[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33542-33544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14919]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26653; 
FMCSA-2007-27333; FMCSA-2008-0021; FMCSA-2008-0398; FMCSA-2009-0054; 
FMCSA-2009-0121; FMCSA-2010-0327; FMCSA-2010-0413; FMCSA-2011-0024; 
FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2012-0338; FMCSA-2013-0022; 
FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0302; FMCSA-2014-0304; 
FMCSA-2014-0305; FMCSA-2014-0048; FMCSA-2015-0049; FMCSA-2015-0052]


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 88 
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 was 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 August 
21, 2017.

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., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2005-20027; FMCSA-2005-20560; 
FMCSA-2006-26653; FMCSA-2007-27333; FMCSA-2008-0021; FMCSA-2008-0398; 
FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2010-0327; FMCSA-2010-0413; 
FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2012-0338; 
FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0302; 
FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2014-0048; FMCSA-2015-0049; 
FMCSA-2015-0052 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; 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., 
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years 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 two-year period.
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to driver 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 88 individuals listed in this notice have requested renewal of 
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits

[[Page 33543]]

and decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the 88 applicants has satisfied the renewal conditions for obtaining an 
exemption from the vision requirement (70 FR 2701; 70 FR 16887; 70 FR 
17504; 70 FR 30997; 72 FR 8417; 72 FR 12666; 72 FR 25831; 72 FR 27624; 
72 FR 36099; 73 FR 15567; 73 FR 27015; 74 FR 7097; 74 FR 11988; 74 FR 
15584; 74 FR 19270; 74 FR 21427; 74 FR 21796; 74 FR 26461; 74 FR 26466; 
74 FR 34630; 75 FR 19674; 75 FR 65057; 75 FR 79081; 76 FR 1493; 76 FR 
12408; 76 FR 17481; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29022; 
76 FR 34135; 76 FR 37168; 76 FR 37173; 76 FR 37885; 76 FR 44082; 77 FR 
23797; 77 FR 74731; 78 FR 800; 78 FR 12811; 78 FR 12815; 78 FR 22596; 
78 FR 22602; 78 FR 24300; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 
34140; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 
78 FR 57679; 79 FR 23797; 80 FR 603; 80 FR 12248; 80 FR 14220; 80 FR 
14223; 80 FR 16502; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 
80 FR 26320; 80 FR 29152; 80 FR 31636; 80 FR 31640; 80 FR 31957; 80 FR 
33007; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 45573; 
80 FR 48404; 80 FR 48409; 80 FR 48413). They have submitted evidence 
showing that the vision in the better eye continues to meet the 
requirement specified at 49 CFR 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 two 
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 two 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, the following 
groups of drivers received renewed exemptions in the month of July and 
are discussed below:
    As of July 2, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 32 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (70 FR 2701; 
70 FR 16887; 70 FR 17504; 70 FR 30997; 72 FR 8417; 72 FR 27624; 72 FR 
36099; 73 FR 15567; 73 FR 27015; 74 FR 7097; 74 FR 11988; 74 FR 15584; 
74 FR 19270; 74 FR 21427; 74 FR 21796; 74 FR 26466; 75 FR 19674; 75 FR 
65057; 76 FR 17481; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 37173; 
76 FR 37885; 77 FR 23797; 77 FR 74731; 78 FR 800; 78 FR 12811; 78 FR 
12815; 78 FR 22596; 78 FR 22602; 78 FR 24300; 78 FR 26106; 78 FR 37270; 
78 FR 57679; 79 FR 23797; 80 FR 603; 80 FR 12248; 80 FR 14220; 80 FR 
14223; 80 FR 16502; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 
80 FR 26320; 80 FR 29152; 80 FR 31640; 80 FR 31957; 80 FR 33011; 80 FR 
45573; 80 FR 48409):

Michael W. Anderson (NM)
Michael R. Bradford (MD)
Ralph H. Bushman (IL)
William D. Cardiff (IL)
John J. Caricola, Jr. (NC)
Adan Cortes-Juarez (WA)
David L. Ellis (OK)
Denise M. Engle (GA)
Robert A. Goerl, Jr. (PA)
Wade M. Hillmer (MN)
Paul M. Hinkson (TN)
Michael W. Jensen (CA)
Clifford D. Johnson (VA)
Michael Lafferty (ID)
Mark L. LeBlanc (MN)
Michael J. McGregan (FL)
Felix L. McLean (NM)
Anthony R. Miles (NV)
Jerry D. Paul (OK)
John P. Perez (FL)
Raymond W. Pitts (FL)
William A. Ramirez Vasquez (CA)
Donald W. Randall (OR)
Raymond Sherrill (PA)
Kyle C. Shover (NJ)
Charles H. Smith (IN)
George Stapleton (GA)
David B. Stone (OK)
David M. Stout (OR)
James K. Waites (AR)
John E. Westbrook (LA)
Jason R. White (OH)

    The drivers were included in one of the following docket Nos: 
FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26653; FMCSA-2008-0021; 
FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-2010-0327; FMCSA-2011-0024; 
FMCSA-2011-0092; FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2014-0302; 
FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2015-0048. Their exemptions are 
applicable as of July 2, 2017, and will expire on July 2, 2019.
    As of July 7, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 8 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (80 FR 
31636; 80 FR 48413):

Robert A. Buckley (IN)
Jose J. Guzman-Olguin (IL)
Stephen T. Hines (NJ)
James J. Keranen (MI)
Herbert S. Lear (PA)
Nathan C. Nissen (IA)
Gregory S. Richter (PA)
George Tomecek (PA)

    The drivers were included in docket No. FMCSA-2015-0049. Their 
exemptions are applicable as of July 7, 2017, and will expire on July 
7, 2019.
    As of July 9, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 5 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (78 FR 
41188; 78 FR 27281; 78 FR 41188; 80 FR 33007):

Brian G. Dvorak (IL)
Charles T. Spears (VA)
Brian E. Tessman (WI)
Gregory J. Thurston (PA)
Donald Torbett (IA)

    The drivers were included in docket No. FMCSA-2013-0028. Their 
exemptions are applicable as of July 9, 2017, and will expire on July 
9, 2019.
    As of July 16, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 7 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (74 FR 
26461; 74 FR 34630; 76 FR 1493; 76 FR 12408; 76 FR 37168; 78 FR 51269):

Steven L. Forristall (WI)
Rocky D. Gysberg (MN)
Charles H. Lefew (VA)
Joseph B. Peacock (NC)
James M. Tennyson (MD)
Steven L. Thomas (IN)
Daniel A. Wescott (CO)

    The drivers were included in one of the following docket Nos: 
FMCSA-2009-0413; FMCSA-2009-0121. Their exemptions are applicable as of 
July 16, 2017, and will expire on July 16, 2019.
    As of July 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 12 individuals have satisfied

[[Page 33544]]

the conditions for obtaining a renewed exemption from the vision 
requirements (72 FR 72666; 72 FR 25831; 74 FR 19270; 76 FR 29022; 76 FR 
34135; 76 FR 44082; 78 FR 34140; 78 FR 51268; 80 FR 36398):

Stanley C. Anders (SD)
Joel A. Cabrera (FL)
Sherman W. Clapper (ID)
Eric Esplin (UT)
Ronald R. Fournier (NY)
Ronald D. Jackman II (NV)
Thomas W. Kent (IN)
Robert J. MacInnis (MA)
Steven A. Proctor (TX)
Rodney W. Sukalski (MN)
Larry D. Warneke (WA)
Lonnie Wendinger (MN)

    The drivers were included in one of the following docket Nos: 
FMCSA-2007-27333; FMCSA-2011-0102. Their exemptions are applicable as 
of July 22, 2017, and will expire on July 22, 2019.
    As of July 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 19 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (80 FR 
35699; 80 FR 48404):

Robert J. Bickel (MI)
Steven R. Brinegar (TX)
Garry D. Burkholder (PA)
Dennis W. Cosens (NM)
William J. Garigulo (OH)
Wladyslaw Gogola (IL)
Antonio Gomez (PA)
Mark A. Grenier (CT)
Acquillious Jackson III (SC)
Jimmy D. Johnson, II (TN)
Bradley J. Kearl (UT)
Larry G. Kreke (IL)
Christopher P. Mrockza (MD)
Gary A. Oster (OR)
Mark A. Pleskovitch (IL)
Edward J. Puto (CT)
Andrew P. Risner (OH)
Kyle B. Sharp (MI)
Francis A. St. Pierre (NH)

    The drivers were included docket No. FMCSA-2015-0052. Their 
exemptions are applicable as of July 23, 2017, and will expire on July 
23, 2019.
    As of July 31, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 5 individuals have satisfied the conditions for 
obtaining a renewed exemption from the vision requirements (76 FR 
25766; 76 FR 37885; 78 FR 37270; 80 FR 31640):

Anthony Luciano (CT)
David McKinney (OR)
Frank L. O'Rourke (NY)
Larry F. Reber (OH)
Edward Swaggerty, Jr. (OH)

    The drivers were included in docket No. FMCSA-2011-0092. Their 
exemptions are applicable as of July 31, 2017, and will expire on July 
31, 2019.

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 v\vision in the 
better eye continues to meet the requirements in 49 CFR 391.41(b)(10), 
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, 
who attests that the driver is otherwise physically qualified under 49 
CFR 391.41; (2) each driver must provide a copy of the 
ophthalmologist's or optometrist's report to the Medical Examiner 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 and retains a copy of the 
certification on his/her person while 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.

IV. 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 88 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the vision 
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited 
above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 
31315, each exemption will be valid for two years unless revoked 
earlier by FMCSA.

    Issued on: June 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14919 Filed 7-19-17; 8:45 am]
 BILLING CODE 4910-EX-P