Qualification of Drivers; Exemption Applications; Vision, 16016-16018 [2021-06148]
Download as PDF
16016
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
officer exercising authority lawfully
delegated by the Board determines that good
cause has been shown warranting suspension
of any of the provisions herein.
16. Nothing in this Protective Order
restricts the right of any party to disclose
voluntarily any Confidential Information
originated by that party, or to disclose
voluntarily any Confidential Documents
originated by that party, if such Confidential
Information or Confidential Documents do
not contain or reflect any Confidential
Information originated by any other party.
Exhibit B
UNDERTAKING HIGHLY CONFIDENTIAL
MATERIAL
I, llllllll am outside [counsel]
[consultant] for llllllll, for whom
I am acting in this proceeding. I have read
the Protective Order served on
llllllll, 2021, governing the
production and use of Confidential
Information and Confidential Documents in
STB Docket Nos. FD 36472, FD 36472 (SubNo. 1), FD 36472 (Sub-No. 2), FD 36472 (SubNo. 3), FD 36472 (Sub-No. 4), FD 36472 (SubExhibit A
No. 5), and AB 1312X, understand the same,
and agree to be bound by its terms. I agree
UNDERTAKING CONFIDENTIAL
not to use or to permit the use of any
MATERIAL
Confidential Information or Confidential
I, llllllll, have read the
Documents obtained pursuant to that
Protective Order served on llllllll, Protective Order, or to use or to permit the
2021 governing the production and use of
use of any methodologies or techniques
Confidential Information and Confidential
disclosed or information learned as a result
Documents in STB Docket Nos. FD 36472, FD of receiving such data or information, for any
36472 (Sub-No. 1), FD 36472 (Sub-No. 2), FD
purpose other than the preparation and
36472 (Sub-No. 3), FD 36472 (Sub-No. 4), FD
presentation of evidence and argument in
36472 (Sub-No. 5), and AB 1312X,
STB Docket No. FD 36472, any related
understand the same, and agree to be bound
proceedings before the Surface
by its terms. I agree not to use or to permit
Transportation Board (‘‘Board’’), or any
the use of any Confidential Information or
judicial review proceedings in connection
Confidential Documents obtained pursuant to with STB Docket No. FD 36472 and/or with
that Protective Order, or to use or to permit
any related proceedings. I further agree not
the use of any methodologies or techniques
to disclose any Confidential Information,
disclosed or information learned as a result
Confidential Documents, methodologies,
of receiving such data or information, for any techniques, or data obtained pursuant to the
purpose other than the preparation and
Protective Order except to persons who are
presentation of evidence and argument in
also bound by the terms of the Order and
STB Docket No. FD 36472, any related
who have executed undertakings in the form
proceedings before the Surface
hereof.
Transportation Board (’’Board’’), and/or any
I also understand and agree, as a condition
judicial review proceedings in connection
precedent to my receiving, reviewing, or
with STB Docket No. FD 36472 and/or with
using copies of any information or
documents designated or stamped as
any related proceedings. I further agree not
‘‘HIGHLY CONFIDENTIAL,’’ that I will take
to disclose any Confidential Information,
all necessary steps to ensure that said
Confidential Documents, methodologies,
information or documents be kept on a
techniques, or data obtained pursuant to the
confidential basis by any outside counsel or
Protective Order except to persons who are
outside consultants working with me; that
also bound by the terms of the Order and
who have executed Undertakings in the form under no circumstances will I permit access
to said materials or information by
hereof, and that at the conclusion of this
employees of my client or its subsidiaries,
proceeding (including any proceeding on
affiliates, or owners; and that at the
administrative review, judicial review, or
conclusion of this proceeding (including any
remand), I will promptly destroy any
proceeding on administrative review, judicial
documents containing or reflecting materials
designated or stamped as ‘‘CONFIDENTIAL,’’ review, or remand), I will promptly destroy
any documents containing or reflecting
other than file copies, kept by outside
information or documents designated or
counsel, of pleadings and other documents
stamped as ‘‘HIGHLY CONFIDENTIAL,’’
filed with the Board.
other than file copies, kept by outside
I understand and agree that money
damages would not be a sufficient remedy for counsel, of pleadings and other documents
filed with the Board.
breach of this Undertaking and that
I understand and agree that money
Applicants or other parties producing
damages would not be a sufficient remedy for
Confidential Information or Confidential
breach of this Undertaking and that
Documents shall be entitled to specific
Applicants or other parties producing
performance and injunctive and/or other
Confidential Information or Confidential
equitable relief as a remedy for any such
Documents shall be entitled to specific
breach, and I further agree to waive any
performance and injunctive and/or other
requirement for the securing or posting of
equitable relief as a remedy for any such
any bond in connection with such remedy.
breach, and I further agree to waive any
Such remedy shall not be deemed to be the
requirement for the securing or posting of
exclusive remedy for breach of this
any bond in connection with such remedy.
Undertaking but shall be in addition to all
Such remedy shall not be deemed to be the
remedies available at law or equity.
Signed: lllllllllllllllll exclusive remedy for breach of this
Undertaking but shall be in addition to all
Name:
Affiliation: lllllllllllllll remedies available at law or equity.
Dated: lllllllllllllllll Signed: lllllllllllllllll
VerDate Sep<11>2014
18:38 Mar 24, 2021
Jkt 253001
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
OUTSIDE [COUNSEL] [CONSULTANT]
Dated: lllllllllllllllll
[FR Doc. 2021–06211 Filed 3–24–21; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–6480; FMCSA–
2000–7006; FMCSA–2000–7363; FMCSA–
2000–8398; FMCSA–2001–10578; FMCSA–
2002–12294; FMCSA–2002–13411; FMCSA–
2004–19477; FMCSA–2005–23238; FMCSA–
2006–24783; FMCSA–2006–26066; FMCSA–
2008–0021; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2009–0011; FMCSA–
2009–0303; FMCSA–2010–0187; FMCSA–
2010–0354; FMCSA–2010–0385; FMCSA–
2011–0276; FMCSA–2011–0379; FMCSA–
2012–0161; FMCSA–2012–0339; FMCSA–
2013–0174; FMCSA–2014–0002; FMCSA–
2014–0003; FMCSA–2014–0006; FMCSA–
2014–0007; FMCSA–2014–0299; FMCSA–
2014–0300; FMCSA–2014–0301; FMCSA–
2016–0027; FMCSA–2016–0031; FMCSA–
2016–0033; FMCSA–2016–0210; FMCSA–
2016–0212; FMCSA–2018–0207; FMCSA–
2018–0209]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 53
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.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below.
SUMMARY:
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:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\25MRN1.SGM
25MRN1
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–1999–6480, FMCSA–
2000–7006, FMCSA–2000–7363,
FMCSA–2000–8398, FMCSA–2001–
10578, FMCSA–2002–12294, FMCSA–
2002–13411, FMCSA–2004–19477,
FMCSA–2005–23238, FMCSA–2006–
24783, FMCSA–2006–26066, FMCSA2008–0021, FMCSA–2008–0266,
FMCSA–2008–0340, FMCSA–2009–
0011, FMCSA–2009–0303, FMCSA–
2010–0187, FMCSA–2010–0354,
FMCSA–2010–0385, FMCSA–2011–
0276, FMCSA–2011–0379, FMCSA–
2012–0161, FMCSA–2012–0339,
FMCSA–2013–0174, FMCSA–2014–
0002, FMCSA–2014–0003, FMCSA–
2014–0006, FMCSA–2014–0007,
FMCSA–2014–0299, FMCSA–2014–
0300, FMCSA–2014–0301, FMCSA–
2016–0027, FMCSA–2016–0031,
FMCSA–2016–0033, FMCSA–2016–
0210, FMCSA–2016–0212, FMCSA–
2018–0207, or FMCSA–2018–0209 in
the keyword box, and click ‘‘Search.’’
Next, sort the results by ‘‘Posted
(Newer-Older),’’ choose the first notice
listed, and click ‘‘Browse Comments.’’ 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 February 1, 2021, FMCSA
published a notice announcing its
decision to renew exemptions for 53
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 (86
FR 7769). The public comment period
ended on March 3, 2021, and two
comments were received.
VerDate Sep<11>2014
17:52 Mar 24, 2021
Jkt 253001
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 two comments in
this proceeding. An anonymous
individual submitted a comment stating
that commercial drivers should be held
to stricter driving requirements,
including acceptable vision in both
eyes, due to their hours of work.
Another anonymous individual
submitted a comment disagreeing with
the Agency’s decision to grant the
exemptions citing safety concerns.
FMCSA evaluated the eligibility of
each of these applicants and determined
that granting the exemptions would
result in a level of safety that is equal
to, or greater than, that which would
exist without the exemptions. As
discussed in Section IV: Basis for
Renewing Exemptions of the Request for
Comment Notice published on February
1, 2021 (86 FR 7769), each individual
possesses a valid license to operate a
CMV, and each individual has
submitted evidence that he or she has
continued to safely operate a CMV in
interstate commerce for a 2-year period
with their exemption. These factors
provide an adequate basis for predicting
each driver’s ability to continue to drive
safely in interstate commerce.
IV. Conclusion
Based on its evaluation of the 53
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 March and are discussed
below. As of March 1, 2021, and in
accordance with 49 U.S.C. 31136(e) and
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
16017
31315(b), the following 44 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (64 FR 68195; 65
FR 20245; 65 FR 20251; 65 FR 45817;
65 FR 57230; 65 FR 77066; 66 FR 53826;
66 FR 66966; 67 FR 38311; 67 FR 46016;
67 FR 57266; 67 FR 57267; 68 FR 1654;
68 FR 69434; 69 FR 26921; 69 FR 52741;
69 FR 64806; 69 FR 71098; 70 FR 2705;
70 FR 7545; 70 FR 44946; 70 FR 53412;
70 FR 74102; 71 FR 5105; 71 FR 19600;
71 FR 27033; 71 FR 32184; 71 FR 32185;
71 FR 41311; 71 FR 53489; 71 FR 63379;
72 FR 1051; 72 FR 1054; 72 FR 1056; 73
FR 11989; 73 FR 15567; 73 FR 27015;
73 FR 28186; 73 FR 42403; 73 FR 51336;
73 FR 51689; 73 FR 63047; 73 FR 75803;
73 FR 76439; 73 FR 78421; 73 FR 78423;
74 FR 6209; 74 FR 60021; 74 FR 60022;
75 FR 4623; 75 FR 9480; 75 FR 13653;
75 FR 19674; 75 FR 22176; 75 FR 27623;
75 FR 38602; 75 FR 47883; 75 FR 52062;
75 FR 63257; 75 FR 64396; 75 FR 72863;
75 FR 77492; 75 FR 79079; 75 FR 79083;
75 FR 79084; 76 FR 2190; 76 FR 4413;
76 FR 5425; 76 FR 67248; 76 FR 75942;
76 FR 79761; 77 FR 543; 77 FR 15184;
77 FR 17107; 77 FR 17108; 77 FR 23797;
77 FR 27850; 77 FR 29447; 77 FR 41879;
77 FR 52389; 77 FR 52391; 77 FR 60010;
77 FR 64582; 77 FR 74273; 77 FR 74734;
77 FR 75496; 77 FR 76166; 78 FR 800;
78 FR 1919; 78 FR 11731; 78 FR 12817;
78 FR 67452; 78 FR 67460; 78 FR 76707;
79 FR 1908; 79 FR 10606; 79 FR 14333;
79 FR 14571; 79 FR 17642; 79 FR 18391;
79 FR 22003; 79 FR 23797; 79 FR 27043;
79 FR 28588; 79 FR 35212; 79 FR 37842;
79 FR 38659; 79 FR 38661; 79 FR 41735;
79 FR 46300; 79 FR 47175; 79 FR 53514;
79 FR 56104; 79 FR 73397; 79 FR 73686;
79 FR 73687; 79 FR 74169; 80 FR 603;
80 FR 2473; 80 FR 3723; 80 FR 8751; 80
FR 9304; 80 FR 18693; 80 FR 67481; 81
FR 15401; 81 FR 20433; 81 FR 20435;
81 FR 26305; 81 FR 28138; 81 FR 52514;
81 FR 59266; 81 FR 66724; 81 FR 68098;
81 FR 71173; 81 FR 72664; 81 FR 74494;
81 FR 80161; 81 FR 81230; 81 FR 86063;
81 FR 90050; 81 FR 91239; 81 FR 94013;
81 FR 96165; 81 FR 96196; 82 FR 12683;
82 FR 13043; 82 FR 13048; 83 FR 2306;
83 FR 6919; 83 FR 15195; 83 FR 28325;
83 FR 28332; 83 FR 34661; 83 FR 53724;
83 FR 56140; 83 FR 56902; 84 FR 2309;
84 FR 2311; 84 FR 2314; 84 FR 16320):
Kurtis A. Anderson (SD)
Alan A. Andrews (NE)
Teddy S. Bioni (PA)
Duane N. Brojer (NM)
Chad L. Burnham (ME)
Derric D. Burrell (AL)
Laurence R. Casey (MA)
Thomas A. Crowell (NC)
Kevin J. Embrey (IN)
Douglas K. Esp (MT)
E:\FR\FM\25MRN1.SGM
25MRN1
16018
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
Liam F. Gilliland (MA)
Gary A. Goostree (OH)
Brian G. Hagen (IL)
Todd M. Harguth (MN)
Guadalupe J. Hernandez (IN)
Clarence K. Hill (NC)
Justin A. Hooper (MO)
Samuel L. Klaphake (MN)
Dennis E. Krone (IL)
John C. Lewis (SC)
Ernest B. Martin (KY)
Terrence L. McKinney (TX)
Norman Mullins (OH)
Robert H. Nelson (VA)
Lance C. Phares (NY)
Jack E. Potts, Jr. (PA)
Don C. Powell (NY)
Monte L. Purciful (IN)
Luis Ramos (FL)
George S. Rayson (OH)
Charles D. Reddick (GA)
Antonio Rivera (PA)
Ricky D. Rostad (MN)
Julius Simmons, Jr. (SC)
William T. Smiley (MD)
Michael G. Somma (NY)
Joshua R. Stanley (OK)
Douglas R. Strickland (NC)
David M. Taylor (MO)
Bruce A. Walker (WI)
Scott C. Westphal (MN)
Edward C. Williams (AL)
Steven E. Williams (GA)
Olen L. Williams, Jr. (TN)
The drivers were included in docket
number FMCSA–1999–6480; FMCSA–
2000–7006; FMCSA–2000–7363;
FMCSA–2001–10578; FMCSA–2002–
12294; FMCSA–2004–19477; FMCSA–
2005–23238; FMCSA–2006–24783;
FMCSA–2006–26066; FMCSA–2008–
0021; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2009–0011;
FMCSA–2009–0303; FMCSA–2010–
0187; FMCSA–2010–0354; FMCSA–
2010–0385; FMCSA–2011–0276;
FMCSA–2011–0379; FMCSA–2012–
0161; FMCSA–2012–0339; FMCSA–
2013–0174; FMCSA–2014–0002;
FMCSA–2014–0003; FMCSA–2014–
0006; FMCSA–2014–0007; FMCSA–
2014–0299; FMCSA–2014–0300;
FMCSA–2016–0027; FMCSA–2016–
0031; FMCSA–2016–0033; FMCSA–
2016–0210; FMCSA–2016–0212;
FMCSA–2018–0207. Their exemptions
were applicable as of March 1, 2021,
and will expire on March 1, 2023.
As of March 4, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), Ralph J. Miles (OR) has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (67 FR 76439; 68
FR 10298; 70 FR 7545; 72 FR 7812; 74
FR 6689; 76 FR 9859; 78 FR 8689; 80 FR
7678; 82 FR 13043; 84 FR 16320).
VerDate Sep<11>2014
17:52 Mar 24, 2021
Jkt 253001
This driver was included in docket
number FMCSA–2002–13411. The
exemption was applicable as of March
4, 2021, and will expire on March 4,
2023.
As of March 7, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (80 FR 6162; 80
FR 20562; 82 FR 13043; 84 FR 16320):
Steven D. Ellsworth (IL); and Richard A.
Pierce (MO)
The drivers were included in docket
number FMCSA–2014–0301. Their
exemptions were applicable as of March
7, 2021, and will expire on March 7,
2023.
As of March 9, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (84
FR 2323; 84 FR 16336):
Henry J. Hughes (MN); Emmanuel A.
Sepulveda (CA); and Nyrone Whyte
(CT)
The drivers were included in docket
number FMCSA–2018–0209. Their
exemptions were applicable as of March
9, 2021, and will expire on March 9,
2023.
As of March 23, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (65
FR 78256; 66 FR 16311; 67 FR 76439;
68 FR 10298; 68 FR 13360; 70 FR 7545;
70 FR 12265; 72 FR 7812; 72 FR 11426;
73 FR 51689; 73 FR 63047; 74 FR 6689;
74 FR 8302; 75 FR 77949; 76 FR 9859;
76 FR 11215; 78 FR 8689; 78 FR 12822;
80 FR 15859; 82 FR 13043; 84 FR
16320):
Howard K. Bradley (VA); Thomas F.
Marczewski (WI); and Wade D. Taylor
(MO)
The drivers were included in docket
numbers FMCSA–2000–8398; FMCSA–
2002–13411; FMCSA–2008–0266. Their
exemptions are applicable as of March
23, 2021, and will expire on March 23,
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
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
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. 2021–06148 Filed 3–24–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2003–14223; FMCSA–
2005–20027; FMCSA–2009–0054; FMCSA–
2010–0114; FMCSA–2010–0385; FMCSA–
2011–0057; FMCSA–2012–0338; FMCSA–
2013–0021; FMCSA–2013–0022; FMCSA–
2013–0023; FMCSA–2014–0010; FMCSA–
2014–0302; FMCSA–2016–0028; FMCSA–
2016–0206; FMCSA–2019–0008]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 17
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirements in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before April 26, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2003–14223, Docket No.
FMCSA–2005–20027, Docket No.
FMCSA–2009–0054, Docket No.
FMCSA–2010–0114, Docket No.
FMCSA–2010–0385, Docket No.
FMCSA–2011–0057, Docket No.
FMCSA–2012–0338, Docket No.
FMCSA–2013–0021, Docket No.
FMCSA–2013–0022, Docket No.
FMCSA–2013–0023, Docket No.
FMCSA–2014–0010, Docket No.
FMCSA–2014–0302, Docket No.
FMCSA–2016–0028, Docket No.
FMCSA–2016–0206, or Docket No.
SUMMARY:
E:\FR\FM\25MRN1.SGM
25MRN1
Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 16016-16018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06148]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-
2000-8398; FMCSA-2001-10578; FMCSA-2002-12294; FMCSA-2002-13411; FMCSA-
2004-19477; FMCSA-2005-23238; FMCSA-2006-24783; FMCSA-2006-26066;
FMCSA-2008-0021; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2009-0011;
FMCSA-2009-0303; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385;
FMCSA-2011-0276; FMCSA-2011-0379; FMCSA-2012-0161; FMCSA-2012-0339;
FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0006;
FMCSA-2014-0007; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301;
FMCSA-2016-0027; FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-0210;
FMCSA-2016-0212; FMCSA-2018-0207; FMCSA-2018-0209]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 53
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.
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:
[[Page 16017]]
I. Public Participation
A. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-1999-6480, FMCSA-2000-7006, FMCSA-2000-7363, FMCSA-2000-
8398, FMCSA-2001-10578, FMCSA-2002-12294, FMCSA-2002-13411, FMCSA-2004-
19477, FMCSA-2005-23238, FMCSA-2006-24783, FMCSA-2006-26066, FMCSA-
2008-0021, FMCSA-2008-0266, FMCSA-2008-0340, FMCSA-2009-0011, FMCSA-
2009-0303, FMCSA-2010-0187, FMCSA-2010-0354, FMCSA-2010-0385, FMCSA-
2011-0276, FMCSA-2011-0379, FMCSA-2012-0161, FMCSA-2012-0339, FMCSA-
2013-0174, FMCSA-2014-0002, FMCSA-2014-0003, FMCSA-2014-0006, FMCSA-
2014-0007, FMCSA-2014-0299, FMCSA-2014-0300, FMCSA-2014-0301, FMCSA-
2016-0027, FMCSA-2016-0031, FMCSA-2016-0033, FMCSA-2016-0210, FMCSA-
2016-0212, FMCSA-2018-0207, or FMCSA-2018-0209 in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click ``Browse Comments.'' 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 February 1, 2021, FMCSA published a notice announcing its
decision to renew exemptions for 53 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 (86 FR 7769). The
public comment period ended on March 3, 2021, and two comments were
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 two comments in this proceeding. An anonymous
individual submitted a comment stating that commercial drivers should
be held to stricter driving requirements, including acceptable vision
in both eyes, due to their hours of work. Another anonymous individual
submitted a comment disagreeing with the Agency's decision to grant the
exemptions citing safety concerns.
FMCSA evaluated the eligibility of each of these applicants and
determined that granting the exemptions would result in a level of
safety that is equal to, or greater than, that which would exist
without the exemptions. As discussed in Section IV: Basis for Renewing
Exemptions of the Request for Comment Notice published on February 1,
2021 (86 FR 7769), each individual possesses a valid license to operate
a CMV, and each individual has submitted evidence that he or she has
continued to safely operate a CMV in interstate commerce for a 2-year
period with their exemption. These factors provide an adequate basis
for predicting each driver's ability to continue to drive safely in
interstate commerce.
IV. Conclusion
Based on its evaluation of the 53 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 March and
are discussed below. As of March 1, 2021, and in accordance with 49
U.S.C. 31136(e) and 31315(b), the following 44 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (64 FR
68195; 65 FR 20245; 65 FR 20251; 65 FR 45817; 65 FR 57230; 65 FR 77066;
66 FR 53826; 66 FR 66966; 67 FR 38311; 67 FR 46016; 67 FR 57266; 67 FR
57267; 68 FR 1654; 68 FR 69434; 69 FR 26921; 69 FR 52741; 69 FR 64806;
69 FR 71098; 70 FR 2705; 70 FR 7545; 70 FR 44946; 70 FR 53412; 70 FR
74102; 71 FR 5105; 71 FR 19600; 71 FR 27033; 71 FR 32184; 71 FR 32185;
71 FR 41311; 71 FR 53489; 71 FR 63379; 72 FR 1051; 72 FR 1054; 72 FR
1056; 73 FR 11989; 73 FR 15567; 73 FR 27015; 73 FR 28186; 73 FR 42403;
73 FR 51336; 73 FR 51689; 73 FR 63047; 73 FR 75803; 73 FR 76439; 73 FR
78421; 73 FR 78423; 74 FR 6209; 74 FR 60021; 74 FR 60022; 75 FR 4623;
75 FR 9480; 75 FR 13653; 75 FR 19674; 75 FR 22176; 75 FR 27623; 75 FR
38602; 75 FR 47883; 75 FR 52062; 75 FR 63257; 75 FR 64396; 75 FR 72863;
75 FR 77492; 75 FR 79079; 75 FR 79083; 75 FR 79084; 76 FR 2190; 76 FR
4413; 76 FR 5425; 76 FR 67248; 76 FR 75942; 76 FR 79761; 77 FR 543; 77
FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 23797; 77 FR 27850; 77 FR
29447; 77 FR 41879; 77 FR 52389; 77 FR 52391; 77 FR 60010; 77 FR 64582;
77 FR 74273; 77 FR 74734; 77 FR 75496; 77 FR 76166; 78 FR 800; 78 FR
1919; 78 FR 11731; 78 FR 12817; 78 FR 67452; 78 FR 67460; 78 FR 76707;
79 FR 1908; 79 FR 10606; 79 FR 14333; 79 FR 14571; 79 FR 17642; 79 FR
18391; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 28588; 79 FR 35212;
79 FR 37842; 79 FR 38659; 79 FR 38661; 79 FR 41735; 79 FR 46300; 79 FR
47175; 79 FR 53514; 79 FR 56104; 79 FR 73397; 79 FR 73686; 79 FR 73687;
79 FR 74169; 80 FR 603; 80 FR 2473; 80 FR 3723; 80 FR 8751; 80 FR 9304;
80 FR 18693; 80 FR 67481; 81 FR 15401; 81 FR 20433; 81 FR 20435; 81 FR
26305; 81 FR 28138; 81 FR 52514; 81 FR 59266; 81 FR 66724; 81 FR 68098;
81 FR 71173; 81 FR 72664; 81 FR 74494; 81 FR 80161; 81 FR 81230; 81 FR
86063; 81 FR 90050; 81 FR 91239; 81 FR 94013; 81 FR 96165; 81 FR 96196;
82 FR 12683; 82 FR 13043; 82 FR 13048; 83 FR 2306; 83 FR 6919; 83 FR
15195; 83 FR 28325; 83 FR 28332; 83 FR 34661; 83 FR 53724; 83 FR 56140;
83 FR 56902; 84 FR 2309; 84 FR 2311; 84 FR 2314; 84 FR 16320):
Kurtis A. Anderson (SD)
Alan A. Andrews (NE)
Teddy S. Bioni (PA)
Duane N. Brojer (NM)
Chad L. Burnham (ME)
Derric D. Burrell (AL)
Laurence R. Casey (MA)
Thomas A. Crowell (NC)
Kevin J. Embrey (IN)
Douglas K. Esp (MT)
[[Page 16018]]
Liam F. Gilliland (MA)
Gary A. Goostree (OH)
Brian G. Hagen (IL)
Todd M. Harguth (MN)
Guadalupe J. Hernandez (IN)
Clarence K. Hill (NC)
Justin A. Hooper (MO)
Samuel L. Klaphake (MN)
Dennis E. Krone (IL)
John C. Lewis (SC)
Ernest B. Martin (KY)
Terrence L. McKinney (TX)
Norman Mullins (OH)
Robert H. Nelson (VA)
Lance C. Phares (NY)
Jack E. Potts, Jr. (PA)
Don C. Powell (NY)
Monte L. Purciful (IN)
Luis Ramos (FL)
George S. Rayson (OH)
Charles D. Reddick (GA)
Antonio Rivera (PA)
Ricky D. Rostad (MN)
Julius Simmons, Jr. (SC)
William T. Smiley (MD)
Michael G. Somma (NY)
Joshua R. Stanley (OK)
Douglas R. Strickland (NC)
David M. Taylor (MO)
Bruce A. Walker (WI)
Scott C. Westphal (MN)
Edward C. Williams (AL)
Steven E. Williams (GA)
Olen L. Williams, Jr. (TN)
The drivers were included in docket number FMCSA-1999-6480; FMCSA-
2000-7006; FMCSA-2000-7363; FMCSA-2001-10578; FMCSA-2002-12294; FMCSA-
2004-19477; FMCSA-2005-23238; FMCSA-2006-24783; FMCSA-2006-26066;
FMCSA-2008-0021; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2009-0011;
FMCSA-2009-0303; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2010-0385;
FMCSA-2011-0276; FMCSA-2011-0379; FMCSA-2012-0161; FMCSA-2012-0339;
FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0006;
FMCSA-2014-0007; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2016-0027;
FMCSA-2016-0031; FMCSA-2016-0033; FMCSA-2016-0210; FMCSA-2016-0212;
FMCSA-2018-0207. Their exemptions were applicable as of March 1, 2021,
and will expire on March 1, 2023.
As of March 4, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Ralph J. Miles (OR) has satisfied the renewal conditions for
obtaining an exemption from the vision requirement in the FMCSRs for
interstate CMV drivers (67 FR 76439; 68 FR 10298; 70 FR 7545; 72 FR
7812; 74 FR 6689; 76 FR 9859; 78 FR 8689; 80 FR 7678; 82 FR 13043; 84
FR 16320).
This driver was included in docket number FMCSA-2002-13411. The
exemption was applicable as of March 4, 2021, and will expire on March
4, 2023.
As of March 7, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 6162; 80 FR 20562; 82 FR
13043; 84 FR 16320):
Steven D. Ellsworth (IL); and Richard A. Pierce (MO)
The drivers were included in docket number FMCSA-2014-0301. Their
exemptions were applicable as of March 7, 2021, and will expire on
March 7, 2023.
As of March 9, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (84 FR 2323; 84 FR 16336):
Henry J. Hughes (MN); Emmanuel A. Sepulveda (CA); and Nyrone Whyte (CT)
The drivers were included in docket number FMCSA-2018-0209. Their
exemptions were applicable as of March 9, 2021, and will expire on
March 9, 2023.
As of March 23, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 78256; 66 FR 16311; 67 FR
76439; 68 FR 10298; 68 FR 13360; 70 FR 7545; 70 FR 12265; 72 FR 7812;
72 FR 11426; 73 FR 51689; 73 FR 63047; 74 FR 6689; 74 FR 8302; 75 FR
77949; 76 FR 9859; 76 FR 11215; 78 FR 8689; 78 FR 12822; 80 FR 15859;
82 FR 13043; 84 FR 16320):
Howard K. Bradley (VA); Thomas F. Marczewski (WI); and Wade D. Taylor
(MO)
The drivers were included in docket numbers FMCSA-2000-8398; FMCSA-
2002-13411; FMCSA-2008-0266. Their exemptions are applicable as of
March 23, 2021, and will expire on March 23, 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. 2021-06148 Filed 3-24-21; 8:45 am]
BILLING CODE 4910-EX-P