Qualification of Drivers; Exemption Applications; Vision, 40634-40636 [2018-17602]
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40634
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
Emmanuel A. Sepulveda (CA)
Tyrone Sipp (TN)
Calvin R. Stoltzfus (PA)
Latasha M. Williams-Barnes (CT)
The following four applicants have
not had stable vision for the preceding
three-year period:
Miguel M. Levario (NM)
Markell D. Riley (NC)
Michael J. Smith (MN)
Vernon L. Speakman (GA)
The following applicant, Charles E.
Chamberlain (KY), does not meet the
vision standard in his better eye.
The following applicant, Jerry B.
Gibson (KY), drove interstate while
restricted to intrastate driving.
Issued on: August 9, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–17597 Filed 8–14–18; 8:45 am]
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–
2009–0121; 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.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 86
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirement in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
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SUMMARY:
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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:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9 a.m. and
5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On June 18, 2018, FMCSA published
a notice announcing its decision to
renew exemptions for 86 individuals
from the vision requirement in 49 CFR
391.41(b)(10) to operate a CMV in
interstate commerce and requested
comments from the public (83 FR
28307). The public comment period
ended on July 18, 2018, and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of a least
20/40 (Snellen) in both eyes with or
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing red, green, and amber.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based upon its evaluation of the 86
renewal exemption applications and
comments received, FMCSA confirms
its’ decision to exempt the following
drivers from the vision requirement in
49 CFR 391.41 (b)(10):
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of September and are
discussed below:
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)
Dennis C. Edler (PA)
Steven G. Garrett (CA)
Eric M. Grayson (KY)
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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
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 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
requirement in the FMCSRs for
interstate CMV drivers (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
requirement in the FMCSRs for
interstate CMV drivers (63 FR 66226; 64
FR 16517; 66 FR 41656; 68 FR 44837;
70 FR 41811; 72 FR 39879; 72 FR 40362;
72 FR 52419; 74 FR 41971; 76 FR 54530;
78 FR 78477; 80 FR 48402):
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–1998–4334; FMCSA–
2007–27897. 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
requirement in the FMCSRs for
interstate CMV drivers (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
requirement in the FMCSRs for
interstate CMV drivers (68 FR 19598; 68
FR 33570; 70 FR 17504; 70 FR 25878;
70 FR 30997; 72 FR 28093; 72 FR 40362;
74 FR 20523; 74 FR 34394; 74 FR 37295;
74 FR 48343; 76 FR 34136; 76 FR 53708;
76 FR 54530; 76 FR 55463; 78 FR 78477;
80 FR 49302):
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–
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Frm 00137
Fmt 4703
Sfmt 4703
40635
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
requirement in the FMCSRs for
interstate CMV drivers (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
requirement in the FMCSRs for
interstate CMV drivers (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–2007–28695;
FMCSA–2011–0141. Their exemptions
are applicable as of September 27, 2017,
and will expire on September 27, 2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
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40636
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–17602 Filed 8–14–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0091]
Agency Information Collection
Activities; Renewal of Existing
Information Collection Request:
Commercial Motor Vehicle Marking
Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval. This ICR will
enable FMCSA to document the burden
associated with the marking regulations
in ‘‘Marking of Self-Propelled CMVs and
Intermodal Equipment.’’ These
regulations require marking of vehicles
and intermodal equipment by motor
carriers and intermodal equipment
providers (IEPs) engaging in interstate
transportation. The FMCSA requests
approval to renew an ICR titled,
‘‘Commercial Motor Vehicle Marking
Requirements.’’
SUMMARY:
Please send your comments by
September 14, 2018. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2018–0091. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
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DATES:
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Crystal Frederick, Transportation
Specialist, Compliance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001. Telephone: 202–366–2904;
Email Address: crystal.frederick@
dot.gov. Office hours are from 9 a.m. to
5 p.m., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Motor Vehicle
Marking Requirements
OMB Control Number: 2126–0054.
Type of Request: Renewal of a
currently approved collection.
Respondents: Freight carrying
commercial motor carriers, passenger
carrying commercial motor carriers and
intermodal equipment providers.
Estimated Number of Respondents:
218,389 motor carriers and IEPs.
Estimated Time per Response: 26
minutes [12 minutes to affix DOT
Number + 14 minutes for affixing a
carrier’s name = 26].
Expiration Date: August 31, 2018.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
774,249 hours spent by motor carriers
and IEPs marking CMVs with a DOT
number and carrier information.
Background: The Secretary of
Transportation (Secretary) is authorized
to require marking of vehicles and
intermodal equipment by motor carriers
and intermodal equipment providers
(IEPs) engaging in interstate
transportation based on the authority of
49 U.S.C. 31133(a)(8) and 31133(a)(10).
The Secretary has delegated authority
pertaining to the marking of commercial
motor vehicles (CMVs) pursuant to 49
CFR 1.87(f). The Agency’s regulation
governing the marking of CMVs is
codified at 49 CFR 390.21.
Vehicle marking requirements are
intended to ensure that FMCSA, the
National Transportation Safety Board
(NTSB), and State safety officials are
able to identify motor carriers and
correctly assign responsibility for
regulatory violations during inspections,
investigations, compliance reviews, and
crash studies. These marking
requirements will also provide the
public with beneficial information that
could assist in identifying carriers for
the purposes of commerce, complaints
or emergency notification. The marking
requirements apply to motor carriers
and intermodal equipment providers
(IEPs) engaging in interstate
transportation. The Agency does not
require a specific method of marking as
long as the marking complies with
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Fmt 4703
Sfmt 4703
FMCSA’s regulations. The program
change decrease of 76,751 estimated
annual burden hours (774,249 proposed
estimated annual burden hours–851,000
approved estimated annual burden
hours) is due to adjustments in
respondent and response estimates.
Data, as of September 29, 2017, pulled
from FMCSA’s MCMIS and SMS
databases indicated that there was a
decrease in the number of active
interstate freight carriers and intrastate
hazardous materials carriers and a
decrease in the number of power units
subject to Component 1 marking
requirements, resulting in a decrease of
94,799 burden hours. According to the
September 29, 2017 snapshot, there was
a decrease in the number of passenger
carriers impacted and an increase in the
number of passenger-carrying power
units impacted by Component 2,
resulting in an increase of 17,947
burden hours. Finally, greater precision
was used in calculating the number of
respondents, responses associated with
Component 3, resulting in an increase of
101 burden hours.
Two comments were submitted to the
docket during the 60-day comment
period, in response to the 60-day
Federal Register, 83(17885), published
on April 24, 2018. One comment was
received from Greyhound Lines, Inc.
(Greyhound) and the other from OwnerOperator Independent Drivers
Association (OOIDA). Greyhound’s
comment, however, addresses another
ICR open during the same time period,
‘‘Leasing and Interchange of Vehicles,’’
and not the Markings ICR. The comment
submitted by Greyhound will thus be
addressed in the Leasing ICR response.
The other comment submitted by
OOIDA raised two points. The first issue
raised deals with the phrasing of the
associated regulation, part 390. OOIDA
asserts that current wording of the part
does not permit certain leasing
situations. FMCSA notes that an ICR is
not the venue for regulatory change,
even if the regulation is related to the
subject matter covered in the ICR. The
second claim made by OOIDA is that
the aforementioned regulation does
nothing to improve safety. As we stated
in the 2015 final rule the marking
requirement enables ‘‘investigators and
the general public to identify the
passenger carrier responsible for safety’’
(80 FR 30164, 30166). Given these
considerations FMCSA does not believe
changes to the ICR are appropriate based
on these comments.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA to perform its
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Agencies
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40634-40636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17602]
-----------------------------------------------------------------------
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-2009-0121; 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 final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 86
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirement in one eye.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, 202-366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
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. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
II. Background
On June 18, 2018, FMCSA published a notice announcing its decision
to renew exemptions for 86 individuals from the vision requirement in
49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and
requested comments from the public (83 FR 28307). The public comment
period ended on July 18, 2018, and no comments were received.
As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
III. Discussion of Comments
FMCSA received no comments in this preceding.
IV. Conclusion
Based upon its evaluation of the 86 renewal exemption applications
and comments received, FMCSA confirms its' decision to exempt the
following drivers from the vision requirement in 49 CFR 391.41 (b)(10):
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of September
and are discussed below:
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)
Dennis C. Edler (PA)
Steven G. Garrett (CA)
Eric M. Grayson (KY)
[[Page 40635]]
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 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 requirement in
the FMCSRs for interstate CMV drivers (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 requirement in
the FMCSRs for interstate CMV drivers (63 FR 66226; 64 FR 16517; 66 FR
41656; 68 FR 44837; 70 FR 41811; 72 FR 39879; 72 FR 40362; 72 FR 52419;
74 FR 41971; 76 FR 54530; 78 FR 78477; 80 FR 48402):
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-1998-4334; FMCSA-
2007-27897. 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 requirement in
the FMCSRs for interstate CMV drivers (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 requirement in
the FMCSRs for interstate CMV drivers (68 FR 19598; 68 FR 33570; 70 FR
17504; 70 FR 25878; 70 FR 30997; 72 FR 28093; 72 FR 40362; 74 FR 20523;
74 FR 34394; 74 FR 37295; 74 FR 48343; 76 FR 34136; 76 FR 53708; 76 FR
54530; 76 FR 55463; 78 FR 78477; 80 FR 49302):
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 requirement in
the FMCSRs for interstate CMV drivers (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 requirement in
the FMCSRs for interstate CMV drivers (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-2007-28695;
FMCSA-2011-0141. Their exemptions are applicable as of September 27,
2017, and will expire on September 27, 2019.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.
[[Page 40636]]
Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17602 Filed 8-14-18; 8:45 am]
BILLING CODE 4910-EX-P