FR 16502;
80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR
29152; 80 FR 31640; 80 FR 31957; 80 FR 33011; 80 FR 45573; 80 FR
48409):
Michael W. Anderson (NM)
Michael R. Bradford (MD)
Ralph H. Bushman (IL)
William D. Cardiff (IL)
John J. Caricola, Jr. (NC)
Adan Cortes-Juarez (WA)
David L. Ellis (OK)
Denise M. Engle (GA)
Robert A. Goerl, Jr. (PA)
Wade M. Hillmer (MN)
Paul M. Hinkson (TN)
Michael W. Jensen (CA)
Clifford D. Johnson (VA)
Michael Lafferty (ID)
Mark L. LeBlanc (MN)
Michael J. McGregan (FL)
Felix L. McLean (NM)
Anthony R. Miles (NV)
Jerry D. Paul (OK)
John P. Perez (FL)
Raymond W. Pitts (FL)
William A. Ramirez Vasquez (CA)
Donald W. Randall (OR)
Raymond Sherrill (PA)
Kyle C. Shover (NJ)
Charles H. Smith (IN)
George Stapleton (GA)
David B. Stone (OK)
David M. Stout (OR)
James K. Waites (AR)
John E. Westbrook (LA)
Jason R. White (OH)
The drivers were included in docket numbers FMCSA-2005-20027;
FMCSA-2005-20560; FMCSA-2006-26653; FMCSA-2008-0021; FMCSA-2008-0398;
FMCSA-2009-0054; FMCSA-2010-0327; FMCSA-2011-0024; FMCSA-2011-0092;
FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2014-0305; FMCSA-2015-0048. Their exemptions are applicable as of
July 2, 2017, and will expire on July 2, 2019.
As of July 7, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (80
FR 31636; 80 FR 48413):
Robert A. Buckley (IN)
Jose J. Guzman-Olguin (IL)
Stephen T. Hines (NJ)
James J. Keranen (MI)
Herbert S. Lear (PA)
Nathan C. Nissen (IA)
Gregory S. Richter (PA)
George Tomecek (PA)
The drivers were included in docket number FMCSA-2015-0049. Their
exemptions are applicable as of July 7, 2017, and will expire on July
7, 2019.
As of July 9, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (78
FR 41188; 78 FR 27281; 78 FR 41188; 80 FR 33007):
Brian G. Dvorak (IL)
Charles T. Spears (VA)
Brian E. Tessman (WI)
Gregory J. Thurston (PA)
Donald Torbett (IA)
[[Page 58262]]
The drivers were included in docket number FMCSA-2013-0028. Their
exemptions are applicable as of July 9, 2017, and will expire on July
9, 2019.
As of July 16, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (74
FR 26461; 74 FR 34630; 76 FR 1493; 76 FR 12408; 76 FR 37168; 78 FR
51269):
Steven L. Forristall (WI)
Rocky D. Gysberg (MN)
Charles H. Lefew (VA)
Joseph B. Peacock (NC)
James M. Tennyson (MD)
Steven L. Thomas (IN)
Daniel A. Wescott (CO)
The drivers were included in docket numbers FMCSA-2009-0413; FMCSA-
2009-0121. Their exemptions are applicable as of July 16, 2017, and
will expire on July 16, 2019.
As of July 22, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (72
FR 72666; 72 FR 25831; 74 FR 19270; 76 FR 29022; 76 FR 34135; 76 FR
44082; 78 FR 34140; 78 FR 51268; 80 FR 36398):
Stanley C. Anders (SD)
Joel A. Cabrera (FL)
Sherman W. Clapper (ID)
Eric Esplin (UT)
Ronald R. Fournier (NY)
Ronald D. Jackman II (NV)
Thomas W. Kent (IN)
Robert J. MacInnis (MA)
Steven A. Proctor (TX)
Rodney W. Sukalski (MN)
Larry D. Warneke (WA)
Lonnie Wendinger (MN)
The drivers were included in docket numbers FMCSA-2007-27333;
FMCSA-2011-0102. Their exemptions are applicable as of July 22, 2017,
and will expire on July 22, 2019.
As of July 23, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (80
FR 35699; 80 FR 48404):
Robert J. Bickel (MI)
Steven R. Brinegar (TX)
Garry D. Burkholder (PA)
Dennis W. Cosens (NM)
William J. Garigulo (OH)
Wladyslaw Gogola (IL)
Antonio Gomez (PA)
Mark A. Grenier (CT)
Acquillious Jackson, III (SC)
Jimmy D. Johnson, II (TN)
Bradley J. Kearl (UT)
Larry G. Kreke (IL)
Christopher P. Mrockza (MD)
Gary A. Oster (OR)
Mark A. Pleskovitch (IL)
Edward J. Puto (CT)
Andrew P. Risner (OH)
Kyle B. Sharp (MI)
Francis A. St. Pierre (NH)
The drivers were included in docket number FMCSA-2015-0052. Their
exemptions are applicable as of July 23, 2017, and will expire on July
23, 2019.
As of July 31, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (76
FR 25766; 76 FR 37885; 78 FR 37270; 80 FR 31640):
Anthony Luciano (CT)
David McKinney (OR)
Frank L. O'Rourke (NY)
Larry F. Reber (OH)
Edward Swaggerty, Jr. (OH)
The drivers were included in docket number FMCSA-2011-0192. Their
exemptions are applicable as of July 31, 2017, and will expire on July
31, 2019.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.
Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26596 Filed 12-8-17; 8:45 am]
BILLING CODE 4910-EX-P