Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28325 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

1999–6156; FMCSA–2001–11426; FMCSA– 

2003–16564; FMCSA–2005–22194; FMCSA– 

2006–23773; FMCSA–2006–24015; FMCSA– 

2006–24783; FMCSA–2007–0017; FMCSA– 

2007–0071; FMCSA–2008–0021; FMCSA– 

2009–0011; FMCSA–2009–0086; FMCSA– 

2010–0050; FMCSA–2010–0082; FMCSA– 

2011–0092; FMCSA–2011–0299; FMCSA– 

2011–0366; FMCSA–2011–0379; FMCSA– 

2012–0039; FMCSA–2012–0104; FMCSA– 

2012–0106; FMCSA–2013–0029; FMCSA– 

2013–0165; FMCSA–2013–0166; FMCSA– 

2013–0168; FMCSA–2013–0174; FMCSA– 

2014–0002; FMCSA–2014–0003; FMCSA– 

2014–0004; FMCSA–2014–0005; FMCSA– 

2014–0006; FMCSA–2015–0056; FMCSA– 

2015–0070; FMCSA–2015–0350; FMCSA– 

2015–0351; FMCSA–2016–0024; FMCSA– 

2016–0027; FMCSA–2016–0028; FMCSA– 

2016–0029; FMCSA–2016–0347] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 114 

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 were 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 July 18, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

1998–4334; FMCSA–1999–6156; 

FMCSA–2001–11426; FMCSA–2003– 

16564; FMCSA–2005–22194; FMCSA– 

2006–23773; FMCSA–2006–24015; 

FMCSA–2006–24783; FMCSA–2007– 

0017; FMCSA–2007–0071; FMCSA– 

2008–0021; FMCSA–2009–0011; 

FMCSA–2009–0086; FMCSA–2010– 

0050; FMCSA–2010–0082; FMCSA– 

2011–0092; FMCSA–2011–0299; 

FMCSA–2011–0366; FMCSA–2011– 

0379; FMCSA–2012–0039; FMCSA– 

2012–0104; FMCSA–2012–0106; 

FMCSA–2013–0029; FMCSA–2013– 

0165; FMCSA–2013–0166; FMCSA– 

2013–0168; FMCSA–2013–0174; 

FMCSA–2014–0002; FMCSA–2014– 

0003; FMCSA–2014–0004; FMCSA– 

2014–0005; FMCSA–2014–0006; 

FMCSA–2015–0056; FMCSA–2015– 

0070; FMCSA–2015–0350; FMCSA– 

2015–0351; FMCSA–2016–0024; 

FMCSA–2016–0027; FMCSA–2016– 

0028; FMCSA–2016–0029; FMCSA– 

2016–0347 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online 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., 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(s) 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., E.T., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

E.T., 365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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. 

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. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for five 

years 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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear 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° 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 114 individuals listed in this 

notice have requested renewal of their 

exemptions from the vision standard in 

49 CFR 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 two-year period. 

II. 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. 

III. 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 


amozie on DSK3GDR082PROD with NOTICES1
28326 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

and may be renewed upon application. 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each of the 114 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement (63 FR 66226; 64 FR 16517; 

64 FR 54948; 65 FR 159; 66 FR 41656; 

67 FR 10471; 67 FR 10475; 67 FR 19798; 

68 FR 44837; 68 FR 74699; 69 FR 8260; 

69 FR 10503; 69 FR 19611; 70 FR 41811; 

70 FR 57353; 70 FR 72689; 71 FR 6824; 

71 FR 6826; 71 FR 6829; 71 FR 14566; 

71 FR 14567; 71 FR 16410; 71 FR 19602; 

71 FR 26602; 71 FR 30227; 71 FR 30229; 

71 FR 32183; 71 FR 41310; 72 FR 62896; 

72 FR 67340; 73 FR 1395; 73 FR 6242; 

73 FR 11989; 73 FR 15567; 73 FR 16950; 

73 FR 27014; 73 FR 27015; 73 FR 27018; 

73 FR 28187; 73 FR 36955; 74 FR 19267; 

74 FR 28094; 74 FR 43221; 74 FR 65845; 

75 FR 9477; 75 FR 9480; 75 FR 9481; 75 

FR 13653; 75 FR 14656; 75 FR 19674; 

75 FR 20881; 75 FR 22176; 75 FR 22178; 

75 FR 25917; 75 FR 25918; 75 FR 27622; 

75 FR 28682; 75 FR 36778; 75 FR 36779; 

75 FR 39729; 76 FR 25766; 76 FR 37885; 

76 FR 44652; 76 FR 53708; 76 FR 73769; 

76 FR 78728; 77 FR 3547; 77 FR 5874; 

77 FR 13689; 77 FR 15184; 77 FR 17107; 

77 FR 17108; 77 FR 17115; 77 FR 17117; 

77 FR 20879; 77 FR 23797; 77 FR 26816; 

77 FR 27847; 77 FR 27850; 77 FR 29447; 

77 FR 31427; 77 FR 33017; 77 FR 36338; 

77 FR 38384; 77 FR 38386; 77 FR 44708; 

78 FR 34143; 78 FR 47818; 78 FR 52602; 

78 FR 62935; 78 FR 63302; 78 FR 63307; 

78 FR 76395; 78 FR 76704; 78 FR 76705; 

78 FR 77780; 78 FR 78477; 79 FR 1908; 

79 FR 2248; 79 FR 10606; 79 FR 13085; 

79 FR 14328; 79 FR 14331; 79 FR 14333; 

79 FR 14571; 79 FR 17641; 79 FR 18391; 

79 FR 18392; 79 FR 21996; 79 FR 22003; 

79 FR 23797; 79 FR 27043; 79 FR 27681; 

79 FR 28588; 79 FR 29495; 79 FR 29498; 

79 FR 35212; 79 FR 35218; 79 FR 35220; 

79 FR 37843; 79 FR 38649; 79 FR 38661; 

79 FR 47175; 80 FR 59230; 80 FR 67476; 

80 FR 67481; 80 FR 80443; 81 FR 1284; 

81 FR 1474; 81 FR 14190; 81 FR 15401; 

81 FR 15404; 81 FR 17237; 81 FR 20433; 

81 FR 20435; 81 FR 21655; 81 FR 26305; 

81 FR 28138; 81 FR 39100; 81 FR 39320; 

81 FR 42054; 81 FR 48493; 81 FR 52516; 

81 FR 66718; 81 FR 66720; 81 FR 66722; 

81 FR 66724; 81 FR 81230; 81 FR 90050; 

81 FR 91239; 81 FR 96196). They have 

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 twoyears 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, the following groups of 

drivers received renewed exemptions in 

the month of July and are discussed 

below: 

As of July 8, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following 57 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (63 FR 66226; 64 FR 16517; 66 

FR 41656; 68 FR 44837; 68 FR 74699; 

69 FR 10503; 70 FR 41811; 70 FR 57353; 

70 FR 72689; 71 FR 6826; 71 FR 14566; 

71 FR 16410; 71 FR 19602; 71 FR 30227; 

72 FR 62896; 72 FR 67340; 73 FR 1395; 

73 FR 6242; 73 FR 11989; 73 FR 15567; 

73 FR 16950; 73 FR 27014; 73 FR 27015; 

74 FR 19267; 74 FR 28094; 74 FR 43221; 

74 FR 65845; 75 FR 9477; 75 FR 9480; 

75 FR 13653; 75 FR 14656; 75 FR 19674; 

75 FR 20881; 75 FR 22176; 75 FR 27622; 

75 FR 28682; 76 FR 25766; 76 FR 37885; 

76 FR 44652; 76 FR 53708; 76 FR 73769; 

76 FR 78728; 77 FR 3547; 77 FR 5874; 

77 FR 13689; 77 FR 15184; 77 FR 17107; 

77 FR 17108; 77 FR 17115; 77 FR 17117; 

77 FR 20879; 77 FR 23797; 77 FR 26816; 

77 FR 27847; 77 FR 27850; 77 FR 29447; 

77 FR 31427; 77 FR 38386; 78 FR 34143; 

78 FR 47818; 78 FR 52602; 78 FR 62935; 

78 FR 63302; 78 FR 63307; 78 FR 76395; 

78 FR 76704; 78 FR 76705; 78 FR 77780; 

78 FR 78477; 79 FR 1908; 79 FR 2248; 

79 FR 10606; 79 FR 13085; 79 FR 14328; 

79 FR 14331; 79 FR 14333; 79 FR 14571; 

79 FR 17641; 79 FR 18391; 79 FR 18392; 

79 FR 21996; 79 FR 22003; 79 FR 23797; 

79 FR 27043; 79 FR 27681; 79 FR 28588; 

79 FR 29495; 79 FR 29498; 79 FR 38649; 

80 FR 59230; 80 FR 67476; 80 FR 67481; 

80 FR 80443; 81 FR 1284; 81 FR 1474; 

81 FR 14190; 81 FR 15401; 81 FR 15404; 

81 FR 17237; 81 FR 20433; 81 FR 20435; 

81 FR 21655; 81 FR 26305; 81 FR 28138; 

81 FR 39100; 81 FR 48493; 81 FR 52516; 

81 FR 66718; 81 FR 66724; 81 FR 91239; 

81 FR 96196): 

Dean R. Allen (OR) 

Scott E. Ames (ME) 

Alan A. Andrews (NE) 

Marvin D. Bass (KY) 

Dwight A. Bennett (MD) 

Marvin J. Bensend, Jr. (MS) 

Kolby Blackner (UT) 

Bobby R. Brooks (GA) 

Levi A. Brown (MT) 

William Bucaria, Jr. (FL) 

John A. Carroll, Jr. (AL) 

Juan Castanon (NM) 

William C. Christy (FL) 

Gerard J. Cormier (MA) 

Michael T. Craddock (CA) 

Jon C. Dillon (MN) 

Paul W. Fettig (SD) 

Hector O. Flores (MD) 

Brian R. Gallagher (TX) 

Horace N. Goss (TX) 

James B. Grega (PA) 

Todd C. Grider (IN) 

Jimmy G. Hall (NC) 

Taras G. Hamilton (TX) 

Joshua G. Hansen (ID) 

Britt D. Hazelwood (IL) 

Lowell E. Jackson (MO) 

William D. Jackson (MN) 

Danny J. Johnson (MN) 

Glenn K. Johnson, Jr. (NC) 

Thomas M. Kaley (PA) 

Allen J. Kunze (ND) 

Kerry M. Leeper (WA) 

Craig R. Martin (TX) 

Ty N. Mason (PA) 

Thomas J. Mavraganis (IL) 

Eric M. Moats, Sr. (MD) 

Gary T. Murray (GA) 

Elmore Nicholson, Jr. (AL) 

Thomas G. Ohlson (NY) 

Michael Pace (TX) 

Raffaelo Petrillo (NJ) 

Barry L. Pylant (GA) 

Roy A. Quesada (PA) 

Jamey D. Reed (OK) 

Glennis R. Reynolds (KY) 

Jose H. Rivas (NM) 

Joe A. Root (MN) 

Bobby W. Sanders (TN) 

James S. Seeno (NV) 

Thomas W. Smith (PA) 

Harry Smith, Jr. (NC) 

Greg W. Story (NC) 

Elston L. Taylor (VA) 

Michael J. Tisher (AK) 

Dwight Tullis (IL) 

Richard W. Wylie (CT) 

The drivers were included in docket 

numbers FMCSA–1998–4334; FMCSA– 

2003–16564; FMCSA–2005–22194; 

FMCSA–2006–23773; FMCSA–2006– 

24015; FMCSA–2007–0017; FMCSA– 

2007–0071; FMCSA–2008–0021; 

FMCSA–2009–0011; FMCSA–2009– 

0086; FMCSA–2010–0050; FMCSA– 

2011–0092; FMCSA–2011–0299; 

FMCSA–2011–0366; FMCSA–2011– 

0379; FMCSA–2012–0039; FMCSA– 

2012–0104; FMCSA–2013–0029; 

FMCSA–2013–0165; FMCSA–2013– 

0166; FMCSA–2013–0168; FMCSA– 

2013–0174; FMCSA–2014–0002; 

FMCSA–2014–0003; FMCSA–2014– 

0004; FMCSA–2014–0005; FMCSA– 

2015–0056; FMCSA–2015–0070; 

FMCSA–2015–0350; FMCSA–2015– 

0351; FMCSA–2016–0024; FMCSA– 

2016–0027; FMCSA–2016–0347. Their 

exemptions are applicable as of July 8, 

2018, and will expire on July 8, 2020. 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28327 

As of July 12, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following five individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (75 FR 9481; 75 FR 22178; 75 FR 

25917; 75 FR 25918; 75 FR 39729; 77 FR 

36338; 79 FR 35220; 81 FR 81230; 81 FR 

96196): 

Clare H. Buxton (MI) 

Chadwick S. Chambers (AL) 

Miguel H. Espinoza (CA) 

Ricky P. Hastings (TX) 

Leland B. Moss (VT) 

The drivers were included in docket 

numbers FMCSA–2009–0011; FMCSA– 

2010–0082. Their exemptions are 

applicable as of July 12, 2018, and will 

expire on July 12, 2020. 

As of July 19, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following 16 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (81 FR 39320; 81 FR 66720): 

John P. Brooks (IL) 

Ronald A. Donsbach (MT) 

Pedro Guzman (TX) 

Bradley C. Helsel (OR) 

Darrell E. Hunter (NC) 

Kenneth B. Julian (OK) 

Keith Kebschull (IL) 

Jeffrey N. Lake (IL) 

Jayme M. Leonard (VT) 

James K. Matthey (PA) 

Mario A. Quezada (TX) 

J. B. Rodriguez Mata (TX) 

Joseph Sais (NM) 

Chad M. Smith (IA) 

Corey L. Spring (AR) 

James C. Wechsler (OR) 

The drivers were included in docket 

number FMCSA–2016–0028. Their 

exemptions are applicable as of July 19, 

2018, and will expire on July 19, 2020. 

As of July 20, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following nine individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (64 FR 54948; 65 

FR 159; 67 FR 10471; 67 FR 10475; 67 

FR 19798; 68 FR 74699; 69 FR 8260; 69 

FR 10503; 69 FR 19611; 71 FR 6824; 71 

FR 6829; 71 FR 14567; 71 FR 26602; 71 

FR 30229; 71 FR 32183; 71 FR 41310; 

73 FR 11989; 73 FR 27018; 73 FR 28187; 

73 FR 36955; 75 FR 36778; 75 FR 36779; 

77 FR 38384; 79 FR 35212; 79 FR 35218; 

79 FR 47175; 81 FR 90050; 81 FR 

96196): 

Daniel R. Franks (OH) 

Walter D. Hague, Jr. (VA) 

William G. Hix (AR) 

Larry L. Jarvis (VA) 

Clarence H. Jacobsma (IN) 

Charles E. Johnston (MO) 

William F. Mack (WA) 

Ronald M. Price (MD) 

Alton M. Rutherford (FL) 

The drivers were included in docket 

numbers FMCSA–1999–6156; FMCSA 

2001–11426; FMCSA 2003–16564; 

FMCSA 2006–24015; FMCSA 2006– 

24783; FMCSA 2014–0006. Their 

exemptions are applicable as of July 20, 

2018, and will expire on July 20, 2020. 

As of July 22, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following 11 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (79 FR 35212; 79 FR 47175; 81 

FR 96196): 

Abdulahi Abukar (KY) 

Gregory K. Banister (SC) 

Amanuel W. Behon (WA) 

Brian L. Elliott (MO) 

Bradley C. Hansell (OR) 

Samuel L. Klaphake (MN) 

Timothy L. Klose (PA) 

Phillip E. Mason (MO) 

Ruel W. Reed (IA) 

Loren Smith (SD) 

Seth D. Sweeten (ID) 

The drivers were included in docket 

number FMCSA–2016–0006. Their 

exemptions are applicable as of July 22, 

2018, and will expire on July 22, 2020. 

As of July 29, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following ten individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (81 FR 42054; 81 FR 66722): 

Dudley G. Diebold (CT) 

David L. Evers (MN) 

Raymond E. Hogue (PA) 

Michael E. Jones (IL) 

Darius R. Law (FL) 

Robert C. Martin (WA) 

Mark W. McTaggart (IL) 

Noel V. Munoz (NM) 

Ivan Romero (IL) 

Steve A. Taylor (NC) 

The drivers were included in docket 

number FMCSA–2016–0029. Their 

exemptions are applicable as of July 29, 

2018, and will expire on July 29, 2020. 

As of July 30, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following six individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (71 FR 32183; 71 FR 41310; 73 

FR 36955; 75 FR 25917; 75 FR 36779; 

75 FR 39729; 77 FR 33017; 77 FR 36338; 

77 FR 38384; 77 FR 44708; 79 FR 37843; 

79 FR 38661; 81 FR 96196): 

Lester M. Ellingson, Jr. (ND) 

Damon G. Gallardo (CA) 

Daniel L. Grover (KS) 

Larry A. Nienhuis (MI) 

Gregory A. Reinert (MN) 

Joseph B. Shaw, Jr. (VA) 

The drivers were included in docket 

numbers FMCSA–2006–24783; 

FMCSA–2010–0082; FCMSA–2012– 

0106. Their exemptions are applicable 

as of July 30, 2018, and will expire on 

July 30, 2020. 

IV. 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, as defined by 49 CFR 

390.5, who attests that the driver is 

otherwise physically qualified under 49 

CFR 391.41; (2) each driver must 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the Medical 

Examiner 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/her 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. 

V. 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 114 

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. In accordance 

with 49 U.S.C. 31136(e) and 31315, each 

exemption will be valid for two years 

unless revoked earlier by FMCSA. 


amozie on DSK3GDR082PROD with NOTICES1
28328 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

Issued on: June 11, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13001 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0007] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 13 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. They are unable to meet the 

vision requirement in one eye for 

various reasons. The exemptions enable 

these individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: The exemptions were applicable 

on May 10, 2018. The exemptions 

expire on May 10, 2020. 

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 9, 2018, FMCSA published 

a notice announcing receipt of 

applications from 13 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (83 FR 15214). The public 

comment period ended on May 9, 2018, 

and no comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals 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° 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 

proceeding. 

IV. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the vision standard in 49 CFR 

391.41(b)(10) if the exemption is likely 

to achieve an equivalent or greater level 

of safety than would be achieved 

without the exemption. The exemption 

allows applicants to operate CMVs in 

interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on 

medical reports about the applicants’ 

vision as well as their driving records 

and experience driving with the vision 

deficiency. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the April 9, 2018, 

Federal Register notice (83 FR 15214) 

and will not be repeated in this notice. 

FMCSA recognizes that some drivers 

do not meet the vision requirement but 

have adapted their driving to 

accommodate their limitation and 

demonstrated their ability to drive 

safely. The 13 exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

requirement in one eye for various 

reasons, including amblyopia, central 

retinal artery occlusion, central vein 

occlusion, complete loss of vision, optic 

nerve damage, prosthesis, retinal scar, 

and scleral laceration. In most cases, 

their eye conditions were not recently 

developed. Eight of the applicants were 

either born with their vision 

impairments or have had them since 

childhood. The five individuals that 

sustained their vision conditions as 

adults have had it for a range of 2 to 10 

years. Although each applicant has one 

eye which does not meet the vision 

requirement in 49 CFR 391.41(b)(10), 

each has at least 20/40 corrected vision 

in the other eye, and in a doctor’s 

opinion, has sufficient vision to perform 

all the tasks necessary to operate a CMV. 

Doctors’ opinions are supported by 

the applicants’ possession of a valid 

license to operate a CMV. By meeting 

State licensing requirements, the 

applicants demonstrated their ability to 

operate a CMV, with their limited vision 

in intrastate commerce, even though 

their vision disqualified them from 

driving in interstate commerce. We 

believe that the applicants’ intrastate 

driving experience and history provide 

an adequate basis for predicting their 

ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. 

The applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for 3 to 61 years. In 

the past three years, no drivers were 

involved in crashes, and one driver was 

convicted of a moving violation in a 

CMV. All the applicants achieved a 

record of safety while driving with their 

vision impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 


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