Qualification of Drivers; Exemption Applications; Vision, 63649-63652 [2020-22311]
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Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number. For detailed instructions on
submitting comments, see the Public
Participation heading below. 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.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
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.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Secrist, Office of Registration and
Safety Information, Chief, Registration,
Licensing and Insurance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–385–2367;
email: jeff.secrist@dot.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimum levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage, and
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environmental restoration, and (2) forhire motor carriers of passengers to
cover public liability and property
damage. The Endorsement for Motor
Carrier Policies of Insurance for Public
Liability (Forms MCS–90/90B) and the
Motor Carrier Public Liability Surety
Bond (Forms MCS–82/82B) contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (49 CFR 387.9 (motor
carriers of property) and 49 CFR
387.33T (motor carriers of passengers)).
FMCSA and the public can verify that
a motor carrier of property or passengers
has obtained, and has in effect, the
required minimum levels of financial
responsibility by reviewing the
information enclosed within these
documents.
Title: Financial Responsibility for
Motor Carrier of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126–0008.
Type of Request: Renewal of a
currently-approved information
collection.
Respondents: Insurance underwriters
for insurance companies and financial
specialists for surety companies of
motor carriers of property (Forms MCS–
90 and MCS–82) and passengers (Forms
MCS–90B and MCS–82B), and motor
carrier compliance officers employed by
motor carriers to store and maintain
insurance and/or surety bond
documentation in motor carrier
vehicles.
Estimated Number of Respondents:
466,328.
Estimated Time per Response:
FMCSA estimates that it takes 2 minutes
to complete the Endorsement for Motor
Carrier Policies of Insurance for Public
Liability (Forms MCS–90 for property
carriers and MCS–90B for passenger
carriers) or the Motor Carrier Public
Liability Surety Bond (Forms MCS–82
for property carriers and MCS–82B for
passenger carriers); 1 minute to store/
maintain documents at the motor
carrier’s principal place of business [49
CFR 387.7(d); 49 CFR 387.31(d)]; and 1
minute per vehicle to place the
respective document on board the
vehicle as required for non U.S.domiciled carriers [49 CFR 387.7(f); 49
CFR 387.31(f)].
Expiration Date: March 31, 2021.
Frequency of Response: Upon
creation, change, or replacement of an
insurance policy or surety bond.
Approximately one time per year.
Estimated Total Annual Burden:
13,214 hours.
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63649
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 performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Thomas Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2020–22312 Filed 10–7–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7165; FMCSA–
2002–12294; FMCSA–2006–23773; FMCSA–
2007–29019; FMCSA–2008–0106; FMCSA–
2008–0231; FMCSA–2010–0082; FMCSA–
2010–0114; FMCSA–2011–0365; FMCSA–
2011–0366; FMCSA–2012–0104; FMCSA–
2012–0160; FMCSA–2012–0161; FMCSA–
2013–0028; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2013–0174; FMCSA–
2014–0003; FMCSA–2014–0004; FMCSA–
2014–0007; FMCSA–2014–0010; FMCSA–
2015–0056; FMCSA–2015–0070; FMCSA–
2015–0347; FMCSA–2016–0025; FMCSA–
2016–0030; FMCSA–2016–0031; FMCSA–
2016–0033; FMCSA–2017–0022; FMCSA–
2017–0026; FMCSA–2018–0007; FMCSA–
2018–0011; FMCSA–2018–0012; FMCSA–
2018–0013; FMCSA–2018–0014]
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 44
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
SUMMARY:
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Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
be received on or before November 9,
2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2000–7165, Docket No.
FMCSA–2002–12294, Docket No.
FMCSA–2006–23773, Docket No.
FMCSA–2007–29019, Docket No.
FMCSA–2008–0106, Docket No.
FMCSA–2008–0231, Docket No.
FMCSA–2010–0082, Docket No.
FMCSA–2010–0114, Docket No.
FMCSA–2011–0365, Docket No.
FMCSA–2011–0366, Docket No.
FMCSA–2012–0104, Docket No.
FMCSA–2012–0160, Docket No.
FMCSA–2012–0161, Docket No.
FMCSA–2013–0028, Docket No.
FMCSA–2013–0169, Docket No.
FMCSA–2013–0170, Docket No.
FMCSA–2013–0174, Docket No.
FMCSA–2014–0003, Docket No.
FMCSA–2014–0004, Docket No.
FMCSA–2014–0007, Docket No.
FMCSA–2014–0010, Docket No.
FMCSA–2015–0056, Docket No.
FMCSA–2015–0070, Docket No.
FMCSA–2015–0347, Docket No.
FMCSA–2016–0025, Docket No.
FMCSA–2016–0030, Docket No.
FMCSA–2016–0031, Docket No.
FMCSA–2016–0033, Docket No.
FMCSA–2017–0022, Docket No.
FMCSA–2017–0026, Docket No.
FMCSA–2018–0007, Docket No.
FMCSA–2018–0011, Docket No.
FMCSA–2018–0012, Docket No.
FMCSA–2018–0013, or Docket No.
FMCSA–2018–0014 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Operations; 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: (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,
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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
Operations, (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–2000–7165;
FMCSA–2002–12294; FMCSA–2006–
23773; FMCSA–2007–29019; FMCSA–
2008–0106; FMCSA–2008–0231;
FMCSA–2010–0082; FMCSA–2010–
0114; FMCSA–2011–0365; FMCSA–
2011–0366; FMCSA–2012–0104;
FMCSA–2012–0160; FMCSA–2012–
0161; FMCSA–2013–0028; FMCSA–
2013–0169; FMCSA–2013–0170;
FMCSA–2013–0174; FMCSA–2014–
0003; FMCSA–2014–0004; FMCSA–
2014–0007; FMCSA–2014–0010;
FMCSA–2015–0056; FMCSA–2015–
0070; FMCSA–2015–0347; FMCSA–
2016–0025; FMCSA–2016–0030;
FMCSA–2016–0031; FMCSA–2016–
0033; FMCSA–2017–0022; FMCSA–
2017–0026; FMCSA–2018–0007;
FMCSA–2018–0011; FMCSA–2018–
0012; FMCSA–2018–0013; FMCSA–
2018–0014), 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–2000–7165;
FMCSA–2002–12294; FMCSA–2006–
23773; FMCSA–2007–29019; FMCSA–
2008–0106; FMCSA–2008–0231;
FMCSA–2010–0082; FMCSA–2010–
0114; FMCSA–2011–0365; FMCSA–
2011–0366; FMCSA–2012–0104;
FMCSA–2012–0160; FMCSA–2012–
0161; FMCSA–2013–0028; FMCSA–
2013–0169; FMCSA–2013–0170;
FMCSA–2013–0174; FMCSA–2014–
0003; FMCSA–2014–0004; FMCSA–
2014–0007; FMCSA–2014–0010;
FMCSA–2015–0056; FMCSA–2015–
0070; FMCSA–2015–0347; FMCSA–
2016–0025; FMCSA–2016–0030;
FMCSA–2016–0031; FMCSA–2016–
0033; FMCSA–2017–0022; FMCSA–
PO 00000
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2017–0026; FMCSA–2018–0007;
FMCSA–2018–0011; FMCSA–2018–
0012; FMCSA–2018–0013; FMCSA–
2018–0014, 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.
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–2000–7165;
FMCSA–2002–12294; FMCSA–2006–
23773; FMCSA–2007–29019; FMCSA–
2008–0106; FMCSA–2008–0231;
FMCSA–2010–0082; FMCSA–2010–
0114; FMCSA–2011–0365; FMCSA–
2011–0366; FMCSA–2012–0104;
FMCSA–2012–0160; FMCSA–2012–
0161; FMCSA–2013–0028; FMCSA–
2013–0169; FMCSA–2013–0170;
FMCSA–2013–0174; FMCSA–2014–
0003; FMCSA–2014–0004; FMCSA–
2014–0007; FMCSA–2014–0010;
FMCSA–2015–0056; FMCSA–2015–
0070; FMCSA–2015–0347; FMCSA–
2016–0025; FMCSA–2016–0030;
FMCSA–2016–0031; FMCSA–2016–
0033; FMCSA–2017–0022; FMCSA–
2017–0026; FMCSA–2018–0007;
FMCSA–2018–0011; FMCSA–2018–
0012; FMCSA–2018–0013; FMCSA–
2018–0014, 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 Docket
Operations 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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
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Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
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.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year 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° 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 44 individuals listed in this
notice have requested renewal of their
exemptions from the vision standard in
§ 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 2-year period.
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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(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
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IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the 44 applicants
has satisfied the renewal conditions for
obtaining an exemption from the vision
standard (see 65 FR 33406; 65 FR 57234;
67 FR 46016; 67 FR 57266; 67 FR 57267;
69 FR 51346; 69 FR 52741; 71 FR 6826;
71 FR 19602; 71 FR 50970; 71 FR 53489;
72 FR 58362; 72 FR 67344; 73 FR 11989;
73 FR 35198; 73 FR 46973; 73 FR 48270;
73 FR 48275; 73 FR 51336; 73 FR 54888;
74 FR 57553; 75 FR 13653; 75 FR 25919;
75 FR 34212; 75 FR 39729; 75 FR 44051;
75 FR 47888; 75 FR 50799; 75 FR 52062;
75 FR 52063; 76 FR 70212; 77 FR 3552;
77 FR 5874; 77 FR 13691; 77 FR 17117;
77 FR 23797; 77 FR 27847; 77 FR 38381;
77 FR 38386; 77 FR 40945; 77 FR 41879;
77 FR 46153; 77 FR 51846; 77 FR 52388;
77 FR 52389; 77 FR 52391; 78 FR 27281;
78 FR 41188; 78 FR 64274; 78 FR 67454;
78 FR 77778; 79 FR 1908; 79 FR 4803;
79 FR 13085; 79 FR 14333; 79 FR 14571;
79 FR 18392; 79 FR 23797; 79 FR 28588;
79 FR 29495; 79 FR 29498; 79 FR 38659;
79 FR 41735; 79 FR 41740; 79 FR 46153;
79 FR 46300; 79 FR 51643; 79 FR 52388;
79 FR 53514; 79 FR 64001; 80 FR 33007;
80 FR 59230; 80 FR 63839; 80 FR 67476;
81 FR 1284; 81 FR 1474; 81 FR 15401;
81 FR 15404; 81 FR 20433; 81 FR 20435;
81 FR 21647; 81 FR 28138; 81 FR 45214;
81 FR 48493; 81 FR 52514; 81 FR 59266;
81 FR 66726; 81 FR 68098; 81 FR 74494;
81 FR 81230; 81 FR 90050; 81 FR 91239;
82 FR 15277; 82 FR 37504; 82 FR 47309;
83 FR 2306; 83 FR 2311; 83 FR 6925; 83
FR 15195; 83 FR 15214; 83 FR 18648;
83 FR 24146; 83 FR 24585; 83 FR 28320;
83 FR 28325; 83 FR 28328; 83 FR 28332;
83 FR 28335; 83 FR 33292; 83 FR 34661;
83 FR 34677; 83 FR 40638; 83 FR 40648;
83 FR 45749; 83 FR 54644). They have
submitted evidence showing that the
vision in the better eye continues to
meet the requirement specified at
§ 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 2 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 2 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(b), the following groups of
drivers received renewed exemptions in
the month of September and are
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discussed below. As of September 8,
2020, and in accordance with 49 U.S.C.
31136(e) and 31315, the following 32
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (71
FR 6826; 71 FR 19602; 72 FR 58362; 72
FR 67344; 73 FR 11989; 73 FR 35198;
73 FR 48275; 74 FR 57553; 75 FR 13653;
75 FR 25919; 75 FR 39729; 75 FR 44051;
76 FR 70212; 77 FR 3552; 77 FR 5874;
77 FR 13691; 77 FR 17117; 77 FR 23797;
77 FR 38381; 77 FR 41879; 77 FR 46153;
77 FR 51846; 77 FR 52391; 78 FR 27281;
78 FR 41188; 78 FR 64274; 78 FR 67454;
78 FR 77778; 79 FR 1908; 79 FR 4803;
79 FR 13085; 79 FR 14333; 79 FR 14571;
79 FR 18392; 79 FR 23797; 79 FR 28588;
79 FR 29498; 79 FR 38659; 79 FR 41735;
79 FR 41740; 79 FR 46153; 79 FR 53514;
80 FR 33007; 80 FR 59230; 80 FR 63839;
80 FR 67476; 81 FR 1284; 81 FR 1474;
81 FR 15401; 81 FR 15404; 81 FR 20433;
81 FR 20435; 81 FR 21647; 81 FR 28138;
81 FR 45214; 81 FR 48493; 81 FR 52514;
81 FR 66726; 81 FR 68098; 81 FR 90050;
81 FR 91239; 82 FR 15277; 82 FR 37504;
82 FR 47309; 83 FR 2306; 83 FR 2311;
83 FR 6925; 83 FR 15195; 83 FR 15214;
83 FR 18648; 83 FR 24146; 83 FR 24585;
83 FR 28320; 83 FR 28325; 83 FR 28328;
83 FR 28332; 83 FR 28335; 83 FR 33292;
83 FR 34661; 83 FR 34677; 83 FR 40648;
83 FR 45749; 83 FR 54644):
Daniel C. Berry (AR)
Christopher L. Binkley (NH)
John R. Bohman (OH)
Clifford L. Burruss (CA)
Ronald H. Carey (PA)
Darrin G. Davis (WI)
Vincent DeMedici (PA)
Jeffrey D. Duncan (IN)
Paul D. Evenhouse (IL)
John W. Forgy (ID)
Grant G. Gibson (MN)
Rickey W. Goins (TN)
Jorge Gonzalez (FL)
John E. Halcomb (GA)
Nenad Harnos (NJ)
Brian D. Hoover (IA)
Alvin H. Horgdal (IA)
Elvin M. Hursh (PA)
Michael A. Kafer (KS)
Jason W. King (MT)
Allen J. Kunze (ND)
Mickey D. McCoy (TN)
Earl L. Mokma (MI)
Terrence A. Odrick (DE)
James L. Okonek (WI)
James C. Paschal, Jr. (GA)
Riland O. Richardson (GA)
Jacob H. Riggle (OK)
Michael J. Schmelzle (KS)
Gregory S. Smith (AR)
Larry L. Stewart (NC)
William B. Van Drielen (NV)
The drivers were included in docket
numbers FMCSA–2006–23773;
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FMCSA–2007–29019; FMCSA–2008–
0106; FMCSA–2010–0082; FMCSA–
2011–0365; FMCSA–2011–0366;
FMCSA–2012–0160; FMCSA–2012–
0161; FMCSA–2013–0028; FMCSA–
2013–0169; FMCSA–2013–0170;
FMCSA–2013–0174; FMCSA–2014–
0003; FMCSA–2014–0004; FMCSA–
2014–0007; FMCSA–2015–0056;
FMCSA–2015–0070; FMCSA–2015–
0347; FMCSA–2016–0025; FMCSA–
2016–0030; FMCSA–2016–0031;
FMCSA–2017–0022; FMCSA–2017–
0026; FMCSA–2018–0007; FMCSA–
2018–0011; FMCSA–2018–0012;
FMCSA–2018–0013; and FMCSA–2018–
0014. Their exemptions were applicable
as of September 8, 2020, and will expire
on September 8, 2022.
As of September 9, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (75 FR 34212; 75
FR 47888; 77 FR 27847; 77 FR 38386;
77 FR 40945; 77 FR 41879; 77 FR 52391;
79 FR 29495; 79 FR 41735; 81 FR 81230;
83 FR 40638):
Michael J. Hoffarth (WA)
Shane N. Maul (IN)
Robert Smiley (NM)
The drivers were included in docket
numbers FMCSA–2010–0114; FMCSA–
2012–0104; FMCSA–2012–0161. Their
exemptions were applicable as of
September 9, 2020, and will expire on
September 9, 2022.
As of September 21, 2020, 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 (65 FR 33406; 65
FR 57234; 67 FR 46016; 67 FR 57266;
67 FR 57267; 69 FR 51346; 69 FR 52741;
71 FR 50970; 71 FR 53489; 73 FR 48270;
73 FR 51336; 75 FR 50799; 75 FR 52062;
77 FR 52389; 79 FR 46300; 81 FR 81230;
83 FR 40638):
Jack D. Clodfelter (NC)
Daniel K. Davis, III (MA)
Reginald I. Hall (TX)
Alfred C. Jewell, Jr. (WY)
The drivers were included in docket
numbers FMCSA–2000–7165; and
FMCSA–2002–12294. Their exemptions
were applicable as of September 21,
2020, and will expire on September 21,
2022.
As of September 23, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
VerDate Sep<11>2014
17:48 Oct 07, 2020
Jkt 253001
interstate CMV drivers (73 FR 46973; 73
FR 54888; 75 FR 52063; 77 FR 52388;
79 FR 52388; 81 FR 81230; 83 FR
40638):
Terrence L. Benning (WI)
Larry D. Curry (GA)
Thomas P. Shank (NY)
The drivers were included in docket
number FMCSA–2008–0231. Their
exemptions were applicable as of
September 23, 2020, and will expire on
September 23, 2022.
As of September 29, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (81 FR 59266; 81
FR 74494; 83 FR 40638):
Gregory M. Anderson (NY)
The driver was included in docket
number FMCSA–2016–0033. The
exemption is applicable as of September
29, 2020, and will expire on September
29, 2022.
As of September 30, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (79 FR 51643; 79
FR 64001; 81 FR 81230; 83 FR 40638):
Loran J. Weiler (IA)
The driver was included in docket
number FMCSA–2014–0010. The
exemption is applicable as of September
30, 2020, and will expire on September
30, 2022.
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 (ME), as defined by
§ 390.5, who attests that the driver is
otherwise physically qualified under
§ 391.41; (2) each driver must provide a
copy of the ophthalmologist’s or
optometrist’s report to the ME 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
PO 00000
Frm 00153
Fmt 4703
Sfmt 4703
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(b).
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.
VII. Conclusion
Based upon its evaluation of the 44
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the vision requirement in
§ 391.41(b)(10), subject to the
requirements cited above. In accordance
with 49 U.S.C. 31136(e) and 31315(b),
each exemption will be valid for 2 years
unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–22311 Filed 10–7–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0077]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on September 18, 2020, the
Regional Transportation District
Commuter Rail (RTDC) petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
238, Passenger Equipment Safety
Standards. FRA assigned the petition
Docket Number FRA–2020–0077.
Specifically, RTDC requests relief
from 49 CFR 238.309, Periodic brake
equipment maintenance. Section
238.309(b)(2) stipulates that brake
equipment and brake cylinders of each
MU locomotive must be cleaned,
repaired, and tested at intervals of every
1,104 days if the MU locomotive is part
of a fleet that is 100 percent equipped
with air dryers and has a brake system
using RT–5A-style valves (among
others). The RTDC MU locomotives are
equipped with the RT–5A+ Brake
System and is 100 percent air dryer
equipped. RTDC requests a waiver to
extend the maintenance interval to
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63649-63652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22311]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7165; FMCSA-2002-12294; FMCSA-2006-23773; FMCSA-
2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-0082; FMCSA-
2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2012-0104; FMCSA-
2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-2013-0169; FMCSA-
2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-
2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-0031; FMCSA-
2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-0007; FMCSA-
2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-0014]
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 44
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
[[Page 63650]]
be received on or before November 9, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2000-7165, Docket No. FMCSA-
2002-12294, Docket No. FMCSA-2006-23773, Docket No. FMCSA-2007-29019,
Docket No. FMCSA-2008-0106, Docket No. FMCSA-2008-0231, Docket No.
FMCSA-2010-0082, Docket No. FMCSA-2010-0114, Docket No. FMCSA-2011-
0365, Docket No. FMCSA-2011-0366, Docket No. FMCSA-2012-0104, Docket
No. FMCSA-2012-0160, Docket No. FMCSA-2012-0161, Docket No. FMCSA-2013-
0028, Docket No. FMCSA-2013-0169, Docket No. FMCSA-2013-0170, Docket
No. FMCSA-2013-0174, Docket No. FMCSA-2014-0003, Docket No. FMCSA-2014-
0004, Docket No. FMCSA-2014-0007, Docket No. FMCSA-2014-0010, Docket
No. FMCSA-2015-0056, Docket No. FMCSA-2015-0070, Docket No. FMCSA-2015-
0347, Docket No. FMCSA-2016-0025, Docket No. FMCSA-2016-0030, Docket
No. FMCSA-2016-0031, Docket No. FMCSA-2016-0033, Docket No. FMCSA-2017-
0022, Docket No. FMCSA-2017-0026, Docket No. FMCSA-2018-0007, Docket
No. FMCSA-2018-0011, Docket No. FMCSA-2018-0012, Docket No. FMCSA-2018-
0013, or Docket No. FMCSA-2018-0014 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Operations; 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: (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 Operations, (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-2000-7165; FMCSA-2002-12294; FMCSA-2006-23773;
FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-0082;
FMCSA-2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2012-0104;
FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-0031;
FMCSA-2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-0007;
FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-0014),
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-2000-7165; FMCSA-2002-12294; FMCSA-2006-
23773; FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-
0082; FMCSA-2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2012-
0104; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-2013-
0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-2015-
0070; FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-
0031; FMCSA-2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-
0007; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-
0014, 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.
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-2000-7165; FMCSA-2002-12294; FMCSA-
2006-23773; FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-
2010-0082; FMCSA-2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-
2012-0104; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-
2014-0004; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-
2015-0070; FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-
2016-0031; FMCSA-2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-
2018-0007; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-
2018-0014, 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 Docket Operations 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. To be sure someone is there to help you, please call (202)
366-9317 or (202) 366-9826 before visiting Docket Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public
[[Page 63651]]
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.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-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 44 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec. 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 2-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(b), FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 44
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 65 FR 33406; 65 FR 57234; 67 FR
46016; 67 FR 57266; 67 FR 57267; 69 FR 51346; 69 FR 52741; 71 FR 6826;
71 FR 19602; 71 FR 50970; 71 FR 53489; 72 FR 58362; 72 FR 67344; 73 FR
11989; 73 FR 35198; 73 FR 46973; 73 FR 48270; 73 FR 48275; 73 FR 51336;
73 FR 54888; 74 FR 57553; 75 FR 13653; 75 FR 25919; 75 FR 34212; 75 FR
39729; 75 FR 44051; 75 FR 47888; 75 FR 50799; 75 FR 52062; 75 FR 52063;
76 FR 70212; 77 FR 3552; 77 FR 5874; 77 FR 13691; 77 FR 17117; 77 FR
23797; 77 FR 27847; 77 FR 38381; 77 FR 38386; 77 FR 40945; 77 FR 41879;
77 FR 46153; 77 FR 51846; 77 FR 52388; 77 FR 52389; 77 FR 52391; 78 FR
27281; 78 FR 41188; 78 FR 64274; 78 FR 67454; 78 FR 77778; 79 FR 1908;
79 FR 4803; 79 FR 13085; 79 FR 14333; 79 FR 14571; 79 FR 18392; 79 FR
23797; 79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 38659; 79 FR 41735;
79 FR 41740; 79 FR 46153; 79 FR 46300; 79 FR 51643; 79 FR 52388; 79 FR
53514; 79 FR 64001; 80 FR 33007; 80 FR 59230; 80 FR 63839; 80 FR 67476;
81 FR 1284; 81 FR 1474; 81 FR 15401; 81 FR 15404; 81 FR 20433; 81 FR
20435; 81 FR 21647; 81 FR 28138; 81 FR 45214; 81 FR 48493; 81 FR 52514;
81 FR 59266; 81 FR 66726; 81 FR 68098; 81 FR 74494; 81 FR 81230; 81 FR
90050; 81 FR 91239; 82 FR 15277; 82 FR 37504; 82 FR 47309; 83 FR 2306;
83 FR 2311; 83 FR 6925; 83 FR 15195; 83 FR 15214; 83 FR 18648; 83 FR
24146; 83 FR 24585; 83 FR 28320; 83 FR 28325; 83 FR 28328; 83 FR 28332;
83 FR 28335; 83 FR 33292; 83 FR 34661; 83 FR 34677; 83 FR 40638; 83 FR
40648; 83 FR 45749; 83 FR 54644). They have submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at Sec. 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 2 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 2 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(b), the following
groups of drivers received renewed exemptions in the month of September
and are discussed below. As of September 8, 2020, and in accordance
with 49 U.S.C. 31136(e) and 31315, the following 32 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (71 FR
6826; 71 FR 19602; 72 FR 58362; 72 FR 67344; 73 FR 11989; 73 FR 35198;
73 FR 48275; 74 FR 57553; 75 FR 13653; 75 FR 25919; 75 FR 39729; 75 FR
44051; 76 FR 70212; 77 FR 3552; 77 FR 5874; 77 FR 13691; 77 FR 17117;
77 FR 23797; 77 FR 38381; 77 FR 41879; 77 FR 46153; 77 FR 51846; 77 FR
52391; 78 FR 27281; 78 FR 41188; 78 FR 64274; 78 FR 67454; 78 FR 77778;
79 FR 1908; 79 FR 4803; 79 FR 13085; 79 FR 14333; 79 FR 14571; 79 FR
18392; 79 FR 23797; 79 FR 28588; 79 FR 29498; 79 FR 38659; 79 FR 41735;
79 FR 41740; 79 FR 46153; 79 FR 53514; 80 FR 33007; 80 FR 59230; 80 FR
63839; 80 FR 67476; 81 FR 1284; 81 FR 1474; 81 FR 15401; 81 FR 15404;
81 FR 20433; 81 FR 20435; 81 FR 21647; 81 FR 28138; 81 FR 45214; 81 FR
48493; 81 FR 52514; 81 FR 66726; 81 FR 68098; 81 FR 90050; 81 FR 91239;
82 FR 15277; 82 FR 37504; 82 FR 47309; 83 FR 2306; 83 FR 2311; 83 FR
6925; 83 FR 15195; 83 FR 15214; 83 FR 18648; 83 FR 24146; 83 FR 24585;
83 FR 28320; 83 FR 28325; 83 FR 28328; 83 FR 28332; 83 FR 28335; 83 FR
33292; 83 FR 34661; 83 FR 34677; 83 FR 40648; 83 FR 45749; 83 FR
54644):
Daniel C. Berry (AR)
Christopher L. Binkley (NH)
John R. Bohman (OH)
Clifford L. Burruss (CA)
Ronald H. Carey (PA)
Darrin G. Davis (WI)
Vincent DeMedici (PA)
Jeffrey D. Duncan (IN)
Paul D. Evenhouse (IL)
John W. Forgy (ID)
Grant G. Gibson (MN)
Rickey W. Goins (TN)
Jorge Gonzalez (FL)
John E. Halcomb (GA)
Nenad Harnos (NJ)
Brian D. Hoover (IA)
Alvin H. Horgdal (IA)
Elvin M. Hursh (PA)
Michael A. Kafer (KS)
Jason W. King (MT)
Allen J. Kunze (ND)
Mickey D. McCoy (TN)
Earl L. Mokma (MI)
Terrence A. Odrick (DE)
James L. Okonek (WI)
James C. Paschal, Jr. (GA)
Riland O. Richardson (GA)
Jacob H. Riggle (OK)
Michael J. Schmelzle (KS)
Gregory S. Smith (AR)
Larry L. Stewart (NC)
William B. Van Drielen (NV)
The drivers were included in docket numbers FMCSA-2006-23773;
[[Page 63652]]
FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2011-0365;
FMCSA-2011-0366; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003;
FMCSA-2014-0004; FMCSA-2014-0007; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-0031;
FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-0007; FMCSA-2018-0011;
FMCSA-2018-0012; FMCSA-2018-0013; and FMCSA-2018-0014. Their exemptions
were applicable as of September 8, 2020, and will expire on September
8, 2022.
As of September 9, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (75 FR 34212; 75 FR 47888; 77 FR
27847; 77 FR 38386; 77 FR 40945; 77 FR 41879; 77 FR 52391; 79 FR 29495;
79 FR 41735; 81 FR 81230; 83 FR 40638):
Michael J. Hoffarth (WA)
Shane N. Maul (IN)
Robert Smiley (NM)
The drivers were included in docket numbers FMCSA-2010-0114; FMCSA-
2012-0104; FMCSA-2012-0161. Their exemptions were applicable as of
September 9, 2020, and will expire on September 9, 2022.
As of September 21, 2020, 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 (65 FR 33406; 65 FR 57234; 67 FR
46016; 67 FR 57266; 67 FR 57267; 69 FR 51346; 69 FR 52741; 71 FR 50970;
71 FR 53489; 73 FR 48270; 73 FR 51336; 75 FR 50799; 75 FR 52062; 77 FR
52389; 79 FR 46300; 81 FR 81230; 83 FR 40638):
Jack D. Clodfelter (NC)
Daniel K. Davis, III (MA)
Reginald I. Hall (TX)
Alfred C. Jewell, Jr. (WY)
The drivers were included in docket numbers FMCSA-2000-7165; and FMCSA-
2002-12294. Their exemptions were applicable as of September 21, 2020,
and will expire on September 21, 2022.
As of September 23, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (73 FR 46973; 73 FR 54888; 75 FR
52063; 77 FR 52388; 79 FR 52388; 81 FR 81230; 83 FR 40638):
Terrence L. Benning (WI)
Larry D. Curry (GA)
Thomas P. Shank (NY)
The drivers were included in docket number FMCSA-2008-0231. Their
exemptions were applicable as of September 23, 2020, and will expire on
September 23, 2022.
As of September 29, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (81 FR 59266; 81 FR 74494; 83 FR
40638):
Gregory M. Anderson (NY)
The driver was included in docket number FMCSA-2016-0033. The
exemption is applicable as of September 29, 2020, and will expire on
September 29, 2022.
As of September 30, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 51643; 79 FR 64001; 81 FR
81230; 83 FR 40638):
Loran J. Weiler (IA)
The driver was included in docket number FMCSA-2014-0010. The
exemption is applicable as of September 30, 2020, and will expire on
September 30, 2022.
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 (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec. 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME 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(b).
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.
VII. Conclusion
Based upon its evaluation of the 44 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in Sec. 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for 2 years unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-22311 Filed 10-7-20; 8:45 am]
BILLING CODE 4910-EX-P
