Qualification of Drivers; Exemption Applications; Vision, 7775-7777 [2021-02016]
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices
FR 8022). The public comment period
ended on January 11, 2021, and one
comments was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would achieve a level of
safety equivalent to, or greater than, the
level that would be achieved by
complying with § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
III. Discussion of Comments
FMCSA received one comments in
this proceeding. The comment received
was outside the scope of this notice.
IV. Basis for Exemption Determination
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 Agency’s decision regarding these
exemption applications is based on the
2007 recommendations of the Agency’s
Medical Expert Panel (MEP). The
Agency conducted an individualized
assessment of each applicant’s medical
information, including the root cause of
the respective seizure(s) and medical
information about the applicant’s
seizure history, the length of time that
has elapsed since the individual’s last
seizure, the stability of each individual’s
treatment regimen and the duration of
time on or off of anti-seizure
medication. In addition, the Agency
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
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reviewed the treating clinician’s
medical opinion related to the ability of
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the Commercial
Driver’s License Information System for
commercial driver’s license (CDL)
holders, and interstate and intrastate
inspections recorded in the Motor
Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency (SDLA). A summary of each
applicant’s seizure history was
discussed in the December 11, 2020,
Federal Register notice (85 FR 80222)
and will not be repeated in this notice.
These three applicants have been
seizure-free over a range of eight to 19
years while taking anti-seizure
medication and maintained a stable
medication treatment regimen for the
last 2 years. In each case, the applicant’s
treating physician verified his or her
seizure history and supports the ability
to drive commercially.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the epilepsy and seizure disorder
prohibition in § 391.41(b)(8) is likely to
achieve a level of safety equal to that
existing without the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; and (4) 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 file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
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7775
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 three
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, § 391.41(b)(8), subject to the
requirements cited above:
Dylan C. Hill (KS)
James R. Satterlee (MI)
Robert G. Schauer, III (IA)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–02018 Filed 1–29–21; 8:45 am]
BILLING CODE 4910–EX–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 final disposition.
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 requirement in one eye.
SUMMARY:
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices
II. Background
Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below.
DATES:
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. 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–
0001, 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.
B. 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.
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16:57 Jan 29, 2021
Jkt 253001
On November 30, 2020, FMCSA
published a notice announcing its
decision to renew exemptions for 26
individuals from the vision requirement
in 49 CFR 391.41(b)(10) to operate a
CMV in interstate commerce and
requested comments from the public (85
FR 76652). The public comment period
ended on December 30, 2020, and one
comment was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with the current
regulation § 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in
§ 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.
III. Discussion of Comments
FMCSA received one comment in this
proceeding. An anonymous individual
submitted a comment in support of the
Agency’s decision to grant the
exemptions.
IV. Conclusion
Based on its evaluation of the 26
renewal exemption applications and
comments received, FMCSA confirms
its decision to exempt the following
drivers from the vision requirement in
§ 391.41(b)(10).
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;
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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 were
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 were 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)
Frederick E. Schaub (IA)
The drivers were included in docket
number FMCSA–2014–0299. Their
exemptions were 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
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices
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)
Ralph W. York (NM)
The drivers were included in docket
numbers FMCSA–2004–18885;
FMCSA–2010–0354. Their exemptions
were 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. The
exemption was 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. The
exemption was 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;
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)
Richard L. Zacher (OR)
The drivers were included in docket
numbers FMCSA–2004–17195;
FMCSA–2010–0354. Their exemptions
were applicable as of January 31, 2021,
and will expire on January 31, 2023.
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In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–02016 Filed 1–29–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0111]
Agency Information Collection
Activities; Revision of an Approved
Information Collection: Practices of
Household Goods Brokers
Federal Motor Carrier Safety
Administration (FMCSA), U.S.
Department of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval.
DATES: Please send your comments by
March 3, 2021. OMB must receive your
comments by this date in order to act
quickly on the ICR.
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:
Monique Riddick, Commercial
Enforcement and Investigations
Division, U.S. Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building,
6th Floor, MC–ECC, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. Telephone: 202–366–8045; email
monique.riddick@dot.gov.
SUMMARY:
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7777
SUPPLEMENTARY INFORMATION:
Background
As a result of Title IV, Subtitle B of
the Safe, Accountable, Flexible,
Efficient, Transportation Equity Act: A
Legacy for Users (SAFETEA–LU) (Pub.
L. 109–59) and a petition for rulemaking
from the American Moving and Storage
Association,1 FMCSA amended thenexisting regulations for brokers in a final
rule titled, ‘‘Brokers of Household
Goods Transportation by Motor
Vehicles,’’ (75 FR 72987, Nov. 29, 2010).
The 2010 rule revised 49 CFR part 371
by providing additional consumer
protection responsibilities for brokers of
Household Goods (HHG).
Section 4212 of SAFETEA–LU directs
the Secretary to require HHG brokers to
provide potential shippers with
information throughout the various
stages of their interaction. The below
summarizes the information collection
required of the HHG broker at the
various interaction stages between the
HHG broker and shippers as laid out by
49 CFR part 371, subpart B.
I. First Phase: ‘‘Prospecting’’
When HHG shippers are looking to
procure HHG brokers’ services, brokers
must collect the following information
and display it on their websites and
solicitation materials:
• Their physical address (49 CFR
371.107(a));
• Their U.S. DOT number(s) and MC
number (49 CFR 371.107(b));
• A statement indicating that they
will not transport the shipper’s goods
but will only arrange for goods to be
transported by a registered motor carrier
(49 CFR 371.107(c));
• If brokers choose to publish rates on
their websites or solicitation materials,
the broker must also publish a statement
that the rates are based on a motor
carrier’s publicly available rates (49 CFR
371.107(d));
• If brokers choose to publish a list of
motor carriers with whom they work,
the list must only be a list of motor
carriers with whom brokers have
agreements (49 CFR 371.107(e)); and
• Brokers must publish information
regarding their cancellation policies,
including information on deposits and
refunds (49 CFR 371.117(a)).
II. Second Phase: ‘‘Contact’’
When HHG shippers make reasonable
requests seeking additional information
1 As of August 8, 2020, the American Moving and
Storage Association (AMSA) announced AMSA will
join the American Trucking Associations (ATA) as
the Moving & Storage Conference. Retrieved January
1, 2021 from: https://www.moving.org/amsa-tobecome-conference-of-american-truckingassociations/.
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]]>Agencies
[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7775-7777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02016]
-----------------------------------------------------------------------
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 final disposition.
-----------------------------------------------------------------------
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
requirement in one eye.
[[Page 7776]]
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
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. 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-
0001, 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.
B. 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
On November 30, 2020, FMCSA published a notice announcing its
decision to renew exemptions for 26 individuals from the vision
requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate
commerce and requested comments from the public (85 FR 76652). The
public comment period ended on December 30, 2020, and one comment was
received.
FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with the current regulation Sec. 391.41(b)(10).
The physical qualification standard for drivers regarding vision
found in Sec. 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
III. Discussion of Comments
FMCSA received one comment in this proceeding. An anonymous
individual submitted a comment in support of the Agency's decision to
grant the exemptions.
IV. Conclusion
Based on its evaluation of the 26 renewal exemption applications
and comments received, FMCSA confirms its decision to exempt the
following drivers from the vision requirement in Sec. 391.41(b)(10).
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 were
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 were 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)
Frederick E. Schaub (IA)
The drivers were included in docket number FMCSA-2014-0299. Their
exemptions were 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
[[Page 7777]]
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)
Ralph W. York (NM)
The drivers were included in docket numbers FMCSA-2004-18885;
FMCSA-2010-0354. Their exemptions were 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. The
exemption was 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. The
exemption was 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; 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)
Richard L. Zacher (OR)
The drivers were included in docket numbers FMCSA-2004-17195;
FMCSA-2010-0354. Their exemptions were applicable as of January 31,
2021, and will expire on January 31, 2023.
In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-02016 Filed 1-29-21; 8:45 am]
BILLING CODE 4910-EX-P
