Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
15 June 2016
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39098-39100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14141]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-
2003-15268; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017;
FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303;
FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275;
FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027;
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166;
FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
120 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.
DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below.
FOR FURTHER INFORMATION CONTACT: 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.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may submit comments using the following Federal Docket
Management System (FDMS) Docket Nos. discussed in this notice using any
of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers 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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (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 on-line.
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.dot.gov/privacy.
II. Background
On December 24, 2015, FMCSA published a notice of intent to renew
the exemptions of drivers who have previously held exemptions, and
requested comments from the public (80 FR 80443). The 120 individuals
have held exemptions from the vision requirement in 49 CFR
391.41(b)(10) for drivers who operate CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
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 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. FMCSA encourages you to participate by
submitting comments and related materials.
[[Page 39099]]
IV. Basis for Renewing Exemptions
This notice addresses 120 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 120 applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of January
and are discussed below.
As of January 3, 2016 the following 41 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (64 FR 54948; 65 FR 159; 66 FR 53826; 66 FR 66966; 66 FR
66969; 68 FR 69432; 68 FR 69434; 70 FR 53412; 70 FR 57353; 70 FR 72689;
70 FR 74102; 71 FR 32183; 71 FR 41310; 71 FR 644; 72 FR 180; 72 FR
8417; 72 FR 9397; 72 FR 36099; 72 FR 39879; 72 FR 52419; 72 FR 62897;
72 FR 71995; 73 FR 60398; 74 FR 8302; 74 FR 34394; 74 FR 37295; 74 FR
41971; 74 FR 48343; 74 FR 60021; 74 FR 65847; 75 FR 25917; 75 FR 39727;
76 FR 12216; 76 FR 34135; 76 FR 49528; 76 FR 53708; 76 FR 54530; 76 FR
55465; 76 FR 61143; 76 FR 64169; 76 FR 64171; 76 FR 67246; 76 FR 70210;
76 FR 70212; 76 FR 75942; 76 FR 75943; 76 FR 79760; 78 FR 24798; 78 FR
34143; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986;
78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 65032; 78 FR
66099; 78 FR 67452; 78 FR 67460; 78 FR 76395; 78 FR 76705; 78 FR 77778;
78 FR 77780; 78 FR 77782; 78 FR 78477; 80 FR 80443):
Terry L. Baker (KY)
Woodrow E. Bohley (MO)
Jason W. Bowers (OR)
Scott Brady (FL)
Kenneth E. Bross (MO)
Junior Chavarria (NM)
William Chisley (MD)
Walter F. Crean, III (CT)
Terry D. Elliott (TN)
Ronnie J. Fieck (WI)
Frederick E. Foster (VA)
Gerald W. Fox (PA)
Raymond L. Herman (NY)
Wesley V. Holland (NC)
Darryl H. Johnson (WV)
Carol Kelly (IN)
Martin D. Keough (NY)
Richard H. Kind (WA)
Eric L. Kinner (NY)
Volga Kirkwood (MO)
Richard L. Loeffelholz (WI)
Stanley B. Marshall (GA)
Herman C. Mash (NC)
James McCleary (OH)
Humberto Mendoza (TX)
Marvin L. Motes (FL)
Gerald L. Pagan (NC)
Daniel F. Perez (CA)
Robert G. Rascicot (FL)
Michael J. Robinson (WV)
Glen M. Schulz (IA)
Levi A. Shetler (OH)
Herbert W. Smith (WV)
Juan E. Sotero (FL)
James A. Spell (MD)
Timothy R. Steckman (IL)
Paul D. Stoddard (NY)
Harry J. Stoever, Jr. (NJ)
Eric Taniguchi (HI)
Benny R. Toothman (PA)
Stephen H. Ward (MO)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-6156; FMCSA-2001-10578; FMCSA-2005-22194; FMCSA-2006-
24783; FMCSA-2006-25246; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-
2009-0154; FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-
2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169. Their
exemptions are effective as of January 3, 2016 and will expire on
January 3, 2018.
As of January 5, 2016, the following 3 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (76 FR 70213; 77 FR 541; 78 FR 74223; 80 FR 80443):
Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0298. Their exemptions are effective as of January 5,
2016 and will expire on January 5, 2018.
As of January 8, 2016, the following 10 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (72 FR 67340; 73 FR 1395; 74 FR 65845; 76 FR 78728; 78 FR
76704; 80 FR 80443):
Richard D. Becotte (NH)
Wayne A. Burnett (NC)
Boleslaw Makowski (WI)
Charles M. Moore (TX)
Gary T. Murray (GA)
Anthony D. Ovitt (VT)
Martin Postma (IL)
Steven S. Reinsvold (WI)
George E. Todd (WV)
Bradley A. Weiser (OH)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2007-0017. Their exemptions are effective as of January 8,
2016 and will expire on January 8, 2018.
As of January 9, 2016, the following individual, Juan R. Andrade
(TX), has satisfied the conditions for obtaining a renewed exemption
from the vision requirements (78 FR 64271; 79 FR 2748; 80 FR 80443).
The driver was included in the following docket: Docket No. FMCSA-2013-
0167. The exemption is effective as of January 9, 2016 and will expire
on January 9, 2018.
As of January 15, 2016, the following 15 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (78 FR 64271; 79 FR 2748; 80 FR 80443):
Ronald C. Ashley (GA)
Miguel A. Calderon (CA)
Terry L. Cliffe (IL)
Andrew S. Durward (IL)
James P. Fitzgerald (MA)
Louis E. Henry, Jr. (KY)
Adam S. Larson (CO)
Sally A. Leavitt (NV)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Larry P. Magrath (MN)
Richard J. Pauxtis (OR)
Johnny L. Powell (MD)
Roy A. Whitaker (TX)
Sammy D. Wynn (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0167. Their exemptions are effective as of January 15,
2016 and will expire on January 15, 2018.
As of January 24, 2016, the following 7 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (76 FR 64164; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR
3547; 79 FR 2247; 80 FR 80443):
Adam O. Carson (MS)
Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)
Roger W. Hammack (AL)
Herman Martinez (NM)
Gilford J. Whittle (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299. Their exemptions
are effective as of January 24, 2016 and will expire on January 24,
2018.
As of January 27, 2016, the following 13 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (65 FR 66286; 66 FR 13825; 68 FR 10300; 68 FR 37197; 68 FR
52811; 68 FR 61860; 70 FR 41811; 70 FR 48797; 70 FR 48798; 70 FR 48799;
70 FR 48800; 70 FR 48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR
72689; 71 FR 4632; 72 FR 52422; 72 FR 58359; 72 FR 62897; 73 FR 1395;
73 FR 5259; 74 FR 60021; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR
545; 78 FR 78475; 80 FR 80443):
[[Page 39100]]
Arthur L. Bousema (CA)
Norman E. Braden (CO)
Matthew W. Daggs (MO)
Donald R. Date, Jr. (MD)
Gordon R. Fritz (WI)
Ronald K. Fultz (KY)
John E. Kimmet, Jr. (WA)
Robert C. Leathers (MO)
Jason L. Light (ID)
Kenneth R. Murphy (WA)
Michael J. Richard (LA)
Robert E. Sanders (PA)
Robert A. Sherry (PA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2000-7918; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-
21711; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions are
effective as of January 27, 2016 and will expire on January 27, 2018.
As of January 28, 2016, the following 9 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (74 FR 60022; 75 FR 4623; 77 FR 543; 78 FR 76707; 80 FR
80443):
James J. Coffield (NM)
Roy E. Crayne (WA)
James A. Dubay (MI)
Donald E. Halvorson (NM)
Roger D. Kool (IA)
Phillip J.C. Locke (CO)
Brian T. Nelson (MN)
Christopher M. Rivera (NM)
Robert E. Whitney (IL)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2009-0303. Their exemptions are effective as of January 28,
2016 and will expire on January 28, 2018.
As of January 29, 2016, the following 21 individuals have satisfied
the conditions for obtaining a renewed exemption from the vision
requirements (78 FR 67454; 79 FR 4803; 80 FR 80443):
Calvin J. Barbour (NY)
Martin D. Bellcour (WI)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Mark A. Farnsley (IN)
Michael L. Fiamingo (PA)
Kenric J. Fields (DE)
Randall Hjelmtveit (MN)
Randy G. Kinney (IL)
Hector Marquez (TX)
Dennis R. Martinez (NM)
Fred A. Miller, Jr. (CA)
Joseph K. Parley (WI)
Robert L. Pearson (GA)
Ryan R. Ross (SC)
Troy M. Ruhlman (PA)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
David R. Webb, Jr. (IL)
Wesley A. Willis (NJ)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0170. Their exemptions are effective as of January 29,
2016 and will expire on January 29, 2018.
Each of these 120 applicants has requested renewal of the exemption
and has 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.
V. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (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 medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual 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.
VI. Conclusion
Based upon its evaluation of the 120 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 2 years unless revoked earlier by FMCSA. The
exemption will be revoked 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 and 31315.
If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.
Issued on: June 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14141 Filed 6-14-16; 8:45 am]
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