Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-6156; FMCSA-2001-9561; FMCSA-2002-12844; FMCSA-2003-16241; FMCSA-2005-20560; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2007-0017; FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-2008-0398; FMCSA-2009-0121; FMCSA-2009-0303; FMCSA- 2010-0187; FMCSA-2010-0354; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-0366; FMCSA-2011-26690; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2014-0299; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0053; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2017-0014; FMCSA-2017-0018; FMCSA-2017-0020; FMCSA-2017-0022; FMCSA-2017-0023; FMCSA-2017-0024; FMCSA-2018-0209; FMCSA-2019-0004; FMCSA-2019-0006; FMCSA-2019-0013; FMCSA-2019-0014; FMCSA-2019-0015; FMCSA-2019-0019; FMCSA-2020-0018]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).

# ACTION:

Notice of final disposition.

# SUMMARY:

FMCSA announces its decision to renew exemptions for 109 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 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,                         *fmcsamedical@dot.gov,*                         FMCSA, DOT, 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 Comments

                    To view comments go to                     *www.regulations.gov,*                     insert the docket number, FMCSA-1998-4334, FMCSA-1999-5578, FMCSA-1999-6156, FMCSA-2001-9561, FMCSA-2002-12844, FMCSA-2003-16241, FMCSA-2005-20560, FMCSA-2005-22194, FMCSA-2005-22727, FMCSA-2006-24783, FMCSA-2006-26653, FMCSA-2007-0017, FMCSA-2007-27333, FMCSA-2007-27897, FMCSA-2008-0398, FMCSA-2009-0121, FMCSA-2009-0303, FMCSA- 2010-0187, FMCSA-2010-0354, FMCSA-2011-0010, FMCSA-2011-0024, FMCSA-2011-0057, FMCSA-2011-0092, FMCSA-2011-0102, FMCSA-2011-0142, FMCSA-2011-0189, FMCSA-2011-0298, FMCSA-2011-0299, FMCSA-2011-0366, FMCSA-2011-26690, FMCSA-2013-0021, FMCSA-2013-0022, FMCSA-2013-0025, FMCSA-2013-0027, FMCSA-2013-0029, FMCSA-2013-0165, FMCSA-2013-0167, FMCSA-2013-0168, FMCSA-2013-0169, FMCSA-2013-0170, FMCSA-2014-0003, FMCSA-2014-0007, FMCSA-2014-0296, FMCSA-2014-0297, FMCSA-2014-0299, FMCSA-2015-0048, FMCSA-2015-0049, FMCSA-2015-0053, FMCSA-2015-0055, FMCSA-2015-0056, FMCSA-2015-0070, FMCSA-2015-0072, FMCSA-2015-0344, FMCSA-2016-0213, FMCSA-2016-                          ( print page 7235)                        0214, FMCSA-2017-0014, FMCSA-2017-0018, FMCSA-2017-0020, FMCSA-2017-0022, FMCSA-2017-0023, FMCSA-2017-0024, FMCSA-2018-0209, FMCSA-2019-0004, FMCSA-2019-0006, FMCSA-2019-0013, FMCSA-2019-0014, FMCSA-2019-0015, FMCSA-2019-0019, or FMCSA-2020-0018 in the keyword box, and click “Search.” Next, sort the results by “Posted (Newer-Older),” choose the first notice listed, and click “Browse Comments.” 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 regulatory 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 December 10, 2021, FMCSA published a notice announcing its decision to renew exemptions for 109 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 (86 FR 70571). The public comment period ended on January 10, 2022, and no comments were 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 § 391.41(b)(10).

The physical qualification standard for drivers regarding vision found in § 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.

## III. Discussion of Comments

FMCSA received no comments in this proceeding.

## IV. Conclusion

Based on its evaluation of the 109 renewal exemption applications and comments received, FMCSA confirms its decision to exempt the following drivers from the vision requirement in § 391.41(b)(10).

As of January 3, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 87 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 27027; 64 FR 54948; 66 FR 30502; 67 FR 68719; 68 FR 61857; 70 FR 17504; 70 FR 57353; 71 FR 32183; 72 FR 8417; 72 FR 12666; 72 FR 39879; 74 FR 7097; 74 FR 26461; 75 FR 47883; 75 FR 72863; 76 FR 9856; 76 FR 17481; 76 FR 18824; 76 FR 25766; 76 FR 29022; 76 FR 49528; 76 FR 55465; 76 FR 64169; 77 FR 17117; 78 FR 10251; 78 FR 12815; 78 FR 20376; 78 FR 24798; 78 FR 34143; 78 FR 47818; 78 FR 63302; 78 FR 64274; 78 FR 67454; 79 FR 14571; 79 FR 38659; 79 FR 58856; 79 FR 63211; 79 FR 73397; 80 FR 26139; 80 FR 31636; 80 FR 40122; 80 FR 44188; 80 FR 59230; 80 FR 67476; 80 FR 70060; 82 FR 12678; 82 FR 13187; 82 FR 17736; 82 FR 24430; 82 FR 34564; 82 FR 37504; 82 FR 43647; 84 FR 2323; 84 FR 5550; 84 FR 11859; 84 FR 46088; 84 FR 47050; 84 FR 52160):

Thomas E. Adams (IN)

William D. Amberman (PA)

Lawrence A. Angle (MO)

Robert F. Anneheim (NC)

Luis A. Bejarano (AZ)

Eugenio V. Bermudez (MA)

Johnny A. Bingham (NC)

Russell A. Bolduc (CT)

Jason W. Bowers (OR)

Kenneth E. Bross (MO)

Rickie L. Brown (MS)

Stacey J. Buckingham (ID)

Robert M. Cassell, Jr. (NC)

Julian Collins (GA)

Duane C. Conway (NV)

Andrew R. Cook (VT)

Thomas R. Crocker (SC)

Thomas W. Crouch (IN)

Jeffrey S. Daniel (VA)

John J. Davis (SC)

Walter C. Dean, Sr. (AL)

Gerald S. Dennis (IA)

Brad M. Donald (MI)

Dennis C. Edler (PA)

Denise M. Engle (GA)

Eric Esplin (UT)

Tomie L. Estes (MO)

Steven L. Forristall (WI)

John A. Gartner (MN)

William K. Gullett (KY)

Ahmed M. Gutale (MN)

Michael D. Halferty (IA)

John R. Harper (KS)

Steven E. Hayes (IN)

Richard Healy (MD)

Dustin K. Heimbach (PA)

Dennis H. Heller (KS)

Philip E. Henderson (MO)

Shane M. Holum (WA)

Michael D. Judy (KS)

Jeffrey A. Keefer (OH)

Purvis W. Kills Enemy At Night (SD)

Jay D. Labrum (UT)

Edward H. Lampe (OR)

Charles H. Lefew (VA)

Stephen C. Linardos (FL)

Daniel C. Linares (CA)

Lonnie Lomax, Jr. (IL)

Darrel R. Martin (MD)

Frederick L. McCurry (VA)

Keith W. McNabb (ID)

Dionicio Mendoza (TX)

Ronald S. Milkowski (NJ)

Pablo R. Murillo (TX)

Timothy W. Nappier (MI)

Tobias G. Olsen (ND)

James A. Parker (PA)

John R. Price (AR)

Kenneth A. Reddick (PA)

Francis D. Reginald (NJ)

Steven P. Richter (MN)

Danilo A. Rivera (MD)

Michael J. Robinson (WV)

Esequiel Rodriguez, Jr. (TX)

Jonathan C. Rollings (IA)

James R. Rupert (CA)

Craig R. Saari (MN)

Joaquin A. Sandoval (OR)

Eugene D. Self, Jr. (NC)

Michael L. Sherum (AL)

Levi A. Shetler (OH)

David W. Skillman (WA)

Boyd D. Stamey (NC)

Robert D. Steele (WA)

Neil G. Sturges (NY)

Jeffrey R. Swett (SC)

James B. Taflinger, Sr. (VA)

Lee T. Taylor (FL)

Steven L. Thomas (IN)

Dale A. Torkelson (WI)

Herman D. Truewell (FL)

Tristan A. Twito (TX)

Jeffrey Waterbury (NY)

Daniel A. Wescott (CO)

Gregory A. Woodward (OR)

Walter M. Yohn, Jr. (AL)

William E. Zezulka (MN)

                    The drivers were included in docket numbers FMCSA-1998-4334; FMCSA-1999-5578; FMCSA-1999-6156; FMCSA-2001-9561; FMCSA-2002-12844; FMCSA-2003-16241; FMCSA-2005-20560; FMCSA-2005-22194; FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2007-27333; FMCSA-2007-27897; FMCSA-2008-0398;                           ( print page 7236)                        FMCSA-2009-0121; FMCSA-2010-0187; FMCSA-2010-0354; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0366; FMCSA-2011-26690; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-0007; FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2014-0299; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0053; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0072; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2017-0014; FMCSA-2017-0018; FMCSA-2017-0020; FMCSA-2017-0022; FMCSA-2017-0023; FMCSA-2018-0209; FMCSA-2019-0004; FMCSA-2019-0006; FMCSA-2019-0013; FMCSA-2019-0014; and FMCSA-2019-0015. Their exemptions were applicable as of January 3, 2022 and will expire on January 3, 2024.                

As of January 5, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (76 FR 70213):

George G. Ulferts, Jr. (IA)

The driver was included in docket number FMCSA-2011-0298. The exemption was applicable as of January 5, 2022 and will expire on January 5, 2024.

As of January 8, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (72 FR 67340; 80 FR 76345):

Wayne A. Burnett (NC)

Thomas E. Gross (PA)

Steven G. Hall (NC)

Jason Huddleston (TX)

The drivers were included in docket numbers FMCSA-2007-0017 and FMCSA-2015-0344. Their exemptions were applicable as of January 8, 2022 and will expire on January 8, 2024.

As of January 11, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (82 FR 58262):

Christopher T. Peevyhouse (TN)

The driver was included in docket number FMCSA-2017-0024. The exemption was applicable as of January 11, 2022 and will expire on January 11, 2024.

As of January 15, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 64271):

Glenn H. Lewis (OH); and Roy A. Whitaker (TX)

The drivers were included in docket number FMCSA-2013-0167. Their exemptions were applicable as of January 15, 2022 and will expire on January 15, 2024.

As of January 22, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (84 FR 69814):

Derrick A. Robinson (AL)

The driver was included in docket number FMCSA-2020-0018. The exemption was applicable as of January 22, 2022 and will expire on January 22, 2024.

As of January 23, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 67454):

Leonard A. Martin (NV)

The driver was included in docket number FMCSA-2013-0170. The exemption was applicable as of January 23, 2022 and will expire on January 23, 2024.

As of January 24, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (76 FR 73769):

Mark A. Ferris (IA)

The driver was included in docket number FMCSA-2011-0299. The exemption was applicable as of January 24, 2022 and will expire on January 24, 2024.

As of January 27, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (70 FR 71884):

Jason L. Light (ID)

The driver was included in docket number FMCSA-2005-22727. The exemption is applicable as of January 27, 2022 and will expire on January 27, 2024.

As of January 28, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (74 FR 60022):

Donald E. Halvorson (NM); and Phillip J. Locke (CO)

The drivers were included in docket number FMCSA-2009-0303. Their exemptions were applicable as of January 28, 2022 and will expire on January 28, 2024.

As of January 29, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 67454):

Calvin J. Barbour (NY)

Jamie D. Daniels (IA)

Randy G. Kinney (IL)

Hector Marquez (TX)

The drivers were included in docket number FMCSA-2013-0170. Their exemptions were applicable as of January 29, 2022 and will expire on January 29, 2024.

As of January 30, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (84 FR 72114):

Brian K. Boyd (TX)

Vincent M. Najera (CA)

Jameson A. Otto (TX)

Jose M. Vasquez (NY)

The drivers were included in docket number FMCSA-2019-0019. Their exemptions were applicable as of January 30, 2022 and will expire on January 30, 2024.

                    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                           ( print page 7237)                        and objectives of 49 U.S.C. 31136(e) and 31315(b).                

Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2022-02632 Filed 2-7-22; 8:45 am]

BILLING CODE 4910-EX-P