Qualification of Drivers; Exemption Applications; Vision, 2309-2311 [2018-00586]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
FMCSA–2003–16241. Their exemptions
are 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 undergo an annual physical
examination (a) by an ophthalmologist
or optometrist who attests that the
vision in the better eye continues to
meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified
Medical Examiner, as defined by 49 CFR
390.5, who attests that the driver is
otherwise physically qualified under 49
CFR 391.41; (2) each driver must
provide a copy of the ophthalmologist’s
or optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; and (3) each
driver must provide a copy of the
annual medical certification to the
employer for retention in the driver’s
qualification file or keep a copy of his/
her driver’s qualification if he/her is
self- employed. 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will be rescinded if: (1) The person fails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.
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VI. Conclusion
Based upon its evaluation of the 109
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. 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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–00600 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–EX–P
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Jkt 244001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5578; FMCSA–
1999–6480; FMCSA–2000–7165; FMCSA–
2001–9561; FMCSA–2003–15892; FMCSA–
2005–21254; FMCSA–2005–21711; FMCSA–
2006–25246; FMCSA–2006–26066; FMCSA–
2007–25246; FMCSA–2007–2663; FMCSA–
2007–27897; FMCSA–2009–0121; FMCSA–
2009–0154; FMCSA–2011–0024; FMCSA–
2011–0092; FMCSA–2011–0140; FMCSA–
2011–0142; FMCSA–2011–0189; FMCSA–
2013–0026; FMCSA–2013–0027; FMCSA–
2013–0029; FMCSA–2013–0030; FMCSA–
2013–0165; FMCSA–2014–0300; FMCSA–
2014–0302; FMCSA–2014–0304; FMCSA–
2014–0305; 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 final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 86
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 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:
SUMMARY:
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
PO 00000
Frm 00179
Fmt 4703
Sfmt 4703
2309
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 October 11, 2017, FMCSA
published a notice announcing its
decision to renew exemptions for 86
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 47312). The public comment period
ended on November 13, 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° 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 86
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 October and are discussed
below:
As of October 3, 2017, and in
accordance with 49 U.S.C. 31136(e) and
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31315, the following 54 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (65 FR 33406; 65
FR 57234; 66 FR 30502; 66 FR 41654;
68 FR 13360; 68 FR 44837; 70 FR 12265;
70 FR 41811; 71 FR 63379; 72 FR 180;
72 FR 1051; 72 FR 8417; 72 FR 9397; 72
FR 27624; 72 FR 36099; 72 FR 39879;
72 FR 40362; 72 FR 52419; 73 FR 78423;
74 FR 19270; 74 FR 26461; 74 FR 26466;
74 FR 34395; 74 FR 34630; 74 FR 37295;
74 FR 41971; 74 FR 48343; 74 FR 6211;
75 FR 79083; 76 FR 17481; 76 FR 25762;
76 FR 25766; 76 FR 28125; 76 FR 37169;
76 FR 37885; 76 FR 44652; 76 FR 44653;
76 FR 49528; 76 FR 50318; 76 FR 53708;
76 FR 54530; 76 FR 61143; 77 FR 74734;
78 FR 4531; 78 FR 22598; 78 FR 24300;
78 FR 24798; 78 FR 34143; 78 FR 37270;
78 FR 37274; 78 FR 41975; 78 FR 46407;
78 FR 52602; 78 FR 56986; 78 FR 56993;
78 FR 77782; 78 FR 78477; 79 FR 4531;
79 FR 53708; 79 FR 73686; 80 FR 2473;
80 FR 12248; 80 FR 14223; 80 FR 18693;
80 FR 22773; 80 FR 29152; 80 FR 31635;
80 FR 31636; 80 FR 33011; 80 FR 35699;
80 FR 36395; 80 FR 37718; 80 FR 40122;
80 FR 41547; 80 FR 44188; 80 FR 45573;
80 FR 48402; 80 FR 48404; 80 FR 48411;
80 FR 48413; 80 FR 49302; 80 FR 50917;
80 FR 59225; 80 FR 62161; 80 FR
62163):
Deneris G. Allen (LA)
Michael J. Altobelli (CT)
Joel D. Barchard (MA)
Rocky B. Bentz (WI)
Keith A. Bliss (NY)
Ronald Bostick (SC)
Steven J. Brauer (NJ)
Jean-Pierre G. Brefort (CT)
Michael W. Britt (MD)
Shaun E. Burnett (MO)
Kevin W. Cannon (TX)
Juan R. Cano (TX)
Charles C. Chapman (NC)
Thomas W. Crouch (IN)
Verlin L. Driskell (NE)
Robin C. Duckett (SC)
Phillip Ergovich (MO)
Dan J. Feik (IL)
Saul E. Fierro (AZ)
Steven A. Garrity (MA)
Mark E. Gessner (FL)
David B. Ginther (PA)
Dominic F. Giordano (CT)
Enrique F. Gonzalez (NC)
Donald A. Hall (NC)
Willard D. Hall (CA)
Dennis H. Heller (KS)
Steven C. Holland (OK)
Ronald E. Howard (PA)
Michael A. Kelly (TX)
Abdullah T. Khalil (VA)
Jorge Lopez (OH)
Alex P. Makhanov (WA)
Michael L. Martin (OH)
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Phillip P. Mazza (WI)
Lawrence McGowan (OH)
John T. McWilliams (IA)
Dionicio Mendoza (TX)
Garth R. Mero (VT)
Charles A. Morgan (NC)
Willam V. Nickel (OR)
Russell W. Nutter (OH)
Nathan Pettis (FL)
Mark A. Pirl (NC)
Timmy J. Pottebaum (IA)
Jason W. Rupp (PA)
Ricky J. Sanderson (UT)
Kirby R. Sands (IA)
Manjinder Singh (WA)
Steven W. Stull (IL)
Richard G. Vaughn (NC)
Victor H. Vera (TX)
Bruce W. Williams (IL)
The drivers were included in docket
numbers FMCSA–2000–7165; FMCSA–
2001–9561; FMCSA–2006–25246;
FMCSA–2006–26066; FMCSA–2007–
25246; FMCSA–2007–2663; FMCSA–
2007–27897; FMCSA–2009–0121;
FMCSA–2009–0154; FMCSA–2011–
0024; FMCSA–2011–0092; FMCSA–
2011–0140; FMCSA–2011–0142;
FMCSA–2013–0026; FMCSA–2013–
0027; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2014–0300;
FMCSA–2014–0302; FMCSA–2014–
0304; FMCSA–2014–0305; FMCSA–
2015–0049; FMCSA–2015–0052;
FMCSA–2015–0053; FMCSA–2015–
0055. Their exemptions are applicable
as of October 3, 2017, and will expire
on October 3, 2019.
As of October 23, 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 (78 FR 47818; 78 FR
63307; 80 FR 59225):
Larry E. Blakely (GA)
Britt A. Green (ND)
Arlene S. Kent (NH)
Willie L. Murphy (IN)
Joseph J. Pudlik (IL)
Jeffrey R. Swett (SC)
Brian C. Tate (VA)
The drivers were included in docket
number FMCSA–2013–0165. Their
exemptions are applicable as of October
23, 2017, and will expire on October 23,
2019.
As of October 24, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 14 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR
51568; 66 FR 30502; 66 FR 41654; 66 FR
48504; 68 FR 44837; 68 FR 54775; 70 FR
30999; 70 FR 41811; 70 FR 46567; 70 FR
48797; 70 FR 53412; 70 FR 61493; 72 FR
39879; 72 FR 40359; 72 FR 52421; 72 FR
PO 00000
Frm 00180
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Sfmt 4703
54971; 72 FR 62896; 74 FR 34074; 74 FR
41971; 74 FR 43221; 74 FR 49069; 76 FR
55467; 76 FR 62143; 78 FR 77782; 80 FR
59225):
Calvin D. Atwood (NM)
Andrew B. Clayton (TN)
William P. Doolittle (MO)
Richard L. Gagnebin (KS)
Jonathan M. Gentry (TN)
Benny D. Hatton, Jr. (NY)
Robert W. Healey, Jr. (NJ)
Nathaniel H. Herbert, Jr. (PA)
Thomas W. Markham (MN)
Kevin L. Moody (OH)
Charles W. Mullenix (GA)
Garry L. Rogers (CO)
Gary M. Wolff (IL)
John C. Young (VA)
The drivers were included in docket
numbers FMCSA–1999–5578; FMCSA–
2001–9561; FMCSA–2005–21254;
FMCSA–2005–21711; FMCSA–2007–
27897. Their exemptions are applicable
as of October 24, 2017, and will expire
on October 24, 2019.
As of October 30, 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 (64 FR 68195; 65 FR
20251; 67 FR 17102; 68 FR 52811; 68 FR
61860; 70 FR 61165; 71 FR 63379; 72 FR
1050; 74 FR 49069; 74 FR 53581; 76 FR
64171; 78 FR 68137; 80 FR 59225):
James D. Davis (OH)
Dewayne E. Harms (IL)
David F. LeClerc (MN)
Jesse L. Townsend (LA)
Humberto A. Valles (TX)
James A. Welch (NH)
Michael E. Yount (ID)
The drivers were included in docket
numbers FMCSA–1999–6480; FMCSA–
2003–15892; FMCSA–2006–26066.
Their exemptions are applicable as of
October 30, 2017, and will expire on
October 30, 2019.
As of October 31, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirements (76 FR 55465; 76 FR
67246; 78 FR 77782; 80 FR 59225):
Darrell G. Anthony (TX)
Harold L. Pearsall (PA)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)
The drivers were included in docket
number FMCSA–2011–0189. Their
exemptions are applicable as of October
31, 2017, and will expire on October 31,
2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–00586 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0026]
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 18 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
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 February 15, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0026 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
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SUMMARY:
VerDate Sep<11>2014
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docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
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 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:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period 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 five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 18 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
PO 00000
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2311
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
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 standard red,
green, and amber.
In July 1992, the Agency first
published the criteria for the Vision
Waiver Program, which listed the
conditions and reporting standards that
CMV drivers approved for participation
would need to meet (Qualification of
Drivers; Vision Waivers, 57 FR 31458,
July 16, 1992). The current Vision
Exemption Program was established in
1998, following the enactment of
amendments to the statutes governing
exemptions made by § 4007 of the
Transportation Equity Act for the 21st
Century (TEA–21), Public Law 105–178,
112 Stat. 107, 401 (June 9, 1998). Vision
exemptions are considered under the
procedures established in 49 CFR part
381 subpart C, on a case-by-case basis
upon application by CMV drivers who
do not meet the vision standards of 49
CFR 391.41(b)(10).
To qualify for an exemption from the
vision requirement, FMCSA requires a
person to present verifiable evidence
that he/she has driven a commercial
vehicle safely with the vision deficiency
for the past three years. Recent driving
performance is especially important in
evaluating future safety, according to
several research studies designed to
correlate past and future driving
performance. Results of these studies
support the principle that the best
predictor of future performance by a
driver is his/her past record of crashes
and traffic violations. Copies of the
studies may be found at Docket Number
FMCSA–1998–3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrated the
driving performance of experienced
monocular drivers in the program is
better than that of all CMV drivers
collectively (See 61 FR 13338, 13345,
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]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2309-2311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00586]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5578; FMCSA-1999-6480; FMCSA-2000-7165; FMCSA-
2001-9561; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-
2006-25246; FMCSA-2006-26066; FMCSA-2007-25246; FMCSA-2007-2663; FMCSA-
2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2011-0024; FMCSA-
2011-0092; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-
2013-0026; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2013-0165; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-
2014-0305; 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 final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 86
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 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 October 11, 2017, FMCSA published a notice announcing its
decision to renew exemptions for 86 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 47312). The
public comment period ended on November 13, 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 86 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 October
and are discussed below:
As of October 3, 2017, and in accordance with 49 U.S.C. 31136(e)
and
[[Page 2310]]
31315, the following 54 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 33406; 65 FR 57234; 66 FR
30502; 66 FR 41654; 68 FR 13360; 68 FR 44837; 70 FR 12265; 70 FR 41811;
71 FR 63379; 72 FR 180; 72 FR 1051; 72 FR 8417; 72 FR 9397; 72 FR
27624; 72 FR 36099; 72 FR 39879; 72 FR 40362; 72 FR 52419; 73 FR 78423;
74 FR 19270; 74 FR 26461; 74 FR 26466; 74 FR 34395; 74 FR 34630; 74 FR
37295; 74 FR 41971; 74 FR 48343; 74 FR 6211; 75 FR 79083; 76 FR 17481;
76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 37169; 76 FR 37885; 76 FR
44652; 76 FR 44653; 76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530;
76 FR 61143; 77 FR 74734; 78 FR 4531; 78 FR 22598; 78 FR 24300; 78 FR
24798; 78 FR 34143; 78 FR 37270; 78 FR 37274; 78 FR 41975; 78 FR 46407;
78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 77782; 78 FR 78477; 79 FR
4531; 79 FR 53708; 79 FR 73686; 80 FR 2473; 80 FR 12248; 80 FR 14223;
80 FR 18693; 80 FR 22773; 80 FR 29152; 80 FR 31635; 80 FR 31636; 80 FR
33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 41547;
80 FR 44188; 80 FR 45573; 80 FR 48402; 80 FR 48404; 80 FR 48411; 80 FR
48413; 80 FR 49302; 80 FR 50917; 80 FR 59225; 80 FR 62161; 80 FR
62163):
Deneris G. Allen (LA)
Michael J. Altobelli (CT)
Joel D. Barchard (MA)
Rocky B. Bentz (WI)
Keith A. Bliss (NY)
Ronald Bostick (SC)
Steven J. Brauer (NJ)
Jean-Pierre G. Brefort (CT)
Michael W. Britt (MD)
Shaun E. Burnett (MO)
Kevin W. Cannon (TX)
Juan R. Cano (TX)
Charles C. Chapman (NC)
Thomas W. Crouch (IN)
Verlin L. Driskell (NE)
Robin C. Duckett (SC)
Phillip Ergovich (MO)
Dan J. Feik (IL)
Saul E. Fierro (AZ)
Steven A. Garrity (MA)
Mark E. Gessner (FL)
David B. Ginther (PA)
Dominic F. Giordano (CT)
Enrique F. Gonzalez (NC)
Donald A. Hall (NC)
Willard D. Hall (CA)
Dennis H. Heller (KS)
Steven C. Holland (OK)
Ronald E. Howard (PA)
Michael A. Kelly (TX)
Abdullah T. Khalil (VA)
Jorge Lopez (OH)
Alex P. Makhanov (WA)
Michael L. Martin (OH)
Phillip P. Mazza (WI)
Lawrence McGowan (OH)
John T. McWilliams (IA)
Dionicio Mendoza (TX)
Garth R. Mero (VT)
Charles A. Morgan (NC)
Willam V. Nickel (OR)
Russell W. Nutter (OH)
Nathan Pettis (FL)
Mark A. Pirl (NC)
Timmy J. Pottebaum (IA)
Jason W. Rupp (PA)
Ricky J. Sanderson (UT)
Kirby R. Sands (IA)
Manjinder Singh (WA)
Steven W. Stull (IL)
Richard G. Vaughn (NC)
Victor H. Vera (TX)
Bruce W. Williams (IL)
The drivers were included in docket numbers FMCSA-2000-7165; FMCSA-
2001-9561; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2007-25246; FMCSA-
2007-2663; FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-
2011-0024; FMCSA-2011-0092; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-
2013-0026; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2014-0300; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-
2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055. Their
exemptions are applicable as of October 3, 2017, and will expire on
October 3, 2019.
As of October 23, 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 (78
FR 47818; 78 FR 63307; 80 FR 59225):
Larry E. Blakely (GA)
Britt A. Green (ND)
Arlene S. Kent (NH)
Willie L. Murphy (IN)
Joseph J. Pudlik (IL)
Jeffrey R. Swett (SC)
Brian C. Tate (VA)
The drivers were included in docket number FMCSA-2013-0165. Their
exemptions are applicable as of October 23, 2017, and will expire on
October 23, 2019.
As of October 24, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 14 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (64
FR 27027; 64 FR 51568; 66 FR 30502; 66 FR 41654; 66 FR 48504; 68 FR
44837; 68 FR 54775; 70 FR 30999; 70 FR 41811; 70 FR 46567; 70 FR 48797;
70 FR 53412; 70 FR 61493; 72 FR 39879; 72 FR 40359; 72 FR 52421; 72 FR
54971; 72 FR 62896; 74 FR 34074; 74 FR 41971; 74 FR 43221; 74 FR 49069;
76 FR 55467; 76 FR 62143; 78 FR 77782; 80 FR 59225):
Calvin D. Atwood (NM)
Andrew B. Clayton (TN)
William P. Doolittle (MO)
Richard L. Gagnebin (KS)
Jonathan M. Gentry (TN)
Benny D. Hatton, Jr. (NY)
Robert W. Healey, Jr. (NJ)
Nathaniel H. Herbert, Jr. (PA)
Thomas W. Markham (MN)
Kevin L. Moody (OH)
Charles W. Mullenix (GA)
Garry L. Rogers (CO)
Gary M. Wolff (IL)
John C. Young (VA)
The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2001-9561; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2007-27897. Their
exemptions are applicable as of October 24, 2017, and will expire on
October 24, 2019.
As of October 30, 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 (64
FR 68195; 65 FR 20251; 67 FR 17102; 68 FR 52811; 68 FR 61860; 70 FR
61165; 71 FR 63379; 72 FR 1050; 74 FR 49069; 74 FR 53581; 76 FR 64171;
78 FR 68137; 80 FR 59225):
James D. Davis (OH)
Dewayne E. Harms (IL)
David F. LeClerc (MN)
Jesse L. Townsend (LA)
Humberto A. Valles (TX)
James A. Welch (NH)
Michael E. Yount (ID)
The drivers were included in docket numbers FMCSA-1999-6480; FMCSA-
2003-15892; FMCSA-2006-26066. Their exemptions are applicable as of
October 30, 2017, and will expire on October 30, 2019.
As of October 31, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (76
FR 55465; 76 FR 67246; 78 FR 77782; 80 FR 59225):
Darrell G. Anthony (TX)
Harold L. Pearsall (PA)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)
The drivers were included in docket number FMCSA-2011-0189. Their
exemptions are applicable as of October 31, 2017, and will expire on
October 31, 2019.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless
[[Page 2311]]
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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00586 Filed 1-12-18; 8:45 am]
BILLING CODE 4910-EX-P
