[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7775-7777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02016]


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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 final disposition.

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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 
requirement in one eye.

[[Page 7776]]


DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates provided 
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#2d4b404e5e4c404849444e4c416d494259034a425b"><span class="__cf_email__" data-cfemail="60060d0313010d05040903010c20040f144e070f16">[email protected]</span></a>, 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. 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-
0001, 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.

B. 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

    On November 30, 2020, FMCSA published a notice announcing its 
decision to renew exemptions for 26 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 (85 FR 76652). The 
public comment period ended on December 30, 2020, and one comment was 
received.
    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 Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in Sec.  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.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. An anonymous 
individual submitted a comment in support of the Agency's decision to 
grant the exemptions.

IV. Conclusion

    Based on its evaluation of the 26 renewal exemption applications 
and comments received, FMCSA confirms its decision to exempt the 
following drivers from the vision requirement in Sec.  391.41(b)(10).
    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 were 
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 were 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)
Frederick E. Schaub (IA)

    The drivers were included in docket number FMCSA-2014-0299. Their 
exemptions were 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

[[Page 7777]]

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)
Ralph W. York (NM)

    The drivers were included in docket numbers FMCSA-2004-18885; 
FMCSA-2010-0354. Their exemptions were 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. The 
exemption was 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. The 
exemption was 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; 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)
Richard L. Zacher (OR)

    The drivers were included in docket numbers FMCSA-2004-17195; 
FMCSA-2010-0354. Their exemptions were applicable as of January 31, 
2021, and will expire on January 31, 2023.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 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(e) and 
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-02016 Filed 1-29-21; 8:45 am]
BILLING CODE 4910-EX-P


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