Qualification of Drivers; Exemption Applications; Vision, 3861-3863 [2018-01401]

Download as PDF Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices as it appears on your government-issued photo identification (U.S. driver’s license or passport for non-U.S. citizens). Federal PIV cards will not be accepted as a valid form of identification. You will need to show the same identification upon check-in. Please contact HTC@harris.com should you have questions or difficulties with the form. (This submission form is encrypted to protect your personal information.) With the approval of the Chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on January 23, 2018. Mohannad Dawoud, Management & Program Analyst, Partnership Contracts Branch, ANG–A17 NextGen, Procurement Services Division, Federal Aviation Administration. [FR Doc. 2018–01481 Filed 1–25–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 1999–5748; FMCSA–2000–7918; FMCSA– 2004–17984; FMCSA–2005–20027; FMCSA– 2005–20560; FMCSA–2005–21254; FMCSA– 2005–21711; FMCSA–2007–27897; FMCSA– 2007–29019; FMCSA–2009–0086; FMCSA– 2009–0206; FMCSA–2011–0057; FMCSA– 2011–0124; FMCSA–2011–0189; FMCSA– 2013–0029; FMCSA–2014–0298; FMCSA– 2014–0302; FMCSA–2014–0304; FMCSA– 2015–0055; FMCSA–2015–0056] 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 60 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 requirements 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 daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 the discussions below. Comments must be received on or before February 26, 2018. 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– 1999–5578; FMCSA–1999–5748; FMCSA–2000–7918; FMCSA–2004– 17984; FMCSA–2005–20027; FMCSA– 2005–20560; FMCSA–2005–21254; FMCSA–2005–21711; FMCSA–2007– 27897; FMCSA–2007–29019; FMCSA– 2009–0086; FMCSA–2009–0206; FMCSA–2011–0057; FMCSA–2011– 0124; FMCSA–2011–0189; FMCSA– 2013–0029; FMCSA–2014–0298; FMCSA–2014–0302; FMCSA–2014– 0304; FMCSA–2015–0055; FMCSA– 2015–0056 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00189 Fmt 4703 Sfmt 4703 3861 e.t., 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five 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 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 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 60 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 E:\FR\FM\26JAN1.SGM 26JAN1 3862 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES 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 60 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 66962; 65 FR 66286; 66 FR 13825; 66 FR 63289; 68 FR 13360; 68 FR 64944; 69 FR 33997; 69 FR 61292; 70 FR 12265; 70 FR 16887; 70 FR 17504; 70 FR 2701; 70 FR 30997; 70 FR 30999; 70 FR 46567; 70 FR 48797; 70 FR 61493; 70 FR 67776; 71 FR 55820; 72 FR 11426; 72 FR 39879; 72 FR 40359; 72 FR 40362; 72 FR 52419; 72 FR 54971; 72 FR 58362; 72 FR 62896; 72 FR 64273; 72 FR 67344; 73 FR 65009; 74 FR 19267; 74 FR 28094; 74 FR 34074; 74 FR 34394; 74 FR 41971; 74 FR 43217; 74 FR 43221; 74 FR 49069; 74 FR 57551; 74 FR 57553; 74 FR 62632; 74 FR 8302; 76 FR 12216; 76 FR 18824; 76 FR 29024; 76 FR 32016; 76 FR 34136; 76 FR 4413; 76 FR 44653; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 55465; 76 FR 62143; 76 FR 66123; 76 FR 67246; 76 FR 70212; 76 FR 70215; 78 FR 18667; 78 FR 32703; 78 FR 34143; 78 FR 52602; 78 FR 64280; 78 FR 77782; 78 FR 78477; 79 FR 24298; 79 FR 4531; 79 FR 69985; 80 FR 12248; 80 FR 14223; 80 FR 16500; 80 FR 25768; 80 FR 29152; 80 FR 33011; 80 FR 44188; 80 FR 50917; 80 FR 53383; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 8927; 81 FR 1284). 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 November and are discussed below: VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 As of November 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 31 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 66286; 66 FR 13825; 68 FR 13360; 70 FR 12265; 70 FR 16887; 70 FR 2701; 70 FR 30999; 70 FR 46567; 70 FR 48797; 70 FR 61493; 72 FR 11426; 72 FR 40359; 72 FR 54971; 72 FR 62896; 74 FR 19267; 74 FR 28094; 74 FR 34074; 74 FR 43221; 74 FR 49069; 74 FR 8302; 76 FR 12216; 76 FR 32016; 76 FR 44653; 76 FR 53708; 76 FR 62143; 78 FR 18667; 78 FR 32703; 78 FR 34143; 78 FR 52602; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 69985; 80 FR 12248; 80 FR 14223; 80 FR 16500; 80 FR 25768; 80 FR 29152; 80 FR 33011; 80 FR 44188; 80 FR 50917; 80 FR 53383; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 8927; 81 FR 1284): Steven B. Anderson (ID) Harjot S. Aujla (WA) Gregory W. Babington (MA) Brian M. Bowman (TN) Robert J. Burns (KY) Kevin R. Cowger (ID) Kenneth D. Daniels (PA) Mark P. Davis (ME) Kenneth W. Dunn (TN) John A. Gartner (MN) Elias Gomez, Jr. (TX) Keith N. Hall (UT) Steven E. Hayes (IN) Amos S. Hostetter (OH) Stephen C. Linardos (FL) Daniel C. Linares (CA) Ray J. Liner (LA) Robert E. Mayers (MN) Ross E. McCleary (NE) James G. Miles (TN) Pablo R. Murillo (TX) Vincent E. Perkins (MA) Alonzo K. Rawls (NJ) Berry A. Rodrigue (LA) Roger D. Rogers (PA) Juan M. Rosas (AZ) Dale R. Sweigart (PA) Charles D. Theademan (WA) Arnulfo J. Valenzuela (TX) Danny L. Watson (TN) William E. Zezulka (MN) The drivers were included in docket numbers FMCSA–2000–7918; FMCSA– 2005–20027; FMCSA–2005–21254; FMCSA–2005–21711; FMCSA–2009– 0086; FMCSA–2013–0029; FMCSA– 2014–0298; FMCSA–2014–0302; FMCSA–2014–0304; FMCSA–2015– 0055; FMCSA–2015–0056. Their exemptions are applicable as of November 3, 2017, and will expire on November 3, 2019. As of November 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals PO 00000 Frm 00190 Fmt 4703 Sfmt 4703 have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (70 FR 17504;70 FR 30997; 70 FR 48797; 70 FR 61493; 72 FR 39879; 72 FR 40362; 72 FR 52419; 72 FR 54971; 74 FR 34394; 74 FR 41971; 74 FR 43217; 74 FR 49069; 74 FR 57551; 76 FR 18824; 76 FR 29024; 76 FR 34136; 76 FR 54530; 76 FR 55463; 76 FR 55465; 76 FR 66123; 76 FR 67246; 78 FR 34143; 78 FR 52602; 78 FR 77782; 78 FR 78477; 79 FR 24298; 80 FR 63869): James J. Doan (PA) James E. Fix (SC) James P. Greene (NY) Michael A. Lawson (KY) Steven R. Lechtenberg (NE) Joseph L. Mast (OR) Jesse R. McClary, Sr. (MO) Roy L. Morgan (IL) Steven D. O’Donnell (NJ) Gerald J. Shamla (MN) Halman Smith (DE) Jerry W. Stanfill (AR) Scott C. Teich (MN) The drivers were included in docket numbers FMCSA–2005–20560; FMCSA–2005–21711; FMCSA–2007– 27897; FMCSA–2009–0206; FMCSA– 2011–0057; FMCSA–2011–0124; FMCSA–2011–0189; FMCSA–2013– 0029. Their exemptions are applicable as of November 6, 2017, and will expire on November 6, 2019. As of November 28, 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 requirement in the FMCSRs for interstate CMV drivers (69 FR 33997; 69 FR 61292; 70 FR 48797; 70 FR 61493; 71 FR 55820; 72 FR 54971; 72 FR 58362; 72 FR 67344; 73 FR 65009; 74 FR 49069; 74 FR 57553; 76 FR 4413; 76 FR 70212; 80 FR 63869): Robert W. Bequeaith (IA) Clarence N. Florey, Jr. (PA) Loren H. Geiken (SD) Michael A. Hershberger (OH) Patrick J. Hogan, Jr. (DE) Amilton T. Monterio (MA) David G. Oakley (SC) Brent L. Seaux (LA) The drivers were included in docket numbers FMCSA–2004–17984; FMCSA–2005–21711; FMCSA–2007– 29019. Their exemptions are applicable as of November 28, 2017, and will expire on November 28, 2019. As of November 30, 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 requirement in the FMCSRs for interstate CMV drivers (64 FR 27027; 64 E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices FR 40404; 64 FR 51568; 64 FR 66962; 66 FR 63289; 68 FR 64944; 70 FR 48797; 70 FR 61493; 70 FR 67776; 72 FR 64273; 74 FR 62632; 76 FR 70215; 78 FR 64280; 80 FR 63869): Terry J. Aldrige (MS) Lennie D. Baker, Jr. (NC) Jerry D. Bridges (TX) Gary R. Gutschow (WI) James J. Hewitt (WI) James R. Murphy (NY) Thomas E. Walsh (CA) Kevin P. Weinhold (MA) The drivers were included in docket numbers FMCSA–1999–5578; FMCSA– 2005–21711. Their exemptions are applicable as of November 30, 2017, and will expire on November 30, 2019. daltland on DSKBBV9HB2PROD with NOTICES 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. VI. Conclusion Based upon its evaluation of the 60 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 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 19, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–01401 Filed 1–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0342] Hours of Service of Drivers: Application for Exemption; SikhsPAC and the North American Punjabiz Trucker Association Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received a joint application from SikhsPAC and the North American Punjabiz Trucker Association (applicants) on behalf of their members for an exemption from the electronic logging device (ELD) requirements. The exemption would allow members involved in segments of America’s agricultural transportation industry to delay using ELDs. The applicants expressed their concerns about how the ELD mandate would negatively impact their industry if the exemption is not granted. According to the applicants, granting the exemption would achieve a level of safety equivalent to the level achieved by the ELD mandate. FMCSA requests public comment on the applicants’ application for exemption. DATES: Comments must be received on or before February 26, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2017–0342 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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 or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUMMARY: PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 3863 • Fax: 1–202–493–2251 • Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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 on-line FDMS is available 24 hours each day, 365 days each year. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2017–0342), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comments online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2017–0342’’ E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3861-3863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01401]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7918; FMCSA-
2004-17984; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2005-21254; 
FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0086; 
FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0189; 
FMCSA-2013-0029; FMCSA-2014-0298; FMCSA-2014-0302; FMCSA-2014-0304; 
FMCSA-2015-0055; FMCSA-2015-0056]


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 60 
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 
requirements 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. Comments must be received on or before February 
26, 2018.

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., 
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-1999-5578; FMCSA-1999-5748; 
FMCSA-2000-7918; FMCSA-2004-17984; FMCSA-2005-20027; FMCSA-2005-20560; 
FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2007-29019; 
FMCSA-2009-0086; FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; 
FMCSA-2011-0189; FMCSA-2013-0029; FMCSA-2014-0298; FMCSA-2014-0302; 
FMCSA-2014-0304; FMCSA-2015-0055; FMCSA-2015-0056 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to https://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, e.t., 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to https://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at https://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five 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 five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    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 60 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

[[Page 3862]]

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 60 applicants has satisfied the renewal conditions for obtaining an 
exemption from the vision requirement (64 FR 27027; 64 FR 40404; 64 FR 
51568; 64 FR 66962; 65 FR 66286; 66 FR 13825; 66 FR 63289; 68 FR 13360; 
68 FR 64944; 69 FR 33997; 69 FR 61292; 70 FR 12265; 70 FR 16887; 70 FR 
17504; 70 FR 2701; 70 FR 30997; 70 FR 30999; 70 FR 46567; 70 FR 48797; 
70 FR 61493; 70 FR 67776; 71 FR 55820; 72 FR 11426; 72 FR 39879; 72 FR 
40359; 72 FR 40362; 72 FR 52419; 72 FR 54971; 72 FR 58362; 72 FR 62896; 
72 FR 64273; 72 FR 67344; 73 FR 65009; 74 FR 19267; 74 FR 28094; 74 FR 
34074; 74 FR 34394; 74 FR 41971; 74 FR 43217; 74 FR 43221; 74 FR 49069; 
74 FR 57551; 74 FR 57553; 74 FR 62632; 74 FR 8302; 76 FR 12216; 76 FR 
18824; 76 FR 29024; 76 FR 32016; 76 FR 34136; 76 FR 4413; 76 FR 44653; 
76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 55465; 76 FR 62143; 76 FR 
66123; 76 FR 67246; 76 FR 70212; 76 FR 70215; 78 FR 18667; 78 FR 32703; 
78 FR 34143; 78 FR 52602; 78 FR 64280; 78 FR 77782; 78 FR 78477; 79 FR 
24298; 79 FR 4531; 79 FR 69985; 80 FR 12248; 80 FR 14223; 80 FR 16500; 
80 FR 25768; 80 FR 29152; 80 FR 33011; 80 FR 44188; 80 FR 50917; 80 FR 
53383; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 8927; 
81 FR 1284). 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 November 
and are discussed below:
    As of November 3, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 31 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (65 FR 66286; 66 FR 13825; 68 FR 
13360; 70 FR 12265; 70 FR 16887; 70 FR 2701; 70 FR 30999; 70 FR 46567; 
70 FR 48797; 70 FR 61493; 72 FR 11426; 72 FR 40359; 72 FR 54971; 72 FR 
62896; 74 FR 19267; 74 FR 28094; 74 FR 34074; 74 FR 43221; 74 FR 49069; 
74 FR 8302; 76 FR 12216; 76 FR 32016; 76 FR 44653; 76 FR 53708; 76 FR 
62143; 78 FR 18667; 78 FR 32703; 78 FR 34143; 78 FR 52602; 78 FR 77782; 
78 FR 78477; 79 FR 4531; 79 FR 69985; 80 FR 12248; 80 FR 14223; 80 FR 
16500; 80 FR 25768; 80 FR 29152; 80 FR 33011; 80 FR 44188; 80 FR 50917; 
80 FR 53383; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 8927; 81 FR 
1284):

Steven B. Anderson (ID)
Harjot S. Aujla (WA)
Gregory W. Babington (MA)
Brian M. Bowman (TN)
Robert J. Burns (KY)
Kevin R. Cowger (ID)
Kenneth D. Daniels (PA)
Mark P. Davis (ME)
Kenneth W. Dunn (TN)
John A. Gartner (MN)
Elias Gomez, Jr. (TX)
Keith N. Hall (UT)
Steven E. Hayes (IN)
Amos S. Hostetter (OH)
Stephen C. Linardos (FL)
Daniel C. Linares (CA)
Ray J. Liner (LA)
Robert E. Mayers (MN)
Ross E. McCleary (NE)
James G. Miles (TN)
Pablo R. Murillo (TX)
Vincent E. Perkins (MA)
Alonzo K. Rawls (NJ)
Berry A. Rodrigue (LA)
Roger D. Rogers (PA)
Juan M. Rosas (AZ)
Dale R. Sweigart (PA)
Charles D. Theademan (WA)
Arnulfo J. Valenzuela (TX)
Danny L. Watson (TN)
William E. Zezulka (MN)

    The drivers were included in docket numbers FMCSA-2000-7918; FMCSA-
2005-20027; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2009-0086; FMCSA-
2013-0029; FMCSA-2014-0298; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-
2015-0055; FMCSA-2015-0056. Their exemptions are applicable as of 
November 3, 2017, and will expire on November 3, 2019.
    As of November 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (70 FR 17504;70 FR 30997; 70 FR 
48797; 70 FR 61493; 72 FR 39879; 72 FR 40362; 72 FR 52419; 72 FR 54971; 
74 FR 34394; 74 FR 41971; 74 FR 43217; 74 FR 49069; 74 FR 57551; 76 FR 
18824; 76 FR 29024; 76 FR 34136; 76 FR 54530; 76 FR 55463; 76 FR 55465; 
76 FR 66123; 76 FR 67246; 78 FR 34143; 78 FR 52602; 78 FR 77782; 78 FR 
78477; 79 FR 24298; 80 FR 63869):

James J. Doan (PA)
James E. Fix (SC)
James P. Greene (NY)
Michael A. Lawson (KY)
Steven R. Lechtenberg (NE)
Joseph L. Mast (OR)
Jesse R. McClary, Sr. (MO)
Roy L. Morgan (IL)
Steven D. O'Donnell (NJ)
Gerald J. Shamla (MN)
Halman Smith (DE)
Jerry W. Stanfill (AR)
Scott C. Teich (MN)

    The drivers were included in docket numbers FMCSA-2005-20560; 
FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2011-0057; 
FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0029. Their exemptions are 
applicable as of November 6, 2017, and will expire on November 6, 2019.
    As of November 28, 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 requirement in 
the FMCSRs for interstate CMV drivers (69 FR 33997; 69 FR 61292; 70 FR 
48797; 70 FR 61493; 71 FR 55820; 72 FR 54971; 72 FR 58362; 72 FR 67344; 
73 FR 65009; 74 FR 49069; 74 FR 57553; 76 FR 4413; 76 FR 70212; 80 FR 
63869):

Robert W. Bequeaith (IA)
Clarence N. Florey, Jr. (PA)
Loren H. Geiken (SD)
Michael A. Hershberger (OH)
Patrick J. Hogan, Jr. (DE)
Amilton T. Monterio (MA)
David G. Oakley (SC)
Brent L. Seaux (LA)

    The drivers were included in docket numbers FMCSA-2004-17984; 
FMCSA-2005-21711; FMCSA-2007-29019. Their exemptions are applicable as 
of November 28, 2017, and will expire on November 28, 2019.
    As of November 30, 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 requirement in 
the FMCSRs for interstate CMV drivers (64 FR 27027; 64

[[Page 3863]]

FR 40404; 64 FR 51568; 64 FR 66962; 66 FR 63289; 68 FR 64944; 70 FR 
48797; 70 FR 61493; 70 FR 67776; 72 FR 64273; 74 FR 62632; 76 FR 70215; 
78 FR 64280; 80 FR 63869):

Terry J. Aldrige (MS)
Lennie D. Baker, Jr. (NC)
Jerry D. Bridges (TX)
Gary R. Gutschow (WI)
James J. Hewitt (WI)
James R. Murphy (NY)
Thomas E. Walsh (CA)
Kevin P. Weinhold (MA)

    The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2005-21711. Their exemptions are applicable as of November 30, 2017, 
and will expire on November 30, 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.

VI. Conclusion

    Based upon its evaluation of the 60 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 19, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-01401 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-EX-P


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