Qualification of Drivers; Exemption Applications; Vision, 28307-28310 [2018-12999]

Download as PDF Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices event of an appeal from a panel, USTR will make the following documents publicly available at www.ustr.gov: The U.S. submissions and any nonconfidential summaries of submissions received from other participants in the dispute. If a dispute settlement panel is convened, or in the event of an appeal from a panel, the report of the panel, and, if applicable, the report of the Appellate Body, will also be available on the website of the World Trade Organization, at www.wto.org. Juan Millan, Assistant United States Trade Representative for Monitoring and Enforcement, Office of the U.S. Trade Representative. [FR Doc. 2018–12967 Filed 6–15–18; 8:45 am] BILLING CODE 3290–F8–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0002] Hours of Service of Drivers: Electronic Logging Devices; Application for Exemption; Old Dominion and Other Motor Carriers Experiencing Problems Integrating PeopleNet ELD System Updates Into Their Fleet Management Systems Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of withdrawal of application for exemption. AGENCY: Issued on: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–12986 Filed 6–15–18; 8:45 am] FMCSA announces that it has accepted the request of Old Dominion Freight Line Inc. (Old Dominion) to withdraw its application for an exemption from the Agency’s electronic logging device (ELD) requirements. Old Dominion no longer needs the exemption. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942– 6477. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: Background Old Dominion, USDOT 90849, reports that it is an interstate motor carrier based in North Carolina with 228 Service Centers located throughout the country. Its operations cover the entire continental United States. The company is one of the largest less-than-truckload carriers in the country, operating a fleet of more than 8,500 power units and employing more than 10,100 VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 commercial motor vehicle (CMV) drivers. Old Dominion applied for an exemption from the ELD requirements to allow the company to install ELD devices running on automatic on-board recording device (AOBRD) software in CMVs added to the company’s fleet for up to one year from the December 18, 2017, ELD mandate compliance date. If granted, this modified ELD phase-in period would have allowed Old Dominion’s AORBD/ELD provider, PeopleNet, to complete the development of the software necessary to integrate ELD data with the company’s fleet management and safety systems to fully meet the ELD mandate. FMCSA considered the request to be on behalf of all motor carriers in similar situations concerning the integration of PeopleNet’s ELD software into fleet management systems. On January 31, 2018, FMCSA published a Federal Register notice of Old Dominion’s application for exemption and asked for public comment (83 FR 4548). On March 12, 2018, by letter, Old Dominion asked to withdraw its application for the requested exemption. The letter of withdrawal is in the docket for this notice. The Agency accordingly accepts Old Dominion’s request to withdraw its application and closes the docket of this matter. BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 1999–5578; FMCSA–2000–8398; FMCSA– 2001–9561; FMCSA–2003–14504; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA– 2005–20560; FMCSA–2005–21254; FMCSA– 2007–27333; FMCSA–2007–27515; FMCSA– 2007–27897; FMCSA–2007–28695; FMCSA– 2008–0121; FMCSA–2009–0154; FMCSA– 2011–0092; FMCSA–2011–0124; FMCSA– 2011–0140; FMCSA–2011–0141; FMCSA– 2013–0027; FMCSA–2013–0028; FMCSA– 2013–0029; FMCSA–2013–0030; FMCSA– 2014–0007; FMCSA–2014–0300; FMCSA– 2014–0304; FMCSA–2015–0048; FMCSA– 2015–0052; FMCSA–2015–0053; FMCSA– 2015–0055] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 28307 Notice of renewal of exemptions; request for comments. ACTION: 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 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 July 18, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 1998–4334; FMCSA–1999–5578; FMCSA–2000–8398; FMCSA–2001– 9561; FMCSA–2003–14504; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA–2005–20560; FMCSA–2005– 21254; FMCSA–2007–27333; FMCSA– 2007–27515; FMCSA–2007–27897; FMCSA–2007–28695; FMCSA–2008– 0121; FMCSA–2009–0154; FMCSA– 2011–0092; FMCSA–2011–0124; FMCSA–2011–0140; FMCSA–2011– 0141; FMCSA–2013–0027; FMCSA– 2013–0028; FMCSA–2013–0029; FMCSA–2013–0030; FMCSA–2014– 0007; FMCSA–2014–0300; FMCSA– 2014–0304; FMCSA–2015–0048; FMCSA–2015–0052; FMCSA–2015– 0053; FMCSA–2015–0055 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. SUMMARY: E:\FR\FM\18JNN1.SGM 18JNN1 28308 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 • 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 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. VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 The 86 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 86 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (63 FR 66226; 64 FR 16517; 64 FR 27027; 64 FR 51568; 65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 66 FR 41656; 66 FR 48504; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 44837; 68 FR 48989; 68 FR 54775; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 42615; 70 FR 46567; 70 FR 53412; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 39879; 72 FR 40362; 72 FR 46261; 72 FR 52419; 72 FR 54972; 72 FR 62896; 74 FR 19270; 74 FR 20523; 74 FR 23472; 74 FR 26461; 74 FR 26464; 74 FR 34394; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 43221; 74 FR 43223; 74 FR 48343; 76 FR 25762; 76 FR 25766; 76 FR 32017; 76 FR 34135; 76 FR 34136; 76 FR 37168; 76 FR 37169; 76 FR 37885; 76 FR 40445; 76 FR 44652; 76 FR 50318; 76 FR 53708; 76 FR 53710; 76 FR 53710; 76 FR 54530; 76; FR 55463; 76 FR 55469; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 78477; 79 FR 4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 44188; 80 FR 48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 80 FR 49302; 80 FR 50915; 80 FR 50917; 80 FR 53383; 80 FR 62161; 80 FR 62163). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. As of September 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 35 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 68 FR 13360; 68 FR 44837; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 72 FR 32703; 72 FR 40362; 74 FR 19270; 74 FR 23472; 74 FR 26461; 74 FR 26464; 74 FR 34395; 74 FR 34630; 76 FR 25762; 76 FR 25766; 76 FR 32017; 76 FR 34135; 76 FR 37168; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 50318; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 79 FR 4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR 44188; 80 FR 48404; 80 FR 48409; 80 FR 50917; 80 FR 62161; 80 FR 62163): Robert D. Arkwright (MS) Roger Bell (IL) Phillip J. Boes (MN) Dale E. Bunke (ID) Daniel G. Cohen (VT) Jeffrey W. Cotner (OR) Jeffrey S. Daniel (VA) John J. Davis (SC) Roy H. Degner (IA) David S. Devine (ID) John C. Dimassa (WA) Mark J. Dufresne (NH) Donnie H. Eagle (WV) E:\FR\FM\18JNN1.SGM 18JNN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices Dennis C. Edler (PA) Steven G. Garrett (CA) Eric M. Grayson (KY) William K. Gullett (KY) David A. Hayes (GA) John T. Johnson (NM) Jay D. Labrum (UT) Spencer E. Leonard (OH) Brian P. Millard (SC) Gonzalo Pena (FL) Richard E. Perry (CA) Timothy J. Slone (KY) Hoyt V. Smith (SC) Dennis W. Stubrich (PA) Lee T. Taylor (FL) Michael J. Thane (OH) Jon C. Thompson (TX) James L. Tinsley, Jr. (VA) George F. Treece (IL) Harlon C. VanBlaricom (MN) Jeff L. Wheeler (IA) Zachary J. Workman (ID) The drivers were included in the following docket numbers: FMCSA– 2000–8398; FMCSA–2001–9561; FMCSA–2005–20560; FMCSA–2007– 27333; FMCSA–2007–27515; FMCSA– 2009–0121; FMCSA–2011–0092; FMCSA–2011–0140; FMCSA–2013– 0027; FMCSA–2013–0028; FMCSA– 2013–0029; FMCSA–2013–0030; FMCSA–2014–0007; FMCSA–2014– 0300; FMCSA–2014–0304; FMCSA– 2015–0048; FMCSA–2015–0052; FMCSA–2015–0053; FMCSA–2015– 0055. Their exemptions are applicable as of September 6, 2017, and will expire on September 6, 2019. As of September 7, 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 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 50915): Charles E. Carter (MI) James A. Ellis (NY) Dale L. Giardine (PA) Peter M. Shirk (PA) The drivers were included in docket numbers: FMCSA–2011–0124; FMCSA– 2011–0140. Their exemptions are applicable as of September 7, 2017, and will expire on September 7, 2019. As of September 13, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (76 FR 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 50915): John A. Bridges (GA) Brian W. Curtis (IL) Tomie L. Estes (MO) Ray C. Johnson (AR) James J. Mitchell (NC) VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 Andrew M. Nurnberg (GA) Joshua R. Perkins (ID) Craig R. Saari (MN) Jerry L. Schroder (IL) Larry D. Steiner (MN) The drivers were included in docket numbers: FMCSA–2011–0124; FMCSA– 2011–0140. Their exemptions are applicable as of September 13, 2017, and will expire on September 13, 2019. As of September 16, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (78 FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 80 FR 48411): Carl Block (NY) Christopher Brim (TN) John Camp (GA) Ralph Carr (PA) Phyllis Dodson (IN) Juan M. Guerrero (TX) Berl C. Jennings (VA) Udum Khamsoksavath (WA) Vincent Marsee, Sr. (NC) Jerome Paintner (ND) David Snellings (MD) The drivers were included in docket numbers: FMCSA–2013–0028; FMCSA– 2013–0029; FMCSA–2013–0030. Their exemptions are applicable as of September 16, 2017, and will expire on September 16, 2019. As of September 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (78 FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 56986; 80 FR 48411): Michael K. Adams (OH) Eleazar R. Balli (TX) Darrell W. Bayless (TX) Lloyd D. Burgess (OH) Clifford D. Carpenter (MO) Cecil A. Evey (ID) Kamal A. Gaddah (OH) Eric M. Kousgaard (NE) James F. McMahon, Jr. (NH) Samuel A. Miller (IN) Larry T. Rogers (IL) Marcial Soto-Rivas (OR) Boyd D. Stamey (NC) David C. Sybesma (ID) Matthew K. Tucker (MN) The drivers were included in docket numbers: FMCSA–2003–14504; FMCSA–2005–20560; FMCSA–2009– 0154; FMCSA–2011–0124. Their exemptions are applicable as of September 22, 2017, and will expire on September 22, 2019. As of September 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 28309 have satisfied the renewal conditions for obtaining an exemption from the vision requirements (64 FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 19598; 68 FR 33570; 68 FR 37197; 68 FR 48989; 68 FR 54775; 70 FR 30999; 70 FR 42615; 70 FR 46567; 70 FR 53412; 72 FR 39879; 72 FR 52419; 72 FR 62896; 74 FR 43221; 76 FR 53708; 78 FR 78477; 80 FR 53383): Linda L. Billings (NV) Weldon R. Evans (OH) Orasio Garcia (TX) Leslie W. Good (OR) James P. Guth (PA) Gregory K. Lilly (WV) Kenneth A. Reddick (PA) Leonard Rice, Jr. (GA) James T. Sullivan (KY) The drivers were included in docket numbers: FMCSA–1999–5578; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA–2005–21254; FMCSA–2007– 27897. Their exemptions are applicable as of September 23, 2017, and will expire on September 23, 2019. As of September 27, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirements (72 FR 46261; 72 FR 54972; 74 FR 43223; 76 FR 40445; 76 FR 53710; 76 FR 55469; 78 FR 78477): Joe M. Flores (NM), Kenneth D. Perkins (NC). The drivers were included in docket numbers: FMCSA–1999–5578; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA–2005–21254; FMCSA–2007– 27897. Their exemptions are applicable as of September 27, 2017, and will expire on September 27, 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 E:\FR\FM\18JNN1.SGM 18JNN1 28310 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 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 86 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: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–12999 Filed 6–15–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0031] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 53 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 18, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2018–0031 using any of the following methods: amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 • 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 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: PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 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 53 individuals listed in this notice have requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441). The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28307-28310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12999]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-2000-8398; FMCSA-
2001-9561; FMCSA-2003-14504; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-
2005-20560; FMCSA-2005-21254; FMCSA-2007-27333; FMCSA-2007-27515; 
FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0121; FMCSA-2009-0154; 
FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0140; FMCSA-2011-0141; 
FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; 
FMCSA-2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; 
FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 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 
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 July 18, 
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-1998-4334; FMCSA-1999-5578; 
FMCSA-2000-8398; FMCSA-2001-9561; FMCSA-2003-14504; FMCSA-2003-14504; 
FMCSA-2003-15268; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2007-27333; 
FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0121; 
FMCSA-2009-0154; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0140; 
FMCSA-2011-0141; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; 
FMCSA-2013-0030; FMCSA-2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; 
FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055 
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.

[[Page 28308]]

     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 86 individuals listed in this notice have requested renewal of 
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the 86 applicants has satisfied the renewal conditions for obtaining an 
exemption from the vision requirement (63 FR 66226; 64 FR 16517; 64 FR 
27027; 64 FR 51568; 65 FR 78256; 66 FR 16311; 66 FR 30502; 66 FR 41654; 
66 FR 41656; 66 FR 48504; 68 FR 13360; 68 FR 19598; 68 FR 33570; 68 FR 
37197; 68 FR 44837; 68 FR 48989; 68 FR 54775; 70 FR 17504; 70 FR 25878; 
70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 42615; 70 FR 46567; 70 FR 
53412; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 27624; 72 FR 28093; 
72 FR 32703; 72 FR 39879; 72 FR 40362; 72 FR 46261; 72 FR 52419; 72 FR 
54972; 72 FR 62896; 74 FR 19270; 74 FR 20523; 74 FR 23472; 74 FR 26461; 
74 FR 26464; 74 FR 34394; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 
41971; 74 FR 43221; 74 FR 43223; 74 FR 48343; 76 FR 25762; 76 FR 25766; 
76 FR 32017; 76 FR 34135; 76 FR 34136; 76 FR 37168; 76 FR 37169; 76 FR 
37885; 76 FR 40445; 76 FR 44652; 76 FR 50318; 76 FR 53708; 76 FR 53710; 
76 FR 53710; 76 FR 54530; 76; FR 55463; 76 FR 55469; 78 FR 24798; 78 FR 
26106; 78 FR 27281; 78 FR 32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 
78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 
56986; 78 FR 56993; 78 FR 78477; 79 FR 4531; 79 FR 38659; 79 FR 53514; 
80 FR 2473; 80 FR 14223; 80 FR 18693; 80 FR 26139; 80 FR 26320; 80 FR 
29154; 80 FR 31640; 80 FR 33007; 80 FR 33009; 80 FR 33011; 80 FR 35699; 
80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 44185; 80 FR 44188; 80 FR 
48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 80 FR 49302; 80 FR 50915; 
80 FR 50917; 80 FR 53383; 80 FR 62161; 80 FR 62163). They have 
submitted evidence showing that the vision in the better eye continues 
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the 
vision impairment is stable. In addition, a review of each record of 
safety while driving with the respective vision deficiencies over the 
past two years indicates each applicant continues to meet the vision 
exemption requirements. These factors provide an adequate basis for 
predicting each driver's ability to continue to drive safely in 
interstate commerce. Therefore, FMCSA concludes that extending the 
exemption for each renewal applicant for a period of two years is 
likely to achieve a level of safety equal to that existing without the 
exemption.
    As of September 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 35 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (65 FR 78256; 66 FR 16311; 66 FR 
30502; 66 FR 41654; 68 FR 13360; 68 FR 44837; 70 FR 17504; 70 FR 25878; 
70 FR 30997; 70 FR 41811; 72 FR 12666; 72 FR 21313; 72 FR 25831; 72 FR 
27624; 72 FR 28093; 72 FR 32703; 72 FR 40362; 74 FR 19270; 74 FR 23472; 
74 FR 26461; 74 FR 26464; 74 FR 34395; 74 FR 34630; 76 FR 25762; 76 FR 
25766; 76 FR 32017; 76 FR 34135; 76 FR 37168; 76 FR 37169; 76 FR 37885; 
76 FR 44652; 76 FR 50318; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 
32708; 78 FR 34140; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 
78 FR 46407; 78 FR 51269; 78 FR 52602; 78 FR 56986; 78 FR 56993; 79 FR 
4531; 79 FR 38659; 79 FR 53514; 80 FR 2473; 80 FR 14223; 80 FR 18693; 
80 FR 26139; 80 FR 26320; 80 FR 29154; 80 FR 31640; 80 FR 33007; 80 FR 
33009; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 
80 FR 44185; 80 FR 44188; 80 FR 48404; 80 FR 48409; 80 FR 50917; 80 FR 
62161; 80 FR 62163):

Robert D. Arkwright (MS)
Roger Bell (IL)
Phillip J. Boes (MN)
Dale E. Bunke (ID)
Daniel G. Cohen (VT)
Jeffrey W. Cotner (OR)
Jeffrey S. Daniel (VA)
John J. Davis (SC)
Roy H. Degner (IA)
David S. Devine (ID)
John C. Dimassa (WA)
Mark J. Dufresne (NH)
Donnie H. Eagle (WV)

[[Page 28309]]

Dennis C. Edler (PA)
Steven G. Garrett (CA)
Eric M. Grayson (KY)
William K. Gullett (KY)
David A. Hayes (GA)
John T. Johnson (NM)
Jay D. Labrum (UT)
Spencer E. Leonard (OH)
Brian P. Millard (SC)
Gonzalo Pena (FL)
Richard E. Perry (CA)
Timothy J. Slone (KY)
Hoyt V. Smith (SC)
Dennis W. Stubrich (PA)
Lee T. Taylor (FL)
Michael J. Thane (OH)
Jon C. Thompson (TX)
James L. Tinsley, Jr. (VA)
George F. Treece (IL)
Harlon C. VanBlaricom (MN)
Jeff L. Wheeler (IA)
Zachary J. Workman (ID)

    The drivers were included in the following docket numbers: FMCSA-
2000-8398; FMCSA-2001-9561; FMCSA-2005-20560; FMCSA-2007-27333; FMCSA-
2007-27515; FMCSA-2009-0121; FMCSA-2011-0092; FMCSA-2011-0140; FMCSA-
2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2014-0007; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA-
2015-0052; FMCSA-2015-0053; FMCSA-2015-0055. Their exemptions are 
applicable as of September 6, 2017, and will expire on September 6, 
2019.
    As of September 7, 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 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 
50915):

Charles E. Carter (MI)
James A. Ellis (NY)
Dale L. Giardine (PA)
Peter M. Shirk (PA)

    The drivers were included in docket numbers: FMCSA-2011-0124; 
FMCSA-2011-0140. Their exemptions are applicable as of September 7, 
2017, and will expire on September 7, 2019.
    As of September 13, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following ten individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirements (76 
FR 34136; 76 FR 37169; 76 FR 50318; 76 FR 55463; 78 FR 78477; 80 FR 
50915):

John A. Bridges (GA)
Brian W. Curtis (IL)
Tomie L. Estes (MO)
Ray C. Johnson (AR)
James J. Mitchell (NC)
Andrew M. Nurnberg (GA)
Joshua R. Perkins (ID)
Craig R. Saari (MN)
Jerry L. Schroder (IL)
Larry D. Steiner (MN)

    The drivers were included in docket numbers: FMCSA-2011-0124; 
FMCSA-2011-0140. Their exemptions are applicable as of September 13, 
2017, and will expire on September 13, 2019.
    As of September 16, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirements (78 
FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 
56986; 80 FR 48411):

Carl Block (NY)
Christopher Brim (TN)
John Camp (GA)
Ralph Carr (PA)
Phyllis Dodson (IN)
Juan M. Guerrero (TX)
Berl C. Jennings (VA)
Udum Khamsoksavath (WA)
Vincent Marsee, Sr. (NC)
Jerome Paintner (ND)
David Snellings (MD)

    The drivers were included in docket numbers: FMCSA-2013-0028; 
FMCSA-2013-0029; FMCSA-2013-0030. Their exemptions are applicable as of 
September 16, 2017, and will expire on September 16, 2019.
    As of September 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 15 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirements (78 
FR 27281; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 52602; 78 FR 
56986; 80 FR 48411):

Michael K. Adams (OH)
Eleazar R. Balli (TX)
Darrell W. Bayless (TX)
Lloyd D. Burgess (OH)
Clifford D. Carpenter (MO)
Cecil A. Evey (ID)
Kamal A. Gaddah (OH)
Eric M. Kousgaard (NE)
James F. McMahon, Jr. (NH)
Samuel A. Miller (IN)
Larry T. Rogers (IL)
Marcial Soto-Rivas (OR)
Boyd D. Stamey (NC)
David C. Sybesma (ID)
Matthew K. Tucker (MN)

    The drivers were included in docket numbers: FMCSA-2003-14504; 
FMCSA-2005-20560; FMCSA-2009-0154; FMCSA-2011-0124. Their exemptions 
are applicable as of September 22, 2017, and will expire on September 
22, 2019.
    As of September 23, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirements (64 
FR 27027; 64 FR 51568; 66 FR 48504; 68 FR 19598; 68 FR 33570; 68 FR 
37197; 68 FR 48989; 68 FR 54775; 70 FR 30999; 70 FR 42615; 70 FR 46567; 
70 FR 53412; 72 FR 39879; 72 FR 52419; 72 FR 62896; 74 FR 43221; 76 FR 
53708; 78 FR 78477; 80 FR 53383):

Linda L. Billings (NV)
Weldon R. Evans (OH)
Orasio Garcia (TX)
Leslie W. Good (OR)
James P. Guth (PA)
Gregory K. Lilly (WV)
Kenneth A. Reddick (PA)
Leonard Rice, Jr. (GA)
James T. Sullivan (KY)

    The drivers were included in docket numbers: FMCSA-1999-5578; 
FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-2007-27897. 
Their exemptions are applicable as of September 23, 2017, and will 
expire on September 23, 2019.
    As of September 27, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following two individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirements (72 
FR 46261; 72 FR 54972; 74 FR 43223; 76 FR 40445; 76 FR 53710; 76 FR 
55469; 78 FR 78477): Joe M. Flores (NM), Kenneth D. Perkins (NC).
    The drivers were included in docket numbers: FMCSA-1999-5578; 
FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2005-21254; FMCSA-2007-27897. 
Their exemptions are applicable as of September 27, 2017, and will 
expire on September 27, 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

[[Page 28310]]

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 86 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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-12999 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P
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