Qualification of Drivers; Exemption Applications; Vision, 56143-56146 [2018-24552]
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Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
convictions for moving violations in a
CMV.
IV. 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 and material received before
the close of business on the closing date
indicated in the dates section of the
notice.
Issued on: November 1, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–24556 Filed 11–8–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
2000–7165; FMCSA–2000–7363; FMCSA–
2002–12294; FMCSA–2004–18885; FMCSA–
2008–0174; FMCSA–2008–0231; FMCSA–
2008–0266; FMCSA–2008–0292; FMCSA–
2010–0082; FMCSA–2010–0114; FMCSA–
2010–0161; FMCSA–2010–0187; FMCSA–
2011–0276; FMCSA–2012–0160; FMCSA–
2012–0214; FMCSA–2012–0279; FMCSA–
2012–0280; FMCSA–2013–0169; FMCSA–
2013–0174; FMCSA–2014–0003; FMCSA–
2014–0007; FMCSA–2014–0011; FMCSA–
2014–0296; FMCSA–2014–0298; FMCSA–
2015–0344; FMCSA–2016–0025; FMCSA–
2016–0027; FMCSA–2016–0031; FMCSA–
2016–0033; FMCSA–2016–0207; FMCSA–
2016–0208; FMCSA–2016–0210; FMCSA–
2016–0212]
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 67
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 December 10,
2018.
ADDRESSES: You may submit comments
identified by the Federal Docket
khammond on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
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Management System (FDMS) Docket No.
FMCSA–1998–4334; FMCSA–2000–
7165; FMCSA–2000–7363; FMCSA–
2002–12294; FMCSA–2004–18885;
FMCSA–2008–0174; FMCSA–2008–
0231; FMCSA–2008–0266; FMCSA–
2008–0292; FMCSA–2010–0082;
FMCSA–2010–0114; FMCSA–2010–
0161; FMCSA–2010–0187; FMCSA–
2011–0276; FMCSA–2012–0160;
FMCSA–2012–0214; FMCSA–2012–
0279; FMCSA–2012–0280; FMCSA–
2013–0169; FMCSA–2013–0174;
FMCSA–2014–0003; FMCSA–2014–
0007; FMCSA–2014–0011; FMCSA–
2014–0296; FMCSA–2014–0298;
FMCSA–2015–0344; FMCSA–2016–
0025; FMCSA–2016–0027; FMCSA–
2016–0031; FMCSA–2016–0033;
FMCSA–2016–0207; FMCSA–2016–
0208; FMCSA–2016–0210; FMCSA–
2016–0212 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., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
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., ET,
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. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–1998–4334;
FMCSA–2000–7165; FMCSA–2000–
7363; FMCSA–2002–12294; FMCSA–
2004–18885; FMCSA–2008–0174;
FMCSA–2008–0231; FMCSA–2008–
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56143
0266; FMCSA–2008–0292; FMCSA–
2010–0082; FMCSA–2010–0114;
FMCSA–2010–0161; FMCSA–2010–
0187; FMCSA–2011–0276; FMCSA–
2012–0160; FMCSA–2012–0214;
FMCSA–2012–0279; FMCSA–2012–
0280; FMCSA–2013–0169; FMCSA–
2013–0174; FMCSA–2014–0003;
FMCSA–2014–0007; FMCSA–2014–
0011; FMCSA–2014–0296; FMCSA–
2014–0298; FMCSA–2015–0344;
FMCSA–2016–0025; FMCSA–2016–
0027; FMCSA–2016–0031; FMCSA–
2016–0033; FMCSA–2016–0207;
FMCSA–2016–0208; FMCSA–2016–
0210; FMCSA–2016–0212), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. 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, put the
docket number, FMCSA–1998–4334;
FMCSA–2000–7165; FMCSA–2000–
7363; FMCSA–2002–12294; FMCSA–
2004–18885; FMCSA–2008–0174;
FMCSA–2008–0231; FMCSA–2008–
0266; FMCSA–2008–0292; FMCSA–
2010–0082; FMCSA–2010–0114;
FMCSA–2010–0161; FMCSA–2010–
0187; FMCSA–2011–0276; FMCSA–
2012–0160; FMCSA–2012–0214;
FMCSA–2012–0279; FMCSA–2012–
0280; FMCSA–2013–0169; FMCSA–
2013–0174; FMCSA–2014–0003;
FMCSA–2014–0007; FMCSA–2014–
0011; FMCSA–2014–0296; FMCSA–
2014–0298; FMCSA–2015–0344;
FMCSA–2016–0025; FMCSA–2016–
0027; FMCSA–2016–0031; FMCSA–
2016–0033; FMCSA–2016–0207;
FMCSA–2016–0208; FMCSA–2016–
0210; FMCSA–2016–0212, in the
keyword box, and click ‘‘Search.’’ When
the new screen appears, click on the
‘‘Comment Now!’’ button and type your
comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
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, self-addressed
postcard or envelope.
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Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–1998–4334;
FMCSA–2000–7165; FMCSA–2000–
7363; FMCSA–2002–12294; FMCSA–
2004–18885; FMCSA–2008–0174;
FMCSA–2008–0231; FMCSA–2008–
0266; FMCSA–2008–0292; FMCSA–
2010–0082; FMCSA–2010–0114;
FMCSA–2010–0161; FMCSA–2010–
0187; FMCSA–2011–0276; FMCSA–
2012–0160; FMCSA–2012–0214;
FMCSA–2012–0279; FMCSA–2012–
0280; FMCSA–2013–0169; FMCSA–
2013–0174; FMCSA–2014–0003;
FMCSA–2014–0007; FMCSA–2014–
0011; FMCSA–2014–0296; FMCSA–
2014–0298; FMCSA–2015–0344;
FMCSA–2016–0025; FMCSA–2016–
0027; FMCSA–2016–0031; FMCSA–
2016–0033; FMCSA–2016–0207;
FMCSA–2016–0208; FMCSA–2016–
0210; FMCSA–2016–0212, in the
keyword box, and click ‘‘Search.’’ Next,
click the ‘‘Open Docket Folder’’ button
and choose the document to review. If
you do not have access to the internet,
you may view the docket online by
visiting the Docket Management Facility
in Room W12–140 on the ground floor
of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays.
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C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for five
years if it finds that 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.
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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° 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 67 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.
III. 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.
IV. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than five years from its approval date
and may be renewed upon application.
FMCSA grants exemptions from the
vision standard for a two-year period to
align with the maximum duration of a
driver’s medical certification. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 67 applicants has
satisfied the renewal conditions for
obtaining an exemption from the vision
standard (see 63 FR 66227; 64 FR 16520;
65 FR 33406; 65 FR 45817; 65 FR 57234;
65 FR 77066; 67 FR 46016; 67 FR 57266;
67 FR 57627; 67 FR 71610; 69 FR 51346;
69 FR 52741; 69 FR 53493; 69 FR 62742;
69 FR 64810; 71 FR 50970; 71 FR 53489;
71 FR 62148; 71 FR 66217; 73 FR 38497;
73 FR 46973; 73 FR 48273; 73 FR 51336;
73 FR 51689; 73 FR 54888; 73 FR 61922;
73 FR 61925; 73 FR 63047; 73 FR 74565;
73 FR 75807; 75 FR 25918; 75 FR 34209;
75 FR 39725; 75 FR 39729; 75 FR 44051;
75 FR 47883; 75 FR 47886; 75 FR 52062;
75 FR 52063; 75 FR 61833; 75 FR 63257;
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75 FR 64396; 75 FR 77949; 76 FR 67248;
76 FR 79761; 77 FR 36338; 77 FR 38381;
77 FR 46153; 77 FR 46793; 77 FR 51846;
77 FR 52388; 77 FR 52389; 77 FR 56262;
77 FR 59245; 77 FR 60008; 77 FR 60010;
77 FR 64582; 77 FR 64839; 77 FR 68202;
77 FR 71671; 77 FR 75494; 78 FR 64274;
78 FR 76705; 78 FR 77778; 79 FR 1908;
79 FR 14333; 79 FR 14571; 79 FR 28588;
79 FR 35220; 79 FR 38659; 79 FR 41740;
79 FR 46153; 79 FR 46300; 79 FR 52388;
79 FR 53514; 79 FR 56099; 79 FR 56104;
79 FR 58856; 79 FR 65759; 79 FR 65760;
79 FR 69985; 79 FR 70928; 79 FR 72754;
79 FR 73393; 80 FR 8927; 80 FR 76345;
81 FR 21647; 81 FR 26305; 81 FR 52514;
81 FR 59266; 81 FR 66724; 81 FR 68098;
81 FR 70248; 81 FR 70253; 81 FR 71173;
81 FR 72664; 81 FR 74494; 81 FR 80161;
81 FR 81230; 81 FR 86063; 81 FR 90046;
81 FR 90050; 81 FR 94013; 81 FR 96180;
81 FR 96191; 82 FR 12683). They have
submitted evidence showing that the
vision in the better eye continues to
meet the requirement specified at 49
CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a
review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption
requirements. These factors provide an
adequate basis for predicting each
driver’s ability to continue to drive
safely in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each
renewal applicant for a period of two
years is likely to achieve a level of safety
equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of December and are
discussed below. As of December 3,
2018, and in accordance with 49 U.S.C.
31136(e) and 31315, the following 38
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (63
FR 66227; 64 FR 16520; 65 FR 33406;
65 FR 57234; 67 FR 46016; 67 FR 57266;
67 FR 57627; 69 FR 51346; 69 FR 52741;
71 FR 50970; 71 FR 53489; 73 FR 38497;
73 FR 46973; 73 FR 48273; 73 FR 51336;
73 FR 51689; 73 FR 54888; 73 FR 63047;
73 FR 75807; 75 FR 25918; 75 FR 34209;
75 FR 39725; 75 FR 39729; 75 FR 44051;
75 FR 47883; 75 FR 47886; 75 FR 52062;
75 FR 52063; 75 FR 61833; 75 FR 63257;
75 FR 64396; 76 FR 67248; 76 FR 79761;
77 FR 36338; 77 FR 38381; 77 FR 46153;
77 FR 46793; 77 FR 51846; 77 FR 52388;
77 FR 52389; 77 FR 56262; 77 FR 59245;
77 FR 60008; 77 FR 60010; 77 FR 64582;
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77 FR 71671; 78 FR 64274; 78 FR 76705;
78 FR 77778; 79 FR 1908; 79 FR 14333;
79 FR 14571; 79 FR 28588; 79 FR 35220;
79 FR 38659; 79 FR 41740; 79 FR 46153;
79 FR 46300; 79 FR 52388; 79 FR 53514;
79 FR 56099; 79 FR 56104; 79 FR 58856;
79 FR 65760; 79 FR 70928; 79 FR 72754;
80 FR 76345; 81 FR 21647; 81 FR 26305;
81 FR 52514; 81 FR 59266; 81 FR 66724;
81 FR 68098; 81 FR 70248; 81 FR 70253;
81 FR 71173; 81 FR 72664; 81 FR 74494;
81 FR 80161; 81 FR 81230; 81 FR 90046;
81 FR 90050; 81 FR 94013; 81 FR 96180;
81 FR 96191):
Gary R. Andersen (NE)
Theodore N. Belcher (VA)
Daniel S. Billig (MN)
Thomas A. Black (MO)
Robert S. Bowen (GA)
Brian E. Broux (CA)
John M. Brown (KY)
Tracy L. Butcher (VA)
Jonathan E. Carriaga (NM)
Irvin L. Eaddy (SC)
Terry J. Edwards (MO)
Stephen R. Ehlenburg (IL)
Frank J. Faria (CA)
Christopher K. Foot (NV)
Claudia E. Gerez-Betancourt (TX)
Billy R. Gibbs (MD)
Samuel R. Graziano (PA)
Tyrane Harper (AL)
Christopher M. Keen (KS)
Theodore Kirby (MD)
Johnny Montemayor (TX)
Derrick P. Moore (MN)
Richard L. Moores (CO)
Aaron F. Naylor (PA)
Billy R. Oguynn (AL)
Ronald W. Patten (ME)
Benny D. Patterson (OH)
Alexander L. Resh (PA)
David T. Rueckert (WA)
Benito Saldana (TX)
Daniel Salinas (OR)
Kenneth D. Sisk (NC)
Sherman L. Taylor (FL)
Richard T. Traigle (LA)
Melvin V. Van Meter (PA)
Emejildo M. Vargas (NH)
Christopher M. Vincent (NC)
Wilbert Walden (NC)
The drivers were included in docket
numbers FMCSA–1998–4334; FMCSA–
2000–7165; FMCSA–2002–12294;
FMCSA–2008–0174; FMCSA–2008–
0231; FMCSA–2008–0266; FMCSA–
2010–0082; FMCSA–2010–0114;
FMCSA–2010–0161; FMCSA–2010–
0187; FMCSA–2011–0276; FMCSA–
2012–0160; FMCSA–2012–0214;
FMCSA–2012–0279; FMCSA–2013–
0169; FMCSA–2013–0174; FMCSA–
2014–0003; FMCSA–2014–0007;
FMCSA–2014–0011; FMCSA–2014–
0296; FMCSA–2015–0344; FMCSA–
2016–0025; FMCSA–2016–0027;
FMCSA–2016–0031; FMCSA–2016–
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0033; FMCSA–2016–0207; FMCSA–
2016–0208; FMCSA–2016–0210. Their
exemptions are applicable as of
December 3, 2018, and will expire on
December 3, 2020.
As of December 8, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following seven individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (65 FR 45817; 65
FR 77066; 67 FR 71610; 69 FR 53493;
69 FR 62742; 69 FR 64810; 71 FR 62148;
71 FR 66217; 73 FR 61922; 73 FR 61925;
73 FR 74565; 75 FR 77949; 77 FR 68202;
79 FR 65759; 81 FR 96180):
Ronald W. Garner (WA)
Wayne R. Mantela (KY)
Carl M. McIntire (OH)
Bernice R. Parnell (NC)
Patrick W. Shea (MA)
Roy F. Varnado, Jr. (LA)
Michael J. Welle (MN)
The drivers were included in docket
numbers FMCSA–2000–7363; FMCSA–
2004–18885; FMCSA–2008–0292. Their
exemptions are applicable as of
December 8, 2018, and will expire on
December 8, 2020.
As of December 20, 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 (77 FR 64839; 77
FR 75494; 79 FR 73393; 81 FR 96180):
Ronald J. Bergman (OH)
Noah E. Bowen (OH)
Lawrence D. Malecha (MN)
Jerry M. Puckett (OH)
Emin Toric (GA)
The drivers were included in docket
number FMCSA–2012–0280. Their
exemptions are applicable as of
December 20, 2018, and will expire on
December 20, 2020.
As of December 25, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following seven individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (79 FR 69985; 80
FR 8927; 81 FR 96180):
Thurman T. Clayton (LA)
Tig G. Cornell (ID)
Jon R. Davidson (CO)
Edwin T. Donaldson (PA)
Keith C. Lendt (MN)
Joseph McTear (TX)
Daniel R. Thompson (PA)
The drivers were included in docket
number FMCSA–2014–0298. Their
exemptions are applicable as of
December 25, 2018, and will expire on
December 25, 2020.
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56145
As of December 30, 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 86063; 82
FR 96180):
Brian T. Castoldi (CT)
Willie George (NY)
David E. Goff (MA)
Michal Golebiowski (IL)
Loyd F. Hovey (NY)
George T. Huffman (IL)
Julio Rivera (FL)
Willie J. Smith (TX)
John D. Stork (IL)
James R. Wagner (IL)
The drivers were included in docket
number FMCSA–2016–0212. Their
exemptions are applicable as of
December 30, 2018, and will expire on
December 30, 2020.
V. 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.
VI. 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.
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VI. Conclusion
Based upon its evaluation of the 67
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: November 1, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–24552 Filed 11–8–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2018–0164]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
MONEY CAT; Invitation for Public
Comments
Maritime Administration, DOT.
ACTION: Notice.
AGENCY:
The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirements of the coastwise
trade laws to allow the carriage of no
more than twelve passengers for hire on
vessels, which are three years old or
more. A request for such a waiver has
been received by MARAD. The vessel,
and a brief description of the proposed
service, is listed below.
DATES: Submit comments on or before
December 10, 2018.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2018–0164 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Search
MARAD–2018–0164 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2018–0164,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
Note: If you mail or hand-deliver your
comments, we recommend that you
include your name and a mailing
address, an email address, or a
khammond on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:36 Nov 08, 2018
Jkt 247001
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
Instructions: All submissions received
must include the agency name and
specific docket number. All comments
received will be posted without change
to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT:
Bianca Carr, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–453,
Washington, DC 20590. Telephone 202–
366–9309, Email Bianca.carr@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel MONEY CAT is:
—Intended Commercial Use of Vessel:
Private Vessel Charters, Passengers
Only. Crewed private Passenger
private charter for domestic coastline
travel. Vessel will also be used
commercially for television
commercials and/or movies. 50% of
the time, the vessel does not leave the
slip, is used for background shots
—Geographic Region Including Base of
Operations: ‘‘California, Washington,
Oregon, and Alaska (excluding waters
in Southeast Alaska)’’ (Base of
Operations: San Pedro, CA)
—Vessel Length and Type: 84′ Motor
vessel with flybridge
The complete application is available
for review identified in the DOT docket
as MARAD–2018–0164 at https://
www.regulations.gov. Interested parties
may comment on the effect this action
may have on U.S. vessel builders or
businesses in the U.S. that use U.S.-flag
vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the vessel name, state the
commenter’s interest in the waiver
application, and address the waiver
criteria given in section 388.4 of
MARAD’s regulations at 46 CFR part
388.
Public Participation
How do I submit comments?
Please submit your comments,
including the attachments, following the
instructions provided under the above
heading entitled ADDRESSES. Be advised
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
that it may take a few hours or even
days for your comment to be reflected
on the docket. In addition, your
comments must be written in English.
We encourage you to provide concise
comments and you may attach
additional documents as necessary.
There is no limit on the length of the
attachments.
Where do I go to read public comments,
and find supporting information?
Go to the docket online at https://
www.regulations.gov, keyword search
MARAD–2018–0164 or visit the Docket
Management Facility (see ADDRESSES for
hours of operation). We recommend that
you periodically check the Docket for
new submissions and supporting
material.
Will my comments be made available to
the public?
Yes. Be aware that your entire
comment, including your personal
identifying information, will be made
publicly available.
May I submit comments confidentially?
If you wish to submit comments
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Department
of Transportation, Maritime
Administration, Office of Legislation
and Regulations, MAR–225, W24–220,
1200 New Jersey Avenue SE,
Washington, DC 20590. Include a cover
letter setting forth with specificity the
basis for any such claim and, if possible,
a summary of your submission that can
be made available to the public.
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, to www.regulations.gov, as
described in the system of records
notice, DOT/ALL–14 FDMS, accessible
through www.dot.gov/privacy. To
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
46 U.S.C. 12121)
* * *
E:\FR\FM\09NON1.SGM
09NON1
Agencies
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56143-56146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24552]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-
2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-
2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-
2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-0160; FMCSA-
2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0169; FMCSA-
2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-0011; FMCSA-
2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-0025; FMCSA-
2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-0207; FMCSA-
2016-0208; FMCSA-2016-0210; FMCSA-2016-0212]
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 67
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 December
10, 2018.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-2000-7165;
FMCSA-2000-7363; FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174;
FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082;
FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276;
FMCSA-2012-0160; FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280;
FMCSA-2013-0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007;
FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344;
FMCSA-2016-0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033;
FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212
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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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.,
ET, 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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-7363;
FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-0231;
FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-0114;
FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-0160;
FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0169;
FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-0011;
FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-0025;
FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-0207;
FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. 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,
put the docket number, FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-
0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-
0160; FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-
0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-
0011; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-
0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-
0207; FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212, in the keyword
box, and click ``Search.'' When the new screen appears, click on the
``Comment Now!'' button and type your comment into the text box on the
following screen. Choose whether you are submitting your comment as an
individual or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ 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,
self-addressed postcard or envelope.
[[Page 56144]]
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov.
Insert the docket number, FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2002-12294; FMCSA-2004-18885; FMCSA-2008-0174; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2010-0082; FMCSA-2010-
0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2011-0276; FMCSA-2012-
0160; FMCSA-2012-0214; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-
0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-
0011; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2015-0344; FMCSA-2016-
0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-
0207; FMCSA-2016-0208; FMCSA-2016-0210; FMCSA-2016-0212, in the keyword
box, and click ``Search.'' Next, click the ``Open Docket Folder''
button and choose the document to review. If you do not have access to
the internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds that 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 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.
The 67 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.
III. 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.
IV. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 67 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 63 FR 66227; 64 FR
16520; 65 FR 33406; 65 FR 45817; 65 FR 57234; 65 FR 77066; 67 FR 46016;
67 FR 57266; 67 FR 57627; 67 FR 71610; 69 FR 51346; 69 FR 52741; 69 FR
53493; 69 FR 62742; 69 FR 64810; 71 FR 50970; 71 FR 53489; 71 FR 62148;
71 FR 66217; 73 FR 38497; 73 FR 46973; 73 FR 48273; 73 FR 51336; 73 FR
51689; 73 FR 54888; 73 FR 61922; 73 FR 61925; 73 FR 63047; 73 FR 74565;
73 FR 75807; 75 FR 25918; 75 FR 34209; 75 FR 39725; 75 FR 39729; 75 FR
44051; 75 FR 47883; 75 FR 47886; 75 FR 52062; 75 FR 52063; 75 FR 61833;
75 FR 63257; 75 FR 64396; 75 FR 77949; 76 FR 67248; 76 FR 79761; 77 FR
36338; 77 FR 38381; 77 FR 46153; 77 FR 46793; 77 FR 51846; 77 FR 52388;
77 FR 52389; 77 FR 56262; 77 FR 59245; 77 FR 60008; 77 FR 60010; 77 FR
64582; 77 FR 64839; 77 FR 68202; 77 FR 71671; 77 FR 75494; 78 FR 64274;
78 FR 76705; 78 FR 77778; 79 FR 1908; 79 FR 14333; 79 FR 14571; 79 FR
28588; 79 FR 35220; 79 FR 38659; 79 FR 41740; 79 FR 46153; 79 FR 46300;
79 FR 52388; 79 FR 53514; 79 FR 56099; 79 FR 56104; 79 FR 58856; 79 FR
65759; 79 FR 65760; 79 FR 69985; 79 FR 70928; 79 FR 72754; 79 FR 73393;
80 FR 8927; 80 FR 76345; 81 FR 21647; 81 FR 26305; 81 FR 52514; 81 FR
59266; 81 FR 66724; 81 FR 68098; 81 FR 70248; 81 FR 70253; 81 FR 71173;
81 FR 72664; 81 FR 74494; 81 FR 80161; 81 FR 81230; 81 FR 86063; 81 FR
90046; 81 FR 90050; 81 FR 94013; 81 FR 96180; 81 FR 96191; 82 FR
12683). They have submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of December
and are discussed below. As of December 3, 2018, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 38 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (63 FR
66227; 64 FR 16520; 65 FR 33406; 65 FR 57234; 67 FR 46016; 67 FR 57266;
67 FR 57627; 69 FR 51346; 69 FR 52741; 71 FR 50970; 71 FR 53489; 73 FR
38497; 73 FR 46973; 73 FR 48273; 73 FR 51336; 73 FR 51689; 73 FR 54888;
73 FR 63047; 73 FR 75807; 75 FR 25918; 75 FR 34209; 75 FR 39725; 75 FR
39729; 75 FR 44051; 75 FR 47883; 75 FR 47886; 75 FR 52062; 75 FR 52063;
75 FR 61833; 75 FR 63257; 75 FR 64396; 76 FR 67248; 76 FR 79761; 77 FR
36338; 77 FR 38381; 77 FR 46153; 77 FR 46793; 77 FR 51846; 77 FR 52388;
77 FR 52389; 77 FR 56262; 77 FR 59245; 77 FR 60008; 77 FR 60010; 77 FR
64582;
[[Page 56145]]
77 FR 71671; 78 FR 64274; 78 FR 76705; 78 FR 77778; 79 FR 1908; 79 FR
14333; 79 FR 14571; 79 FR 28588; 79 FR 35220; 79 FR 38659; 79 FR 41740;
79 FR 46153; 79 FR 46300; 79 FR 52388; 79 FR 53514; 79 FR 56099; 79 FR
56104; 79 FR 58856; 79 FR 65760; 79 FR 70928; 79 FR 72754; 80 FR 76345;
81 FR 21647; 81 FR 26305; 81 FR 52514; 81 FR 59266; 81 FR 66724; 81 FR
68098; 81 FR 70248; 81 FR 70253; 81 FR 71173; 81 FR 72664; 81 FR 74494;
81 FR 80161; 81 FR 81230; 81 FR 90046; 81 FR 90050; 81 FR 94013; 81 FR
96180; 81 FR 96191):
Gary R. Andersen (NE)
Theodore N. Belcher (VA)
Daniel S. Billig (MN)
Thomas A. Black (MO)
Robert S. Bowen (GA)
Brian E. Broux (CA)
John M. Brown (KY)
Tracy L. Butcher (VA)
Jonathan E. Carriaga (NM)
Irvin L. Eaddy (SC)
Terry J. Edwards (MO)
Stephen R. Ehlenburg (IL)
Frank J. Faria (CA)
Christopher K. Foot (NV)
Claudia E. Gerez-Betancourt (TX)
Billy R. Gibbs (MD)
Samuel R. Graziano (PA)
Tyrane Harper (AL)
Christopher M. Keen (KS)
Theodore Kirby (MD)
Johnny Montemayor (TX)
Derrick P. Moore (MN)
Richard L. Moores (CO)
Aaron F. Naylor (PA)
Billy R. Oguynn (AL)
Ronald W. Patten (ME)
Benny D. Patterson (OH)
Alexander L. Resh (PA)
David T. Rueckert (WA)
Benito Saldana (TX)
Daniel Salinas (OR)
Kenneth D. Sisk (NC)
Sherman L. Taylor (FL)
Richard T. Traigle (LA)
Melvin V. Van Meter (PA)
Emejildo M. Vargas (NH)
Christopher M. Vincent (NC)
Wilbert Walden (NC)
The drivers were included in docket numbers FMCSA-1998-4334; FMCSA-
2000-7165; FMCSA-2002-12294; FMCSA-2008-0174; FMCSA-2008-0231; FMCSA-
2008-0266; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-
2010-0187; FMCSA-2011-0276; FMCSA-2012-0160; FMCSA-2012-0214; FMCSA-
2012-0279; FMCSA-2013-0169; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-
2014-0007; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2015-0344; FMCSA-
2016-0025; FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-
2016-0207; FMCSA-2016-0208; FMCSA-2016-0210. Their exemptions are
applicable as of December 3, 2018, and will expire on December 3, 2020.
As of December 8, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 45817; 65 FR 77066; 67 FR
71610; 69 FR 53493; 69 FR 62742; 69 FR 64810; 71 FR 62148; 71 FR 66217;
73 FR 61922; 73 FR 61925; 73 FR 74565; 75 FR 77949; 77 FR 68202; 79 FR
65759; 81 FR 96180):
Ronald W. Garner (WA)
Wayne R. Mantela (KY)
Carl M. McIntire (OH)
Bernice R. Parnell (NC)
Patrick W. Shea (MA)
Roy F. Varnado, Jr. (LA)
Michael J. Welle (MN)
The drivers were included in docket numbers FMCSA-2000-7363; FMCSA-
2004-18885; FMCSA-2008-0292. Their exemptions are applicable as of
December 8, 2018, and will expire on December 8, 2020.
As of December 20, 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 (77 FR 64839; 77 FR 75494; 79 FR
73393; 81 FR 96180):
Ronald J. Bergman (OH)
Noah E. Bowen (OH)
Lawrence D. Malecha (MN)
Jerry M. Puckett (OH)
Emin Toric (GA)
The drivers were included in docket number FMCSA-2012-0280. Their
exemptions are applicable as of December 20, 2018, and will expire on
December 20, 2020.
As of December 25, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 69985; 80 FR 8927; 81 FR
96180):
Thurman T. Clayton (LA)
Tig G. Cornell (ID)
Jon R. Davidson (CO)
Edwin T. Donaldson (PA)
Keith C. Lendt (MN)
Joseph McTear (TX)
Daniel R. Thompson (PA)
The drivers were included in docket number FMCSA-2014-0298. Their
exemptions are applicable as of December 25, 2018, and will expire on
December 25, 2020.
As of December 30, 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 86063; 82 FR 96180):
Brian T. Castoldi (CT)
Willie George (NY)
David E. Goff (MA)
Michal Golebiowski (IL)
Loyd F. Hovey (NY)
George T. Huffman (IL)
Julio Rivera (FL)
Willie J. Smith (TX)
John D. Stork (IL)
James R. Wagner (IL)
The drivers were included in docket number FMCSA-2016-0212. Their
exemptions are applicable as of December 30, 2018, and will expire on
December 30, 2020.
V. 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.
VI. 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.
[[Page 56146]]
VI. Conclusion
Based upon its evaluation of the 67 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: November 1, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24552 Filed 11-8-18; 8:45 am]
BILLING CODE 4910-EX-P