Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
16 December 2016
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91239-91242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30286]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-
2002-12844; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2005-21711;
FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015;
FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321;
FMCSA-2010-0050; FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366;
FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004]
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 the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
131 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 was effective from the dates
stated in the discussions below. Comments must be received on or before
January 17, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
6480; FMCSA-2001-11426; FMCSA-2002-11714; FMCSA-2002-12844; FMCSA-
[[Page 91240]]
2003-16564; FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-2005-22727;
FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2008-0021;
FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050;
FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379;
FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174; FMCSA-2014-0002;
FMCSA-2014-0003; FMCSA-2014-0004], 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 or Courier: 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 for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
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 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: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, 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.
SUPPLEMENTARY INFORMATION:
Background
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.
Exemption Decision
This notice addresses 131 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 131 applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period. Each
individual is identified according to the renewal date.
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. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. 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.
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 for additional two year periods. The following group(s) of
drivers will receive renewed exemptions effective in the month of May
and are discussed below.
As of May 7, 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 (69 FR
64806; 70 FR 2705; 71 FR 6826; 71 FR 19602; 72 FR 1054; 73 FR 11989; 74
FR 26464; 74 FR 60022; 75 FR 4623; 75 FR 13653; 76 FR 49528; 76 FR
61143; 76 FR 70212; 77 FR 543; 77 FR 5874; 77 FR 17107; 77 FR 17117; 78
FR 76707; 78 FR 77782; 79 FR 1908; 79 FR 10611; 79 FR 13085; 79 FR
14331; 79 FR 14333; 79 FR 14571; 79 FR 18391; 79 FR 18392; 79 FR 22003;
79 FR 28588; 79 FR 29498):
Stephan P. Adamczyk (ME)
Otto J. Ammer, Jr. (PA)
Alphonso A. Barco (SC)
Teddy S. Bioni (PA)
Darrell Canupp (MI)
John A. Carroll, Jr. (AL)
James A. Champion (WA)
Larry Chinn (WI)
Michael Gargano (FL)
Ronald L. Walker (FL)
Charles G. Warshun, Jr. (NY)
The drivers were included in one of the following dockets: Docket
Nos. FMCSA-2003-16241; FMCSA-2007-28695; FMCSA-2004-19477; FMCSA-2006-
23773; FMCSA-2009-0303; FMCSA-2011-0142; FMCSA-2011-0366; FMCSA-2013-
0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004. Their
exemptions are effective as of May 7, 2016 and will expire on May 7,
2018.
As of May 11, 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 (77 FR
15184; 77 FR 27850; 79 FR 21996):
Robert L. Brauns (IA)
Bobby R. Brooks (GA)
Clifford W. Doran, Jr. (NC)
Ryan C. Dugan (NY)
Glenn C. Grimm (NJ)
Charles J. Kennedy (OH)
Richard A. Pucker (WI)
John M. Riley (AL)
Jeffery A. Sheets (AR)
[[Page 91241]]
Randy L. Stevens (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2001-0299; FMCSA-2011-0379; FMCSA-2011-0380. Their exemptions
are effective as of May 11, 2016 and will expire on May 11, 2018.
As of May 12, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 14 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (67 FR
68719; 68 FR 2629; 68 FR 74699; 69 FR 10503; 69 FR 71100; 70 FR 71884;
71 FR 4632; 71 FR 6826; 71 FR 6829; 71 FR 19602; 73 FR 5259; 73 FR
11989; 73 FR 15567; 73 FR 27015; 73 FR 76440; 75 FR 9480; 75 FR 13653;
75 FR 19674; 75 FR 22176; 77 FR 17109; 77 FR 23797; 77 FR 27845; 79 FR
23797):
Leo G. Becker (KS)
Stanley W. Davis (TX)
Ray L. Emert (PA)
John W. Forgy (ID)
Julian R. Hall (TX)
Neil W. Jennings (MO)
Mark Meacham (NC)
David A. Miller (NE)
Paul D. Schnautz (TX)
William T. Smiley (MD)
Richard M. Smith (CO)
Aaron S. Taylor (WI)
William B. Thomas (SC)
Michael J. Tisher (AK)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2005-22727; FMCSA-2006-
23773; FMCSA-2008-0021; FMCSA-2011-0380. Their exemptions are effective
as of May 12, 2016 and will expire on May 12, 2018.
As of May 16, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 36 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (79 FR
14571; 79 FR 28588):
Luis A. Agudo (MN)
Dmitriy D. Bayda (WA)
Marvin J. Bensend, Jr. (MS)
Cody W. Christian (OK)
Michael T. Deaton (WI)
Billy D. Devine (WA)
James G. Donze (MO)
Jeffrey D. Duncan (IN)
Charles R. Early (IN)
Dennis A. Feather (SC)
Nicholas C. Georgen (IA)
Robert E. Johnston, Jr. (WA)
Gregory J. Kuhn (NE)
David W. Leach (IL)
Kerry M. Leeper (WA)
Jason S. Logue (GA)
David F. Martin (NJ)
Martin L. Mayes (GA)
Daniel A. McNabb, Jr. (KS)
Phillip L. Mello (CA)
Roberto C. Mendez (TX)
Robert L. Murray (IL)
Barry L. Pylant (GA)
Steve W. Quenzer (SD)
Bradley W. Reed (AL)
Erik M. Rice (TX)
Ricky D. Rostad (MN)
Tatum R. Schmidt (IA)
Harry J. Scholl (PA)
Jacob A. Shaffer (PA)
Thomas G. Smedema (WI)
James S. Smith (AR)
Thomas W. Smith (PA)
Richard H. Solum (MN)
Scott R. Sorensen (CA)
Elston L. Taylor (VA)
The drivers were included on the following docket: Docket No.
FMCSA-2014-0003. Their exemptions are effective as of May 16, 2016 and
will expire on May 16, 2018.
As of May 21, 2016, 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 (70 FR
48797; 70 FR 61493; 73 FR 6246; 75 FR 9480; 75 FR 14656; 75 FR 19674;
75 FR 22176; 75 FR 28684; 77 FR 15184; 77 FR 23797; 77 FR 23800; 77 FR
27850; 79 FR 22000):
David A. Brannon (FL)
Steven R. Felks (TX)
Herbert C. Hirsch (MO)
Michael D. Kilgore (TX)
Douglas L. Norman (NC)
Carroll R. Rogers (CA)
Wayne J. Savage (VA)
Marion Tutt, Jr. (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2005-21711; FMCSA-2009-0011; FMCSA-2010-0050; FMCSA-2011-
0379. Their exemptions are effective as of May 21, 2016 and will expire
on May 21, 2018.
As of May 22, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 28 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (79 FR
18392; 79 FR 29498):
Britton J. Anderson (KS)
James E. Baker (OH)
Aaron D. Barnett (IA)
Stanley R. Cap (SD)
Michael T. Craddock (CA)
Eric C. Dettrey (NJ)
Timothy C. Dotson (MO)
Roger L. Frazier (NC)
Danny J. Goss (MO)
James P. Griffin (WA)
Dennis P. Hart (OR)
Kyle C. Holschlag (IA)
Michael T. Huso (MN)
James D. Kessler (SD)
Robin D. Kurtz (CT)
Sherell J. Landry (TX)
Ronald N. Lindgren (MN)
Robert P. Malarkey, Sr. (NY)
Michael L. Manning (MO)
Rodney J. McMorran (IA)
John L. Meese (MO)
Thomas G. Ohlson (NY)
Robert D. Reeder (MI)
Craig Robinson (FL)
Michael E. Schlachter (WY)
Kenneth W. Sigl (WI)
Elmer F. Winters (NC)
Eugene T. Wolf (IA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2014-0004. Their exemptions are effective as of May 22, 2016
and will expire on May 22, 2018.
As of May 25, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 18 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (64 FR
68195; 65 FR 20251; 67 FR 10471; 67 FR 17102; 67 FR 19798; 69 FR 17267;
69 FR 19611; 71 FR 4194; 71 FR 13450; 71 FR 14566; 71 FR 16410; 71 FR
19604; 71 FR 30227; 73 FR 27014; 75 FR 1835; 75 FR 9480; 75 FR 9482; 75
FR 22176; 75 FR 27622; 77 FR 10604; 77 FR 17108; 77 FR 20879; 77 FR
26816; 77 FR 31427):
Dwight A. Bennett (MD)
Juan Castanon (NM)
Ronald Flanery (KY)
Joshua G. Hansen (ID)
Daniel W. Henderson (TN)
Edward W. Hosier (MO)
Craig T. Jorgensen (WI)
Jose A. Lopez (CT)
Earl E. Martin (VA)
Brian E. Monaghan (IL)
Joseph C. Powell (VA)
Albert L. Remsburg, 3rd (MD)
David L. Schachle (PA)
Dennis R. Schneider (NM)
Michael See (NY)
Steven Simone (KS)
Mark Sobczyk (WI)
Frankie A. Wilborn (GA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2005-23099; FMCSA-2006-
24015; FMCSA-2009-0011; FMCSA-2009-0321; FMCSA-2012-0039. Their
exemptions are effective as of May 25, 2016 and will expire on May 25,
2018.
As of May 30, 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 (67 FR
15662; 67 FR 37907; 69 FR 26206; 71 FR 26602; 73 FR 27017; 75 FR 27621;
77 FR 27849):
[[Page 91242]]
Joe W. Brewer (SC)
James W. Ellis, 4th (NJ)
David A. Inman (IN)
Lawrence C. Moody (NJ)
Stanley W. Nunn (TN)
Kevin R. Stoner (PA)
The drivers were included in one of the following dockets: Docket
No. FMCSA-2002-11714. Their exemptions are effective as of May 30, 2016
and will expire on May 30, 2018.
Each of the 131 applicants listed in the groups above 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.
Request for Comments
FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 17, 2017.
FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 131 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
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.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-1999-6480; FMCSA-
2001-11426; FMCSA-2002-11714; FMCSA-2002-12844; FMCSA-2003-16564;
FMCSA-2004-19477; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2005-23099;
FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2008-0021; FMCSA-2009-0011;
FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2011-0142;
FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0039; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003;
FMCSA-2014-0004 and click the search button. When the new screen
appears, click on the blue ``Comment Now!'' button on the right hand
side of the page. On the new page, enter information required including
the specific section of this document to which each comment applies,
and provide a reason for each suggestion or recommendation. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period. FMCSA may issue a final rule at any time after the
close of the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-11714;
FMCSA-2002-12844; FMCSA-2003-16564; FMCSA-2004-19477; FMCSA-2005-21711;
FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015;
FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0303; FMCSA-2009-0321;
FMCSA-2010-0050; FMCSA-2011-0142; FMCSA-2011-0299; FMCSA-2011-0366;
FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0039; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to this notice.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30286 Filed 12-15-16; 8:45 am]
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