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