Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
13 December 2016
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 90048-90050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29826]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2001-11426; FMCSA-2002-12844; FMCSA-2003-16564;
FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2007-0071;
FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0321;
FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2011-0365;
FMCSA-2011-0366; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174]
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 exemptions for 91
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 effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
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.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to http//www.regulations.gov and/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.
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.
II. Background
On April 7, 2016, FMCSA published a notice announcing its decision
to renew exemptions for 91 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 (81 FR 20433). The public comment
period ended on May 9, 2016 and no comments were received.
As stated in the previous notice, 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 49 CFR 391.41(b)(10).
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.
III. Discussion of Comments
FMCSA received no comments in this preceding.
[[Page 90049]]
IV. Conclusion
Based upon its evaluation of the 91 renewal exemption applications
and that there were no comments received, FMCSA confirms its decision
to exempt the following drivers from the vision requirement in 49 CFR
391.41 (b)(10), subject to the requirements cited above:
As of March 2, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (70 FR
71884; 71 FR 4632; 73 FR 5259; 74 FR 43217; 74 FR 57551; 74 FR 65842;
75 FR 1451; 75 FR 9482; 76 FR 37169; 76 FR 50318; 76 FR 53710; 76 FR
75942; 76 FR 75943; v77 FR 539; 77 FR 545; 77 FR 10604; 77 FR 10608; 77
FR 10604; 78 FR 63302; 78 FR 64271; 78 FR 64274; 79 FR 10619):
John P. Bails (IA)
Donald J. Bierwirth, Jr. (CT)
Lester E. Burns (NM)
Cris D. Bush (TN)
Bruce A. Cameron (ND)
Billy C. Chenault (NM)
Eugene Contreras (NM)
Jim L. Davis (NM)
Eric DeFrancesco (PA)
David E. Evans (NC)
Jason L. Hoovan (UT)
Amos W. Hulsey (AL)
Brandon C. Koopman (NE)
Curtis M. Lawless (VA)
Norman V. Myers (WA)
Millard F. Neace II (WV)
William E. Norris (NC)
Paul D. Prillaman (VA)
Richard E. Purvenas, Jr. (DE)
Scott Randol (MO)
Mark C. Reineke (NM)
Miguel A. Sanchez (NM)
Tigran Semerjyan (CA)
Lawrence D. Ventimiglia (NV)
James Vickery (KY)
Norman J. Watson (NC)
Reginald J. Wuethrich (IL)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-2005-22727; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2011-
0140; FMCSA-2011-0141; FMCSA-2011-0325; FMCSA-2013-0167; FMCSA-2013-
0168; FMCSA-2013-0169; FMCSA-2013-0170. Their exemptions are effective
as of March 2, 2016 and will expire on March 2, 2018.
As of March 5, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (68 FR
74699; 69 FR 10503; 70 FR 57353; 70 FR 72689; 71 FR 6829; 72 FR 39879;
72 FR 52419; 72 FR 62897; 73 FR 8392; 74 FR 64124; 75 FR 8184; 77 FR
7233; 79 FR 10602):
Lee A. Burke (WI)
Barton C. Caldara (WI)
Allan Darley (UT)
Richard Hailey, Jr. (DC)
Robert V. Hodges (IL)
John R. Knott, III (MD)
Timothy S. Miller (AZ)
Edward D. Pickle (GA)
Robert L. Thies (IN)
James T. Wortham, Jr. (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2007-27897. Their
exemptions are effective as of March 5, 2016 and will expire on March
5, 2018.
As of March 7, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 6 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (77 FR 3552;
77 FR 13691; 79 FR 12565):
Richard P. Frederiksen (WY)
Samuel V. Holder (IL)
Dennis J. Lessard (IN)
Jerry L. Pettijohn (OK)
Jake F. Richter (KS)
Robert J. Townsley (VA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0365. Their exemptions are effective as of March 7, 2016
and will expire on March 7, 2018.
As of March 13, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 20 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (79 FR 1908;
79 FR 14333):
Jeffrey A. Benoit (VA)
Norvan D. Brown (IA)
Jackie K. Curlin (KY)
Justin W. Demarchi (OH)
Gary A. Goostree (OH)
Jimmey C. Harris (TX)
David G. Henry (TX)
Rogelio C. Hernandez (CA)
Michael J. Hoskins (KS)
Zion Irizarry (NV)
Mohamed H. Issak (KS)
Juan J. Luna (CA)
Robert Mollicone (FL)
Christopher D. Moore (NC)
Elmore Nicholson, Jr. (AL)
James C. Paschal, Jr. (GA)
Harold D. Pressley (TX)
Jason C. Sadler (KY)
Robert Schick (PA)
Michael O. Thomas (NC)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0174. Their exemptions are effective as of March 13,
2016 and will expire on March 13, 2018.
As of March 15, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (67 FR
68719; 68 FR 2629; 70 FR 7545; 71 FR 4194; 71 FR 13450; 72 FR 39879; 72
FR 40362; 72 FR 52419; 73 FR 9158; 74 FR 43217; 74 FR 57551; 74 FR
64124; 74 FR 65842; 75 FR 1451):
Gene Bartlett, Jr. (VT)
Ronald D. Boeve (MI)
Daniel M. Cannon (OR)
Wayne H. Holt (UT)
Billy R. Jeffries (WV)
Guy A. Lanham (FL)
Oscar N. Lefferts (AL)
Willie L. Parks (CA)
Bradley S. Sanders (NM)
Gary N. Wilson (UT)
William B. Wilson (KY)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2002-12844; FMCSA-2005-23099; FMCSA-2007-27897; FMCSA-2009-
0206; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0365. Their
exemptions are effective as of March 15, 2016 and will expire on March
15, 2018.
As of March 23, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 6 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (77 FR 5874;
77 FR 17117; 79 FR 13085):
Paul R. Barron (MO)
Eugenio V. Bermudez (MA)
Johnny Dillard (SC)
Edward M. Jurek (NY)
Glenn R. Theis (MN)
Peter A. Troyan (MI)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0366. Their exemptions are effective as of March 23,
2016 and will expire on March 23, 2018.
As of March 31, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (68 FR
74699; 69 FR 10503; 71 FR 6829; 73 FR 6242; 73 FR 8392; 73 FR 16950; 75
FR 8184; 75 FR 9477; 77 FR 7723; 77 FR 13689; 79 FR 14331):
Alberto Blanco (NC)
Charles W. Cox (AR)
Gary W. Ellis (NC)
Robin S. England (GA)
W. R. Goold (AZ)
K. L. Guse (OH)
Steven W. Halsey (MO)
John C. Henricks (OH)
Thomas M. Leadbitter (PA)
Jonathan P. Lovel (IL)
Kent S. Reining (IL)
[[Page 90050]]
The drivers were included in one of the following dockets: Docket
No. FMCSA-2003-16564; FMCSA-2007-0071. Their exemptions are effective
as of March 31, 2016 and will expire on March 31, 2018.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two 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 and
31315.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-29826 Filed 12-12-16; 8:45 am]
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