Qualification of Drivers; Exemption Applications; Vision, 34661-34664 [2018-15554]
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
severe hypoglycemic episodes in the
last five years. His endocrinologist
certifies that Mr. Whitehead
understands diabetes management and
monitoring, has stable control of his
diabetes using insulin, and is able to
drive a CMV safely. Mr. Whitehead
meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and
certified that he does not have diabetic
retinopathy. He holds a Class A CDL
from North Carolina.
John J. Wille III
Mr. Wille, 60, has had ITDM since
2017. His endocrinologist examined him
in 2018 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Wille understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wille meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2018 and certified that he does
not have diabetic retinopathy. He holds
an operator’s license from Utah.
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Douglas W. Winslow
Mr. Winslow, 53, has had ITDM since
1991. His endocrinologist examined him
in 2018 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Winslow understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Winslow meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds an operator’s license from
Illinois.
Christopher S. Wright
Mr. Wright, 53, has had ITDM since
2018. His endocrinologist examined him
in 2018 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
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resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Wright understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wright meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2018 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Illinois.
FMCSA–2018–0033 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the dates section of the notice.
[Docket No. FMCSA–1999–6156; FMCSA–
1999–6480; FMCSA–2002–11714; FMCSA–
2005–23099; FMCSA–2006–24015; FMCSA–
2006–24783; FMCSA–2007–27515; FMCSA–
2008–0021; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2009–0206; FMCSA–
2009–0291; FMCSA–2009–0303; FMCSA–
2009–0321; FMCSA–2010–0050; FMCSA–
2010–0082; FMCSA–2010–0114; FMCSA–
2011–0299; FMCSA–2011–0324; FMCSA–
2011–0379; FMCSA–2012–0039; FMCSA–
2012–0104; FMCSA–2012–0106; FMCSA–
2012–0159; FMCSA–2012–0160; FMCSA–
2012–0161; FMCSA–2013–0174; FMCSA–
2014–0002; FMCSA–2014–0003; FMCSA–
2014–0005; FMCSA–2014–0006; FMCSA–
2014–0007; FMCSA–2014–0008; FMCSA–
2016–0024; FMCSA–2016–0027; FMCSA–
2016–0028; FMCSA–2016–0030]
IV. Submitting Comments
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 that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2018–0033 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
materials received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
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Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15542 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
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 100
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 August 20,
2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
1999–6156; FMCSA–1999–6480;
FMCSA–2002–11714; FMCSA–2005–
23099; FMCSA–2006–24015; FMCSA–
2006–24783; FMCSA–2007–27515;
FMCSA–2008–0021; FMCSA–2008–
0106; FMCSA–2008–0174; FMCSA–
2009–0206; FMCSA–2009–0291;
SUMMARY:
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
FMCSA–2009–0303; FMCSA–2009–
0321; FMCSA–2010–0050; FMCSA–
2010–0082; FMCSA–2010–0114;
FMCSA–2011–0299; FMCSA–2011–
0324; FMCSA–2011–0379; FMCSA–
2012–0039; FMCSA–2012–0104;
FMCSA–2012–0106; FMCSA–2012–
0159; FMCSA–2012–0160; FMCSA–
2012–0161; FMCSA–2013–0174;
FMCSA–2014–0002; FMCSA–2014–
0003; FMCSA–2014–0005; FMCSA–
2014–0006; FMCSA–2014–0007;
FMCSA–2014–0008; FMCSA–2016–
0024; FMCSA–2016–0027; FMCSA–
2016–0028; FMCSA–2016–0030 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 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.
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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.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 100 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
PO 00000
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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 100 applicants
has satisfied the renewal conditions for
obtaining an exemption from the vision
requirement (64 FR 54948; 64 FR 68195;
65 FR 159; 65 FR 20251; 67 FR 10475;
67 FR 15662; 67 FR 17102; 67 FR 37907;
69 FR 8260; 69 FR 17267; 69 FR 26206;
71 FR 4194; 71 FR 6824; 71 FR 13450;
71 FR 14567; 71 FR 16410; 71 FR 26601;
71 FR 26602; 71 FR 30228; 71 FR 32183;
71 FR 41310; 72 FR 21313; 72 FR 32703;
73 FR 15255; 73 FR 15567; 73 FR 27015;
73 FR 27017; 73 FR 28186; 73 FR 28187;
73 FR 35195; 73 FR 35196; 73 FR 35197;
73 FR 35198; 73 FR 35199; 73 FR 35200;
73 FR 35201; 73 FR 36955; 73 FR 38498;
73 FR 38499; 73 FR 48273; 73 FR 48275;
74 FR 26464; 74 FR 43217; 74 FR 57551;
74 FR 60022; 74 FR 65842; 75 FR 1835;
75 FR 4623; 75 FR 9478; 75 FR 9482; 75
FR 14656; 75 FR 19674; 75 FR 20882;
75 FR 25917; 75 FR 25918; 75 FR 25919;
75 FR 27621; 75 FR 27622; 75 FR 27623;
75 FR 28682; 75 FR 34210; 75 FR 34211;
75 FR 34212; 75 FR 36778; 75 FR 36779;
75 FR 39727; 75 FR 39729; 75 FR 39729;
75 FR 44051; 75 FR 47888; 76 FR 37173;
76 FR 75942; 77 FR 7657; 77 FR 10606;
77 FR 13689; 77 FR 15184; 77 FR 15184;
77 FR 20879; 77 FR 22059; 77 FR 23797;
77 FR 26816; 77 FR 27847; 77 FR 27849;
77 FR 27850; 77 FR 27850; 77 FR 29447;
77 FR 31427; 77 FR 33017; 77 FR 36336;
77 FR 36338; 77 FR 36338; 77 FR 38381;
77 FR 38384; 77 FR 38386; 77 FR 40945;
77 FR 41879; 77 FR 44708; 77 FR 46153;
77 FR 46795; 77 FR 51846; 77 FR 52391;
78 FR 57679; 78 FR 67452; 78 FR 67460;
78 FR 78477; 79 FR 1908; 79 FR 10606;
79 FR 10608; 79 FR 14328; 79 FR 14333;
79 FR 14571; 79 FR 17641; 79 FR 18390;
79 FR 21996; 79 FR 22003; 79 FR 23797;
79 FR 27043; 79 FR 27681; 79 FR 28588;
79 FR 29495; 79 FR 35212; 79 FR 35218;
79 FR 35220; 79 FR 38649; 79 FR 38659;
79 FR 38661; 79 FR 38661; 79 FR 40945;
79 FR 41735; 79 FR 41737; 79 FR 41740;
79 FR 46153; 79 FR 47175; 79 FR 53514;
79 FR 56102; 80 FR 49302; 80 FR 63869;
80 FR 80443; 81 FR 20433; 81 FR 20435;
81 FR 21655; 81 FR 26305; 81 FR 28138;
81 FR 39320; 81 FR 45214; 81 FR 66718;
81 FR 66720; 81 FR 66724; 81 FR 66726;
81 FR 77173; 81 FR 90050; 81 FR 90050;
81 FR 90050; 81 FR 90050; 81 FR 90050;
81 FR 90050; 81 FR 90050; 81 FR 90050;
81 FR 91239; 81 FR 96196). They have
submitted evidence showing that the
vision in the better eye continues to
meet the requirement specified at 49
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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 August and are discussed
below:
As of August 1, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 39 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (64 FR 54948; 64
FR 68195; 65 FR 159; 65 FR 20251; 67
FR 10475; 67 FR 15662; 67 FR 17102;
67 FR 37907; 69 FR 8260; 69 FR 17267;
69 FR 26206; 71 FR 4194; 71 FR 6824;
71 FR 13450; 71 FR 16410; 71 FR 26601;
71 FR 26602; 71 FR 32183; 71 FR 41310;
72 FR 21313; 72 FR 32703; 73 FR 15255;
73 FR 15567; 73 FR 27015; 73 FR 27017;
73 FR 28186; 73 FR 36955; 74 FR 26464;
74 FR 43217; 74 FR 57551; 74 FR 60022;
74 FR 65842; 75 FR 1835; 75 FR 4623;
75 FR 9478; 75 FR 9482; 75 FR 14656;
75 FR 19674; 75 FR 20882; 75 FR 25917;
75 FR 27621; 75 FR 27622; 75 FR 27623;
75 FR 28682; 75 FR 36778; 75 FR 36779;
75 FR 39727; 76 FR 37173; 76 FR 75942;
77 FR 7657; 77 FR 10606; 77 FR 13689;
77 FR 15184; 77 FR 20879; 77 FR 22059;
77 FR 23797; 77 FR 26816; 77 FR 27847;
77 FR 27849; 77 FR 27850; 77 FR 29447;
77 FR 31427; 77 FR 33017; 77 FR 36338;
77 FR 38384; 77 FR 38386; 77 FR 44708;
78 FR 57679; 78 FR 67452; 78 FR 67460;
78 FR 78477; 79 FR 1908; 79 FR 10606;
79 FR 10608; 79 FR 14328; 79 FR 14333;
79 FR 14571; 79 FR 17641; 79 FR 18390;
79 FR 21996; 79 FR 22003; 79 FR 23797;
79 FR 27043; 79 FR 27681; 79 FR 28588;
79 FR 29495; 79 FR 35212; 79 FR 35218;
79 FR 35220; 79 FR 38649; 79 FR 38661;
79 FR 47175; 80 FR 49302; 80 FR 63869;
80 FR 80443; 81 FR 20433; 81 FR 20435;
81 FR 21655; 81 FR 26305; 81 FR 28138;
81 FR 39320; 81 FR 66718; 81 FR 66720;
81 FR 66724; 81 FR 77173; 81 FR 90050;
81 FR 91239; 81 FR 96196):
Julian Aguirre (TX)
Daniel A. Bahm (FL)
Kenneth J. Bernard (LA)
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Brad T. Braegger (UT)
Walter M. Brown (SC)
Daniel M. Cannon (OR)
Cary Carn (NJ)
Ryan E. Cox (WI)
William C. Dempsey, Jr. (MA)
Richard W. Ellis (IA)
Ronald D. Flanery (KY)
Nicholas C. Georgen (IA)
Luis Gomez-Banda (NV)
Gary A. Goostree (OH)
Joshua V. Harrison (NJ)
Wesley V. Holland (NC)
Timothy B. Hummel (KY)
Walter J. Jurczak (NJ)
Charles J. Kennedy (OH)
Randall L. Mathis (AL)
Brian D. McClanahan (IL)
Lawrence C. Moody (NJ)
Norman V. Myers (WA)
Earl R. Neugerbauer (CO)
Hassan Ourahou (KY)
Joe Ramirez (CA)
Tommy L. Ray, Jr. (AL)
Justin T. Richman (IN)
Kevin L. Routin (KY)
Scott J. Schlenker (WA)
Andrew W. Schollett (CO)
Michael D. Singleton (IN)
John C. Smith (IL)
Temesgn H. Teklezig (WA)
George W. Thomas (SC)
Gary R. Thomas (OH)
Leslie D. Wallace (MO)
Wade W. Ward (WY)
John T. White, Jr. (NC)
The drivers were included in docket
numbers FMCSA–1999–6156; FCMSA–
1999–6480; FCMSA–2002–11714;
FCMSA–2005–23099; FCMSA–2006–
24783; FCMSA–2007–27515; FCMSA–
2008–0021; FCMSA–2009–0206;
FCMSA–2009–0291; FCMSA–2009–
0303; FCMSA–2009–0321; FCMSA–
2010–0050; FCMSA–2010–0082;
FCMSA–2011–0299; FCMSA–2011–
0324; FCMSA–2011–0379; FCMSA–
2012–0039; FCMSA–2012–0104;
FCMSA–2012–0106; FCMSA–2013–
0174; FCMSA–2014–0002; FCMSA–
2014–0003; FCMSA–2014–0005;
FCMSA–2014–0006; FCMSA–2016–
0024; FCMSA–2016–0027; FCMSA–
2016–0028. Their exemptions are
applicable as of August 1, 2018, and
will expire on August 1, 2020.
As of August 6, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (75 FR 25918; 75
FR 39729; 77 FR 15184; 77 FR 27850;
77 FR 36336; 77 FR 36338; 77 FR 46795;
79 FR 38661; 81 FR 90050):
William L. Martin (OR)
Richard L. Miller (IN)
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Lance C. Phares (NY)
Richard D. Tucker II (NC)
Jay Turner (OH)
The drivers were included in docket
numbers FMCSA–2010–0082; FMCSA–
2011–0379; FMCSA–2012–0159. Their
exemptions are applicable as of August
6, 2018, and will expire on August 6,
2020.
As of August 8, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 16 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (79 FR 38659; 79
FR 53514; 81 FR 90050):
Jimmy A. Baker (TX)
Antonio A. Calixto (MN)
James W. Carter, Jr. (KS)
Larry G. Davis (TN)
Michael C. Doheny (CT)
George P. Ford (NC)
Ronnie L. Henry (KS)
Johnny L. Irving (MS)
Kevin L. Jones (SC)
Keith A. Kelley (ME)
David L. Miller (OH)
David Perkins (NY)
Randall H. Tempel (MT)
Cory J. Tivnan (WA)
Ricky W. Witt (IA)
John D. Woods (MI)
The drivers were included in docket
number FMCSA–2014–0007. Their
exemptions are applicable as of August
8, 2018, and will expire on August 8,
2020.
As of August 9, 2018, 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
requirement in the FMCSRs for
interstate CMV drivers (75 FR 34210; 75
FR 34211; 75 FR 34212; 75 FR 27888;
77 FR 40945; 79 FR 40945; 81 FR
90050):
Mark S. Berkheimer (PA)
Michael A. Jabro (MI)
Buddy W. Myrick (TX)
Charles L. Rill, Sr. (MD)
The drivers were included in docket
number FMCSA–2010–0114. Their
exemptions are applicable as of August
9, 2018, and will expire on August 9,
2020.
As of August 12, 2018, 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
requirement in the FMCSRs for
interstate CMV drivers (81 FR 45214; 81
FR 66726):
David E. Campbell (NY)
James G. Cothren (GA)
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Nenad Harnos (NJ)
Matthew D. Hormann (MN)
James W. Jones (AL)
Duane R. Martin (PA)
Roger S. Orr (IA)
Richard D. Shryock (MO)
Steven D. Sodders (OH)
Keith R. Tyler (NC)
The drivers were included in docket
number FMCSA–2016–0014. Their
exemptions are applicable as of August
12, 2018, and will expire on August 12,
2020.
As of August 18, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 22 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (71 FR 14567; 71
FR 30228; 73 FR 28187; 73 FR 35195;
73 FR 35196; 73 FR 35197; 73 FR 35198;
73 FR 35199; 73 FR 35200; 73 FR 35201;
73 FR 38498; 73 FR 38499; 73 FR 48273;
73 FR 48275; 75 FR 25919; 75 FR 39729;
75 FR 44051; 77 FR 46153; 79 FR 46153;
81 FR 90050):
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Roger D. Elders (MI)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
Andrew C. Kelly (WV)
Jason W. King (MT)
Billy J. Lewis (LA)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Carroll G. Quisenberry (KY)
Ryan J. Reimann (WI)
Brandon J. See (IA)
Ricky L. Shepler (PA)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Aaron E. Wright (MI)
The drivers were included in docket
numbers FMCSA–2006–24015;
FMCSA–2008–0106; FMCSA–2008–
0174; FMCSA–2010–0082. Their
exemptions are applicable as of August
18, 2018, and will expire on August 18,
2020.
As of August 19, 2018, 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
requirement in the FMCSRs for
interstate CMV drivers (79 FR 41737; 79
FR 56102; 81 FR 90050): Leamon V.
Manchester (LA); Leverne F. Schulte, Jr.
(OH)
The drivers were included in docket
number FMCSA–2014–0008. Their
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
exemptions are applicable as of August
19, 2018, and will expire on August 19,
2020.
As of August 27, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, Gregory S. Smith (AR) has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (77 FR 38381; 77
FR 51846; 79 FR 41740; 81 FR 90050).
The driver was included in docket
number FMCSA–2012–0160. The
exemption is applicable as of August 27,
2018, and will expire on August 27,
2020.
As of August 29, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, Rickey W. Goins (TN) has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (77 FR 41879; 77
FR 52391; 79 FR 41735; 81 FR 90050).
The driver was included in docket
number FMCSA–2012–0161. The
exemption is applicable as of August 29,
2018, and will expire on August 29,
2020.
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.
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
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 100
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: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15554 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2018–0051]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt eight individuals
from the requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial
motor vehicle (CMV) drivers have ‘‘no
established medical history or clinical
diagnosis of epilepsy or any other
condition which is likely to cause loss
of consciousness or any loss of ability to
control a CMV.’’ The exemptions enable
these individuals who have had one or
more seizures and are taking antiseizure medication to operate CMVs in
interstate commerce.
DATES: The exemptions were applicable
on May 30, 2018. The exemptions
expire on May 30, 2020.
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
SUMMARY:
E:\FR\FM\20JYN1.SGM
20JYN1
Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34661-34664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15554]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2002-11714; FMCSA-
2005-23099; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-27515;
FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0206;
FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050;
FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0324;
FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106;
FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006;
FMCSA-2014-0007; FMCSA-2014-0008; FMCSA-2016-0024; FMCSA-2016-0027;
FMCSA-2016-0028; FMCSA-2016-0030]
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 100
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 August
20, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-6156; FMCSA-1999-6480;
FMCSA-2002-11714; FMCSA-2005-23099; FMCSA-2006-24015; FMCSA-2006-24783;
FMCSA-2007-27515; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174;
FMCSA-2009-0206; FMCSA-2009-0291;
[[Page 34662]]
FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2010-0082;
FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0324; FMCSA-2011-0379;
FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2012-0159;
FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0174; FMCSA-2014-0002;
FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007;
FMCSA-2014-0008; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0028;
FMCSA-2016-0030 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.
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.
SUPPLEMENTARY INFORMATION:
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 100 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 100 applicants has satisfied the renewal conditions for obtaining
an exemption from the vision requirement (64 FR 54948; 64 FR 68195; 65
FR 159; 65 FR 20251; 67 FR 10475; 67 FR 15662; 67 FR 17102; 67 FR
37907; 69 FR 8260; 69 FR 17267; 69 FR 26206; 71 FR 4194; 71 FR 6824; 71
FR 13450; 71 FR 14567; 71 FR 16410; 71 FR 26601; 71 FR 26602; 71 FR
30228; 71 FR 32183; 71 FR 41310; 72 FR 21313; 72 FR 32703; 73 FR 15255;
73 FR 15567; 73 FR 27015; 73 FR 27017; 73 FR 28186; 73 FR 28187; 73 FR
35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200;
73 FR 35201; 73 FR 36955; 73 FR 38498; 73 FR 38499; 73 FR 48273; 73 FR
48275; 74 FR 26464; 74 FR 43217; 74 FR 57551; 74 FR 60022; 74 FR 65842;
75 FR 1835; 75 FR 4623; 75 FR 9478; 75 FR 9482; 75 FR 14656; 75 FR
19674; 75 FR 20882; 75 FR 25917; 75 FR 25918; 75 FR 25919; 75 FR 27621;
75 FR 27622; 75 FR 27623; 75 FR 28682; 75 FR 34210; 75 FR 34211; 75 FR
34212; 75 FR 36778; 75 FR 36779; 75 FR 39727; 75 FR 39729; 75 FR 39729;
75 FR 44051; 75 FR 47888; 76 FR 37173; 76 FR 75942; 77 FR 7657; 77 FR
10606; 77 FR 13689; 77 FR 15184; 77 FR 15184; 77 FR 20879; 77 FR 22059;
77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR
27850; 77 FR 29447; 77 FR 31427; 77 FR 33017; 77 FR 36336; 77 FR 36338;
77 FR 36338; 77 FR 38381; 77 FR 38384; 77 FR 38386; 77 FR 40945; 77 FR
41879; 77 FR 44708; 77 FR 46153; 77 FR 46795; 77 FR 51846; 77 FR 52391;
78 FR 57679; 78 FR 67452; 78 FR 67460; 78 FR 78477; 79 FR 1908; 79 FR
10606; 79 FR 10608; 79 FR 14328; 79 FR 14333; 79 FR 14571; 79 FR 17641;
79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR
27681; 79 FR 28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220;
79 FR 38649; 79 FR 38659; 79 FR 38661; 79 FR 38661; 79 FR 40945; 79 FR
41735; 79 FR 41737; 79 FR 41740; 79 FR 46153; 79 FR 47175; 79 FR 53514;
79 FR 56102; 80 FR 49302; 80 FR 63869; 80 FR 80443; 81 FR 20433; 81 FR
20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39320; 81 FR 45214;
81 FR 66718; 81 FR 66720; 81 FR 66724; 81 FR 66726; 81 FR 77173; 81 FR
90050; 81 FR 90050; 81 FR 90050; 81 FR 90050; 81 FR 90050; 81 FR 90050;
81 FR 90050; 81 FR 90050; 81 FR 91239; 81 FR 96196). They have
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49
[[Page 34663]]
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 August
and are discussed below:
As of August 1, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 39 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (64 FR 54948; 64 FR 68195; 65 FR
159; 65 FR 20251; 67 FR 10475; 67 FR 15662; 67 FR 17102; 67 FR 37907;
69 FR 8260; 69 FR 17267; 69 FR 26206; 71 FR 4194; 71 FR 6824; 71 FR
13450; 71 FR 16410; 71 FR 26601; 71 FR 26602; 71 FR 32183; 71 FR 41310;
72 FR 21313; 72 FR 32703; 73 FR 15255; 73 FR 15567; 73 FR 27015; 73 FR
27017; 73 FR 28186; 73 FR 36955; 74 FR 26464; 74 FR 43217; 74 FR 57551;
74 FR 60022; 74 FR 65842; 75 FR 1835; 75 FR 4623; 75 FR 9478; 75 FR
9482; 75 FR 14656; 75 FR 19674; 75 FR 20882; 75 FR 25917; 75 FR 27621;
75 FR 27622; 75 FR 27623; 75 FR 28682; 75 FR 36778; 75 FR 36779; 75 FR
39727; 76 FR 37173; 76 FR 75942; 77 FR 7657; 77 FR 10606; 77 FR 13689;
77 FR 15184; 77 FR 20879; 77 FR 22059; 77 FR 23797; 77 FR 26816; 77 FR
27847; 77 FR 27849; 77 FR 27850; 77 FR 29447; 77 FR 31427; 77 FR 33017;
77 FR 36338; 77 FR 38384; 77 FR 38386; 77 FR 44708; 78 FR 57679; 78 FR
67452; 78 FR 67460; 78 FR 78477; 79 FR 1908; 79 FR 10606; 79 FR 10608;
79 FR 14328; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR
21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27681; 79 FR 28588;
79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 38649; 79 FR
38661; 79 FR 47175; 80 FR 49302; 80 FR 63869; 80 FR 80443; 81 FR 20433;
81 FR 20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39320; 81 FR
66718; 81 FR 66720; 81 FR 66724; 81 FR 77173; 81 FR 90050; 81 FR 91239;
81 FR 96196):
Julian Aguirre (TX)
Daniel A. Bahm (FL)
Kenneth J. Bernard (LA)
Brad T. Braegger (UT)
Walter M. Brown (SC)
Daniel M. Cannon (OR)
Cary Carn (NJ)
Ryan E. Cox (WI)
William C. Dempsey, Jr. (MA)
Richard W. Ellis (IA)
Ronald D. Flanery (KY)
Nicholas C. Georgen (IA)
Luis Gomez-Banda (NV)
Gary A. Goostree (OH)
Joshua V. Harrison (NJ)
Wesley V. Holland (NC)
Timothy B. Hummel (KY)
Walter J. Jurczak (NJ)
Charles J. Kennedy (OH)
Randall L. Mathis (AL)
Brian D. McClanahan (IL)
Lawrence C. Moody (NJ)
Norman V. Myers (WA)
Earl R. Neugerbauer (CO)
Hassan Ourahou (KY)
Joe Ramirez (CA)
Tommy L. Ray, Jr. (AL)
Justin T. Richman (IN)
Kevin L. Routin (KY)
Scott J. Schlenker (WA)
Andrew W. Schollett (CO)
Michael D. Singleton (IN)
John C. Smith (IL)
Temesgn H. Teklezig (WA)
George W. Thomas (SC)
Gary R. Thomas (OH)
Leslie D. Wallace (MO)
Wade W. Ward (WY)
John T. White, Jr. (NC)
The drivers were included in docket numbers FMCSA-1999-6156; FCMSA-
1999-6480; FCMSA-2002-11714; FCMSA-2005-23099; FCMSA-2006-24783; FCMSA-
2007-27515; FCMSA-2008-0021; FCMSA-2009-0206; FCMSA-2009-0291; FCMSA-
2009-0303; FCMSA-2009-0321; FCMSA-2010-0050; FCMSA-2010-0082; FCMSA-
2011-0299; FCMSA-2011-0324; FCMSA-2011-0379; FCMSA-2012-0039; FCMSA-
2012-0104; FCMSA-2012-0106; FCMSA-2013-0174; FCMSA-2014-0002; FCMSA-
2014-0003; FCMSA-2014-0005; FCMSA-2014-0006; FCMSA-2016-0024; FCMSA-
2016-0027; FCMSA-2016-0028. Their exemptions are applicable as of
August 1, 2018, and will expire on August 1, 2020.
As of August 6, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (75 FR 25918; 75 FR 39729; 77 FR
15184; 77 FR 27850; 77 FR 36336; 77 FR 36338; 77 FR 46795; 79 FR 38661;
81 FR 90050):
William L. Martin (OR)
Richard L. Miller (IN)
Lance C. Phares (NY)
Richard D. Tucker II (NC)
Jay Turner (OH)
The drivers were included in docket numbers FMCSA-2010-0082; FMCSA-
2011-0379; FMCSA-2012-0159. Their exemptions are applicable as of
August 6, 2018, and will expire on August 6, 2020.
As of August 8, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 38659; 79 FR 53514; 81 FR
90050):
Jimmy A. Baker (TX)
Antonio A. Calixto (MN)
James W. Carter, Jr. (KS)
Larry G. Davis (TN)
Michael C. Doheny (CT)
George P. Ford (NC)
Ronnie L. Henry (KS)
Johnny L. Irving (MS)
Kevin L. Jones (SC)
Keith A. Kelley (ME)
David L. Miller (OH)
David Perkins (NY)
Randall H. Tempel (MT)
Cory J. Tivnan (WA)
Ricky W. Witt (IA)
John D. Woods (MI)
The drivers were included in docket number FMCSA-2014-0007. Their
exemptions are applicable as of August 8, 2018, and will expire on
August 8, 2020.
As of August 9, 2018, 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 requirement in
the FMCSRs for interstate CMV drivers (75 FR 34210; 75 FR 34211; 75 FR
34212; 75 FR 27888; 77 FR 40945; 79 FR 40945; 81 FR 90050):
Mark S. Berkheimer (PA)
Michael A. Jabro (MI)
Buddy W. Myrick (TX)
Charles L. Rill, Sr. (MD)
The drivers were included in docket number FMCSA-2010-0114. Their
exemptions are applicable as of August 9, 2018, and will expire on
August 9, 2020.
As of August 12, 2018, 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 requirement in
the FMCSRs for interstate CMV drivers (81 FR 45214; 81 FR 66726):
David E. Campbell (NY)
James G. Cothren (GA)
[[Page 34664]]
Nenad Harnos (NJ)
Matthew D. Hormann (MN)
James W. Jones (AL)
Duane R. Martin (PA)
Roger S. Orr (IA)
Richard D. Shryock (MO)
Steven D. Sodders (OH)
Keith R. Tyler (NC)
The drivers were included in docket number FMCSA-2016-0014. Their
exemptions are applicable as of August 12, 2018, and will expire on
August 12, 2020.
As of August 18, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 22 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (71 FR 14567; 71 FR 30228; 73 FR
28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199;
73 FR 35200; 73 FR 35201; 73 FR 38498; 73 FR 38499; 73 FR 48273; 73 FR
48275; 75 FR 25919; 75 FR 39729; 75 FR 44051; 77 FR 46153; 79 FR 46153;
81 FR 90050):
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Roger D. Elders (MI)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
Andrew C. Kelly (WV)
Jason W. King (MT)
Billy J. Lewis (LA)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Carroll G. Quisenberry (KY)
Ryan J. Reimann (WI)
Brandon J. See (IA)
Ricky L. Shepler (PA)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Aaron E. Wright (MI)
The drivers were included in docket numbers FMCSA-2006-24015;
FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2010-0082. Their exemptions are
applicable as of August 18, 2018, and will expire on August 18, 2020.
As of August 19, 2018, 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 requirement in
the FMCSRs for interstate CMV drivers (79 FR 41737; 79 FR 56102; 81 FR
90050): Leamon V. Manchester (LA); Leverne F. Schulte, Jr. (OH)
The drivers were included in docket number FMCSA-2014-0008. Their
exemptions are applicable as of August 19, 2018, and will expire on
August 19, 2020.
As of August 27, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, Gregory S. Smith (AR) has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (77 FR 38381; 77 FR 51846; 79 FR 41740; 81
FR 90050).
The driver was included in docket number FMCSA-2012-0160. The
exemption is applicable as of August 27, 2018, and will expire on
August 27, 2020.
As of August 29, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, Rickey W. Goins (TN) has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (77 FR 41879; 77 FR 52391; 79 FR 41735; 81
FR 90050).
The driver was included in docket number FMCSA-2012-0161. The
exemption is applicable as of August 29, 2018, and will expire on
August 29, 2020.
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 100 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: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15554 Filed 7-19-18; 8:45 am]
BILLING CODE 4910-EX-P