Qualification of Drivers; Exemption Applications; Vision, 76652-76655 [2020-26355]
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information,
will be available for public review.
Abstract of Proposed Collection
The Request to Change End-User,
End-Use and/or Destination of
Hardware information collection is used
to request DDTC approval prior to any
sale, transfer, transshipment, or
disposal, whether permanent or
temporary, of classified or unclassified
defense articles to any end-user, end-use
or destination other than as stated on a
license or other approval.
Methodology
Applicants are referred to ITAR 123.9
for guidance on information to submit
regarding the request to change enduser, end-use and/or destination of
hardware. A DS–6004 may be submitted
electronically through DDTC’s case
management system, The Defense
Export Control and Compliance System
(DECCS), accessed through DDTC’s
website.
Paula Harrison,
Senior Management Analyst, Directorate of
Defense Trade Controls, Department of State.
[FR Doc. 2020–26372 Filed 11–27–20; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2020–0385]
Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Competition
Plans, Passenger Facility Charges
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
TKELLEY on DSKBCP9HB2PROD with NOTICES
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request Office of
Management and Budget (OMB)
approval to renew an information
SUMMARY:
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collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on April 21,
2020.
DATES: Written comments should be
submitted by December 30, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Amanda Shotto by email at:
amanda.j.shotto@faa.gov; phone: 202–
267–8744
SUPPLEMENTARY INFORMATION: The
Federal Aviation Administration (FAA),
in accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the FAA assess
the impact of its information collection
requirements and minimize the public’s
reporting burden.
The FAA invites comment on any
aspect of this information collection,
including (a) whether the proposed
collection of information is necessary
for FAA’s performance; (b) the accuracy
of the estimated burden; (c) ways for
FAA to enhance the quality, utility and
clarity of the information collection; and
(d) ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–0661.
Title: Competition Plans, Passenger
Facility Charges.
Form Numbers: There are no FAA
forms associated with this collection.
Type of Review: Renewal of an
Information Collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on April 21, 2020 (85 FR 22244). The
DOT/FAA will use any information
submitted in response to this
requirement to carry out the intent of
Title 49, Sections 40117(k) and 47106(f).
These rules assure that a covered airport
has, and implements, a plan that
provides opportunities for competitive
access by new entrant air carriers or air
carriers seeking to expand. The affected
public includes public agencies
controlling medium or large hub
airports.
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Respondents: 5 affected airports
annually.
Frequency: On occasion.
Estimated Average Burden per
Response: Approximately 150 hours.
Estimated Total Annual Burden:
Approximately 750 hours annually.
Issued in Washington, DC, on November
23, 2020.
David F. Cushing,
Manager, Airports Financial Assistance
Division, APP–500.
[FR Doc. 2020–26263 Filed 11–27–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7363; FMCSA–
2002–12844; FMCSA–2004–17195; FMCSA–
2004–18885; FMCSA–2004–19477; FMCSA–
2006–26066; FMCSA–2008–0106; FMCSA–
2008–0231; FMCSA–2010–0354; FMCSA–
2011–0379; FMCSA–2014–0007; FMCSA–
2014–0010; FMCSA–2014–0299; FMCSA–
2016–0033; FMCSA–2016–0209; FMCSA–
2016–0347; FMCSA–2018–0017; FMCSA–
2018–0018; FMCSA–2018–0208]
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 26
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 are 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 30,
2020.
SUMMARY:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2000–7363, Docket No.
FMCSA–2002–12844, Docket No.
FMCSA–2004–17195, Docket No.
FMCSA–2004–18885, Docket No.
FMCSA–2004–19477, Docket No.
FMCSA–2006–26066, Docket No.
FMCSA–2008–0106, Docket No.
FMCSA–2008–0231, Docket No.
FMCSA–2010–0354, Docket No.
FMCSA–2011–0379, Docket No.
ADDRESSES:
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FMCSA–2014–0007, Docket No.
FMCSA–2014–0010, Docket No.
FMCSA–2014–0299, Docket No.
FMCSA–2016–0033, Docket No.
FMCSA–2016–0209, Docket No.
FMCSA–2016–0347, Docket No.
FMCSA–2018–0017, Docket No.
FMCSA–2018–0018, or Docket No.
FMCSA–2018–0208 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Dockets 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,
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 Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2000–7363;
FMCSA–2002–12844; FMCSA–2004–
17195; FMCSA–2004–18885; FMCSA–
2004–19477; FMCSA–2006–26066;
FMCSA–2008–0106; FMCSA–2008–
0231; FMCSA–2010–0354; FMCSA–
2011–0379; FMCSA–2014–0007;
FMCSA–2014–0010; FMCSA–2014–
0299; FMCSA–2016–0033; FMCSA–
2016–0209; FMCSA–2016–0347;
FMCSA–2018–0017; FMCSA–2018–
0018; FMCSA–2018–0208), 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
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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–2000–7363;
FMCSA–2002–12844; FMCSA–2004–
17195; FMCSA–2004–18885; FMCSA–
2004–19477; FMCSA–2006–26066;
FMCSA–2008–0106; FMCSA–2008–
0231; FMCSA–2010–0354; FMCSA–
2011–0379; FMCSA–2014–0007;
FMCSA–2014–0010; FMCSA–2014–
0299; FMCSA–2016–0033; FMCSA–
2016–0209; FMCSA–2016–0347;
FMCSA–2018–0017; FMCSA–2018–
0018; FMCSA–2018–0208, 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–2000–7363;
FMCSA–2002–12844; FMCSA–2004–
17195; FMCSA–2004–18885; FMCSA–
2004–19477; FMCSA–2006–26066;
FMCSA–2008–0106; FMCSA–2008–
0231; FMCSA–2010–0354; FMCSA–
2011–0379; FMCSA–2014–0007;
FMCSA–2014–0010; FMCSA–2014–
0299; FMCSA–2016–0033; FMCSA–
2016–0209; FMCSA–2016–0347;
FMCSA–2018–0017; FMCSA–2018–
0018; FMCSA–2018–0208, 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 Dockets 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
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76653
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 Dockets Operations.
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.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 26 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.
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
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
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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 26 applicants
has satisfied the renewal conditions for
obtaining an exemption from the vision
standard (see 65 FR 45817; 65 FR 77066;
67 FR 68719; 67 FR 71610; 68 FR 2629;
69 FR 17263; 69 FR 31447; 69 FR 53493;
69 FR 64742; 69 FR 64806; 69 FR 64810;
69 FR 71100; 70 FR 2705; 70 FR 44946;
71 FR 43557; 71 FR 62148; 71 FR 63379;
71 FR 66217; 72 FR 1051; 72 FR 1053;
72 FR 1056; 73 FR 35201; 73 FR 42403;
73 FR 46973; 73 FR 48275; 73 FR 54889;
73 FR 61925; 73 FR 74565; 73 FR 76439;
73 FR 76440; 73 FR 78423; 75 FR 38602;
75 FR 44051; 75 FR 59327; 75 FR 72863;
75 FR 77949; 75 FR 77951; 75 FR 79083;
75 FR 79084; 75 FR 80887; 76 FR 2190;
77 FR 15184; 77 FR 27850; 77 FR 46153;
77 FR 68202; 77 FR 74273; 77 FR 74730;
77 FR 74734; 77 FR 75496; 77 FR 76167;
78 FR 800; 79 FR 21996; 79 FR 38659;
79 FR 46153; 79 FR 51643; 79 FR 53514;
79 FR 64001; 79 FR 65759; 79 FR 73397;
79 FR 73686; 79 FR 73687; 79 FR 73689;
79 FR 7416879 FR 74169; 80 FR 603; 80
FR 9304; 81 FR 1474; 81 FR 48493; 81
FR 59266; 81 FR 70251; 81 FR 74494;
81 FR 81230; 81 FR 90050; 81 FR 96165;
81 FR 96178; 81 FR 96180; 83 FR 28325;
83 FR 34661; 83 FR 40638; 83 FR 45750;
83 FR 53724; 83 FR 53727; 83 FR 56137;
83 FR 60954; 84 FR 2305; 84 FR 2311;
84 FR 2326; 84 FR 2328). 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 January and are discussed
below. As of January 3, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 13 individuals
have satisfied the renewal conditions for
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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 64810;
71 FR 66217; 73 FR 35201; 73 FR 46973;
73 FR 48275; 73 FR 54889; 73 FR 74565;
75 FR 44051; 75 FR 77949; 75 FR 77951;
77 FR 15184; 77 FR 27850; 77 FR 46153;
77 FR 68202; 77 FR 74730; 79 FR 21996;
79 FR 38659; 79 FR 46153; 79 FR 51643;
79 FR 53514; 79 FR 64001; 79 FR 65759;
79 FR 73689; 81 FR 1474; 81 FR 48493;
81 FR 59266; 81 FR 70251; 81 FR 74494;
81 FR 81230; 81 FR 90050; 81 FR 96165;
81 FR 96178; 81 FR 96180; 83 FR 28325;
83 FR 34661; 83 FR 40638; 83 FR 45750;
83 FR 53724; 83 FR 53727; 83 FR 56137;
83 FR 60954; 84 FR 2305; 84 FR 2311;
84 FR 2326; 84 FR 2328):
Darrin E. Bogert (NY)
Ronald A. Bolyard (WV)
Robert J. Clarke (NY)
Lane D. Fuller (KS)
J. W. Keener (PA)
Darrell D. Kropf (CA)
Donald L. Minney (OH)
Donald L. Nisbet (WA)
Jose H. Rivas (NM)
Pedro T. Tellez Alvarez (CA)
Roy F. Varnado, Jr. (LA)
Wade W. Ward (WY)
Christopher R. Whitson (NC)
The drivers were included in docket
numbers FMCSA–2000–7363; FMCSA–
2008–0106; FMCSA–2008–0231;
FMCSA–2011–0379; FMCSA–2014–
0007; FMCSA–2014–0010; FMCSA–
2016–0033; FMCSA–2016–0209;
FMCSA–2016–0347; FMCSA–2018–
0017; FMCSA–2018–0018; FMCSA–
2018–0208. Their exemptions are
applicable as of January 3, 2021, and
will expire on January 3, 2023.
As of January 9, 2021, 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 (71 FR 63379; 72
FR 1051; 73 FR 78423; 75 FR 79083; 77
FR 74734; 79 FR 73686; 81 FR 96165;
84 FR 2311):
David L. Cattoor (NV)
Ronald C. Morris (NV)
Kevin L. Truxell (FL)
Lee A. Wiltjer (IL)
The drivers were included in docket
number FMCSA–2006–26066. Their
exemptions are applicable as of January
9, 2021, and will expire on January 9,
2023.
As of January 10, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
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interstate CMV drivers (79 FR 73397; 80
FR 9304; 81 FR 96165; 84 FR 2311):
Jesse L. Lichtenberger (PA); and
Frederick E. Schaub (IA)
The drivers were included in docket
number FMCSA–2014–0299. Their
exemptions are applicable as of January
10, 2021, and will expire on January 10,
2023.
As of January 12, 2021, 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 (69 FR 53493; 69
FR 64742; 71 FR 62148; 73 FR 61925;
75 FR 59327; 75 FR 72863; 76 FR 2190;
77 FR 74273; 79 FR 73687; 81 FR 96165;
84 FR 2311):
Thomas L. Oglesby (GA); David W.
Ward (NC); and Ralph W. York (NM)
The drivers were included in docket
numbers FMCSA–2004–18885;
FMCSA–2010–0354. Their exemptions
are applicable as of January 12, 2021,
and will expire on January 12, 2023.
As of January 14, 2021, 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 (69 FR 64806; 70
FR 2705; 72 FR 1056; 73 FR 76439; 75
FR 79084; 77 FR 75496; 79 FR 74169;
81 FR 96165; 84 FR 2311):
Francis M. McMullin (PA)
The driver was included in docket
number FMCSA–2004–19477. Their
exemption is applicable as of January
14, 2021, and will expire on January 14,
2023.
As of January 17, 2021, 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 (67 FR 68719; 68
FR 2629; 69 FR 71100; 72 FR 1053; 73
FR 76440; 75 FR 80887; 77 FR 76167;
79 FR 74168; 81 FR 96165; 84 FR 2311):
Howard F. Breitkreutz (MN)
The driver was included in docket
number FMCSA–2002–12844. Their
exemption is applicable as of January
17, 2021, and will expire on January 17,
2023.
As of January 31, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (69 FR 17263; 69
FR 31447; 70 FR 44946; 71 FR 43557;
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
73 FR 42403; 75 FR 38602; 75 FR 72863;
76 FR 2190; 78 FR 800; 80 FR 603; 81
FR 96165; 84 FR 2311):
Jose M. Suarez (TX); and Richard L.
Zacher (OR)
The drivers were included in docket
numbers FMCSA–2004–17195;
FMCSA–2010–0354. Their exemptions
are applicable as of January 31, 2021,
and will expire on January 31, 2023.
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/she
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.
TKELLEY on DSKBCP9HB2PROD with NOTICES
VI. Conclusion
Based upon its evaluation of the 26
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. 2020–26355 Filed 11–27–20; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0442; FMCSA–
2014–0216; FMCSA–2015–0322; FMCSA–
2015–0323; FMCSA–2016–0007; FMCSA–
2016–0008; FMCSA–2018–0056]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
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 11
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
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 30,
2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2013–0442, Docket No.
FMCSA–2014–0216, Docket No.
FMCSA–2015–0322, Docket No.
FMCSA–2015–0323, Docket No.
FMCSA–2016–0007, Docket No.
FMCSA–2016–0008, or Docket No.
FMCSA–2018–0056 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Dockets 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.
SUMMARY:
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
76655
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.
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 Dockets
Operations, (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2013–0442,
FMCSA–2014–0216, FMCSA–2015–
0322, FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008, or
FMCSA–2018–0056), 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–2013–0442,
FMCSA–2014–0216, FMCSA–2015–
0322, FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008, or
FMCSA–2018–0056, 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.
E:\FR\FM\30NON1.SGM
30NON1
]]>Agencies
[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76652-76655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26355]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7363; FMCSA-2002-12844; FMCSA-2004-17195; FMCSA-
2004-18885; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-
2008-0231; FMCSA-2010-0354; FMCSA-2011-0379; FMCSA-2014-0007; FMCSA-
2014-0010; FMCSA-2014-0299; FMCSA-2016-0033; FMCSA-2016-0209; FMCSA-
2016-0347; FMCSA-2018-0017; FMCSA-2018-0018; FMCSA-2018-0208]
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 26
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 are 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
30, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2000-7363, Docket No. FMCSA-
2002-12844, Docket No. FMCSA-2004-17195, Docket No. FMCSA-2004-18885,
Docket No. FMCSA-2004-19477, Docket No. FMCSA-2006-26066, Docket No.
FMCSA-2008-0106, Docket No. FMCSA-2008-0231, Docket No. FMCSA-2010-
0354, Docket No. FMCSA-2011-0379, Docket No.
[[Page 76653]]
FMCSA-2014-0007, Docket No. FMCSA-2014-0010, Docket No. FMCSA-2014-
0299, Docket No. FMCSA-2016-0033, Docket No. FMCSA-2016-0209, Docket
No. FMCSA-2016-0347, Docket No. FMCSA-2018-0017, Docket No. FMCSA-2018-
0018, or Docket No. FMCSA-2018-0208 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Dockets 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 Dockets 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-2000-7363; FMCSA-2002-12844; FMCSA-2004-17195;
FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0106;
FMCSA-2008-0231; FMCSA-2010-0354; FMCSA-2011-0379; FMCSA-2014-0007;
FMCSA-2014-0010; FMCSA-2014-0299; FMCSA-2016-0033; FMCSA-2016-0209;
FMCSA-2016-0347; FMCSA-2018-0017; FMCSA-2018-0018; FMCSA-2018-0208),
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-2000-7363; FMCSA-2002-12844; FMCSA-2004-
17195; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-
2008-0106; FMCSA-2008-0231; FMCSA-2010-0354; FMCSA-2011-0379; FMCSA-
2014-0007; FMCSA-2014-0010; FMCSA-2014-0299; FMCSA-2016-0033; FMCSA-
2016-0209; FMCSA-2016-0347; FMCSA-2018-0017; FMCSA-2018-0018; FMCSA-
2018-0208, 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-2000-7363; FMCSA-2002-12844; FMCSA-
2004-17195; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-26066;
FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-0354; FMCSA-2011-0379;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0299; FMCSA-2016-0033;
FMCSA-2016-0209; FMCSA-2016-0347; FMCSA-2018-0017; FMCSA-2018-0018;
FMCSA-2018-0208, 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 Dockets 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 Dockets Operations.
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.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 26 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
[[Page 76654]]
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 26
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 65 FR 45817; 65 FR 77066; 67 FR
68719; 67 FR 71610; 68 FR 2629; 69 FR 17263; 69 FR 31447; 69 FR 53493;
69 FR 64742; 69 FR 64806; 69 FR 64810; 69 FR 71100; 70 FR 2705; 70 FR
44946; 71 FR 43557; 71 FR 62148; 71 FR 63379; 71 FR 66217; 72 FR 1051;
72 FR 1053; 72 FR 1056; 73 FR 35201; 73 FR 42403; 73 FR 46973; 73 FR
48275; 73 FR 54889; 73 FR 61925; 73 FR 74565; 73 FR 76439; 73 FR 76440;
73 FR 78423; 75 FR 38602; 75 FR 44051; 75 FR 59327; 75 FR 72863; 75 FR
77949; 75 FR 77951; 75 FR 79083; 75 FR 79084; 75 FR 80887; 76 FR 2190;
77 FR 15184; 77 FR 27850; 77 FR 46153; 77 FR 68202; 77 FR 74273; 77 FR
74730; 77 FR 74734; 77 FR 75496; 77 FR 76167; 78 FR 800; 79 FR 21996;
79 FR 38659; 79 FR 46153; 79 FR 51643; 79 FR 53514; 79 FR 64001; 79 FR
65759; 79 FR 73397; 79 FR 73686; 79 FR 73687; 79 FR 73689; 79 FR
7416879 FR 74169; 80 FR 603; 80 FR 9304; 81 FR 1474; 81 FR 48493; 81 FR
59266; 81 FR 70251; 81 FR 74494; 81 FR 81230; 81 FR 90050; 81 FR 96165;
81 FR 96178; 81 FR 96180; 83 FR 28325; 83 FR 34661; 83 FR 40638; 83 FR
45750; 83 FR 53724; 83 FR 53727; 83 FR 56137; 83 FR 60954; 84 FR 2305;
84 FR 2311; 84 FR 2326; 84 FR 2328). 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 January
and are discussed below. As of January 3, 2021, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 13 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 64810; 71 FR 66217; 73 FR 35201;
73 FR 46973; 73 FR 48275; 73 FR 54889; 73 FR 74565; 75 FR 44051; 75 FR
77949; 75 FR 77951; 77 FR 15184; 77 FR 27850; 77 FR 46153; 77 FR 68202;
77 FR 74730; 79 FR 21996; 79 FR 38659; 79 FR 46153; 79 FR 51643; 79 FR
53514; 79 FR 64001; 79 FR 65759; 79 FR 73689; 81 FR 1474; 81 FR 48493;
81 FR 59266; 81 FR 70251; 81 FR 74494; 81 FR 81230; 81 FR 90050; 81 FR
96165; 81 FR 96178; 81 FR 96180; 83 FR 28325; 83 FR 34661; 83 FR 40638;
83 FR 45750; 83 FR 53724; 83 FR 53727; 83 FR 56137; 83 FR 60954; 84 FR
2305; 84 FR 2311; 84 FR 2326; 84 FR 2328):
Darrin E. Bogert (NY)
Ronald A. Bolyard (WV)
Robert J. Clarke (NY)
Lane D. Fuller (KS)
J. W. Keener (PA)
Darrell D. Kropf (CA)
Donald L. Minney (OH)
Donald L. Nisbet (WA)
Jose H. Rivas (NM)
Pedro T. Tellez Alvarez (CA)
Roy F. Varnado, Jr. (LA)
Wade W. Ward (WY)
Christopher R. Whitson (NC)
The drivers were included in docket numbers FMCSA-2000-7363; FMCSA-
2008-0106; FMCSA-2008-0231; FMCSA-2011-0379; FMCSA-2014-0007; FMCSA-
2014-0010; FMCSA-2016-0033; FMCSA-2016-0209; FMCSA-2016-0347; FMCSA-
2018-0017; FMCSA-2018-0018; FMCSA-2018-0208. Their exemptions are
applicable as of January 3, 2021, and will expire on January 3, 2023.
As of January 9, 2021, 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 (71 FR 63379; 72 FR 1051; 73 FR
78423; 75 FR 79083; 77 FR 74734; 79 FR 73686; 81 FR 96165; 84 FR 2311):
David L. Cattoor (NV)
Ronald C. Morris (NV)
Kevin L. Truxell (FL)
Lee A. Wiltjer (IL)
The drivers were included in docket number FMCSA-2006-26066. Their
exemptions are applicable as of January 9, 2021, and will expire on
January 9, 2023.
As of January 10, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 73397; 80 FR 9304; 81 FR
96165; 84 FR 2311):
Jesse L. Lichtenberger (PA); and Frederick E. Schaub (IA)
The drivers were included in docket number FMCSA-2014-0299. Their
exemptions are applicable as of January 10, 2021, and will expire on
January 10, 2023.
As of January 12, 2021, 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 (69 FR 53493; 69 FR 64742; 71 FR
62148; 73 FR 61925; 75 FR 59327; 75 FR 72863; 76 FR 2190; 77 FR 74273;
79 FR 73687; 81 FR 96165; 84 FR 2311):
Thomas L. Oglesby (GA); David W. Ward (NC); and Ralph W. York (NM)
The drivers were included in docket numbers FMCSA-2004-18885;
FMCSA-2010-0354. Their exemptions are applicable as of January 12,
2021, and will expire on January 12, 2023.
As of January 14, 2021, 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 (69 FR 64806; 70 FR 2705; 72 FR
1056; 73 FR 76439; 75 FR 79084; 77 FR 75496; 79 FR 74169; 81 FR 96165;
84 FR 2311):
Francis M. McMullin (PA)
The driver was included in docket number FMCSA-2004-19477. Their
exemption is applicable as of January 14, 2021, and will expire on
January 14, 2023.
As of January 17, 2021, 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 (67 FR 68719; 68 FR 2629; 69 FR
71100; 72 FR 1053; 73 FR 76440; 75 FR 80887; 77 FR 76167; 79 FR 74168;
81 FR 96165; 84 FR 2311):
Howard F. Breitkreutz (MN)
The driver was included in docket number FMCSA-2002-12844. Their
exemption is applicable as of January 17, 2021, and will expire on
January 17, 2023.
As of January 31, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 17263; 69 FR 31447; 70 FR
44946; 71 FR 43557;
[[Page 76655]]
73 FR 42403; 75 FR 38602; 75 FR 72863; 76 FR 2190; 78 FR 800; 80 FR
603; 81 FR 96165; 84 FR 2311):
Jose M. Suarez (TX); and Richard L. Zacher (OR)
The drivers were included in docket numbers FMCSA-2004-17195;
FMCSA-2010-0354. Their exemptions are applicable as of January 31,
2021, and will expire on January 31, 2023.
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/she 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.
VI. Conclusion
Based upon its evaluation of the 26 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. 2020-26355 Filed 11-27-20; 8:45 am]
BILLING CODE 4910-EX-P
