Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
30 November 2020
[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76652-76655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26355]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7363; FMCSA-2002-12844; FMCSA-2004-17195; FMCSA-
2004-18885; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-
2008-0231; FMCSA-2010-0354; FMCSA-2011-0379; FMCSA-2014-0007; FMCSA-
2014-0010; FMCSA-2014-0299; FMCSA-2016-0033; FMCSA-2016-0209; FMCSA-
2016-0347; FMCSA-2018-0017; FMCSA-2018-0018; FMCSA-2018-0208]
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 26
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 are 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 December
30, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2000-7363, Docket No. FMCSA-
2002-12844, Docket No. FMCSA-2004-17195, Docket No. FMCSA-2004-18885,
Docket No. FMCSA-2004-19477, Docket No. FMCSA-2006-26066, Docket No.
FMCSA-2008-0106, Docket No. FMCSA-2008-0231, Docket No. FMCSA-2010-
0354, Docket No. FMCSA-2011-0379, Docket No.
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FMCSA-2014-0007, Docket No. FMCSA-2014-0010, Docket No. FMCSA-2014-
0299, Docket No. FMCSA-2016-0033, Docket No. FMCSA-2016-0209, Docket
No. FMCSA-2016-0347, Docket No. FMCSA-2018-0017, Docket No. FMCSA-2018-
0018, or Docket No. FMCSA-2018-0208 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Dockets Operations; 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments
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.,
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:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2000-7363; FMCSA-2002-12844; FMCSA-2004-17195;
FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-2008-0106;
FMCSA-2008-0231; FMCSA-2010-0354; FMCSA-2011-0379; FMCSA-2014-0007;
FMCSA-2014-0010; FMCSA-2014-0299; FMCSA-2016-0033; FMCSA-2016-0209;
FMCSA-2016-0347; FMCSA-2018-0017; FMCSA-2018-0018; FMCSA-2018-0208),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
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,
put the docket number, FMCSA-2000-7363; FMCSA-2002-12844; FMCSA-2004-
17195; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-26066; FMCSA-
2008-0106; FMCSA-2008-0231; FMCSA-2010-0354; FMCSA-2011-0379; FMCSA-
2014-0007; FMCSA-2014-0010; FMCSA-2014-0299; FMCSA-2016-0033; FMCSA-
2016-0209; FMCSA-2016-0347; FMCSA-2018-0017; FMCSA-2018-0018; FMCSA-
2018-0208, in the keyword box, and click ``Search.'' When the new
screen appears, click on the ``Comment Now!'' button and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2000-7363; FMCSA-2002-12844; FMCSA-
2004-17195; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-26066;
FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-0354; FMCSA-2011-0379;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0299; FMCSA-2016-0033;
FMCSA-2016-0209; FMCSA-2016-0347; FMCSA-2018-0017; FMCSA-2018-0018;
FMCSA-2018-0208, in the keyword box, and click ``Search.'' Next, click
the ``Open Docket Folder'' button and choose the document to review. 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,
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.
C. 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
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The physical qualification standard for drivers regarding vision
found in 49 CFR 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.
The 26 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec. 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.
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
[[Page 76654]]
the exemption would not be consistent with the goals and objectives of
49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to
revoke the exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 26
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 65 FR 45817; 65 FR 77066; 67 FR
68719; 67 FR 71610; 68 FR 2629; 69 FR 17263; 69 FR 31447; 69 FR 53493;
69 FR 64742; 69 FR 64806; 69 FR 64810; 69 FR 71100; 70 FR 2705; 70 FR
44946; 71 FR 43557; 71 FR 62148; 71 FR 63379; 71 FR 66217; 72 FR 1051;
72 FR 1053; 72 FR 1056; 73 FR 35201; 73 FR 42403; 73 FR 46973; 73 FR
48275; 73 FR 54889; 73 FR 61925; 73 FR 74565; 73 FR 76439; 73 FR 76440;
73 FR 78423; 75 FR 38602; 75 FR 44051; 75 FR 59327; 75 FR 72863; 75 FR
77949; 75 FR 77951; 75 FR 79083; 75 FR 79084; 75 FR 80887; 76 FR 2190;
77 FR 15184; 77 FR 27850; 77 FR 46153; 77 FR 68202; 77 FR 74273; 77 FR
74730; 77 FR 74734; 77 FR 75496; 77 FR 76167; 78 FR 800; 79 FR 21996;
79 FR 38659; 79 FR 46153; 79 FR 51643; 79 FR 53514; 79 FR 64001; 79 FR
65759; 79 FR 73397; 79 FR 73686; 79 FR 73687; 79 FR 73689; 79 FR
7416879 FR 74169; 80 FR 603; 80 FR 9304; 81 FR 1474; 81 FR 48493; 81 FR
59266; 81 FR 70251; 81 FR 74494; 81 FR 81230; 81 FR 90050; 81 FR 96165;
81 FR 96178; 81 FR 96180; 83 FR 28325; 83 FR 34661; 83 FR 40638; 83 FR
45750; 83 FR 53724; 83 FR 53727; 83 FR 56137; 83 FR 60954; 84 FR 2305;
84 FR 2311; 84 FR 2326; 84 FR 2328). They have submitted evidence
showing that the vision in the better eye continues to meet the
requirement specified at Sec. 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 2
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 2 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(b), the following
groups of drivers received renewed exemptions in the month of January
and are discussed below. As of January 3, 2021, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 13 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (65 FR
45817; 65 FR 77066; 67 FR 71610; 69 FR 64810; 71 FR 66217; 73 FR 35201;
73 FR 46973; 73 FR 48275; 73 FR 54889; 73 FR 74565; 75 FR 44051; 75 FR
77949; 75 FR 77951; 77 FR 15184; 77 FR 27850; 77 FR 46153; 77 FR 68202;
77 FR 74730; 79 FR 21996; 79 FR 38659; 79 FR 46153; 79 FR 51643; 79 FR
53514; 79 FR 64001; 79 FR 65759; 79 FR 73689; 81 FR 1474; 81 FR 48493;
81 FR 59266; 81 FR 70251; 81 FR 74494; 81 FR 81230; 81 FR 90050; 81 FR
96165; 81 FR 96178; 81 FR 96180; 83 FR 28325; 83 FR 34661; 83 FR 40638;
83 FR 45750; 83 FR 53724; 83 FR 53727; 83 FR 56137; 83 FR 60954; 84 FR
2305; 84 FR 2311; 84 FR 2326; 84 FR 2328):
Darrin E. Bogert (NY)
Ronald A. Bolyard (WV)
Robert J. Clarke (NY)
Lane D. Fuller (KS)
J. W. Keener (PA)
Darrell D. Kropf (CA)
Donald L. Minney (OH)
Donald L. Nisbet (WA)
Jose H. Rivas (NM)
Pedro T. Tellez Alvarez (CA)
Roy F. Varnado, Jr. (LA)
Wade W. Ward (WY)
Christopher R. Whitson (NC)
The drivers were included in docket numbers FMCSA-2000-7363; FMCSA-
2008-0106; FMCSA-2008-0231; FMCSA-2011-0379; FMCSA-2014-0007; FMCSA-
2014-0010; FMCSA-2016-0033; FMCSA-2016-0209; FMCSA-2016-0347; FMCSA-
2018-0017; FMCSA-2018-0018; FMCSA-2018-0208. Their exemptions are
applicable as of January 3, 2021, and will expire on January 3, 2023.
As of January 9, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (71 FR 63379; 72 FR 1051; 73 FR
78423; 75 FR 79083; 77 FR 74734; 79 FR 73686; 81 FR 96165; 84 FR 2311):
David L. Cattoor (NV)
Ronald C. Morris (NV)
Kevin L. Truxell (FL)
Lee A. Wiltjer (IL)
The drivers were included in docket number FMCSA-2006-26066. Their
exemptions are applicable as of January 9, 2021, and will expire on
January 9, 2023.
As of January 10, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 73397; 80 FR 9304; 81 FR
96165; 84 FR 2311):
Jesse L. Lichtenberger (PA); and Frederick E. Schaub (IA)
The drivers were included in docket number FMCSA-2014-0299. Their
exemptions are applicable as of January 10, 2021, and will expire on
January 10, 2023.
As of January 12, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 53493; 69 FR 64742; 71 FR
62148; 73 FR 61925; 75 FR 59327; 75 FR 72863; 76 FR 2190; 77 FR 74273;
79 FR 73687; 81 FR 96165; 84 FR 2311):
Thomas L. Oglesby (GA); David W. Ward (NC); and Ralph W. York (NM)
The drivers were included in docket numbers FMCSA-2004-18885;
FMCSA-2010-0354. Their exemptions are applicable as of January 12,
2021, and will expire on January 12, 2023.
As of January 14, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 64806; 70 FR 2705; 72 FR
1056; 73 FR 76439; 75 FR 79084; 77 FR 75496; 79 FR 74169; 81 FR 96165;
84 FR 2311):
Francis M. McMullin (PA)
The driver was included in docket number FMCSA-2004-19477. Their
exemption is applicable as of January 14, 2021, and will expire on
January 14, 2023.
As of January 17, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (67 FR 68719; 68 FR 2629; 69 FR
71100; 72 FR 1053; 73 FR 76440; 75 FR 80887; 77 FR 76167; 79 FR 74168;
81 FR 96165; 84 FR 2311):
Howard F. Breitkreutz (MN)
The driver was included in docket number FMCSA-2002-12844. Their
exemption is applicable as of January 17, 2021, and will expire on
January 17, 2023.
As of January 31, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 17263; 69 FR 31447; 70 FR
44946; 71 FR 43557;
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73 FR 42403; 75 FR 38602; 75 FR 72863; 76 FR 2190; 78 FR 800; 80 FR
603; 81 FR 96165; 84 FR 2311):
Jose M. Suarez (TX); and Richard L. Zacher (OR)
The drivers were included in docket numbers FMCSA-2004-17195;
FMCSA-2010-0354. Their exemptions are applicable as of January 31,
2021, and will expire on January 31, 2023.
V. 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 vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec. 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME 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 or keep a copy of his/her driver's
qualification if he/she is self-employed. The driver must also have a
copy of the exemption when 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(b).
VI. 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 26 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in
Sec. 391.41(b)(10), subject to the requirements cited above. In
accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be
valid for 2 years unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-26355 Filed 11-27-20; 8:45 am]
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