Qualification of Drivers; Exemption Applications; Vision, 76652-76655 [2020-26355]

Download as PDF 76652 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: VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 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. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 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: E:\FR\FM\30NON1.SGM 30NON1 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 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 http://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: TKELLEY on DSKBCP9HB2PROD with NOTICES 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 VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 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 http://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 http://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 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30NON1.SGM 30NON1 76654 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices TKELLEY on DSKBCP9HB2PROD with NOTICES 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 VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 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 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 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; E:\FR\FM\30NON1.SGM 30NON1 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 VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 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 http://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 http://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]


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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.

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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 http://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 http://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 http://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