Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2309 

FMCSA–2003–16241. Their exemptions 

are applicable as of December 31, 2017, 

and will expire on December 31, 2019. 

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will be rescinded if: (1) The person fails 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 109 

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. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00600 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–5578; FMCSA– 

1999–6480; FMCSA–2000–7165; FMCSA– 

2001–9561; FMCSA–2003–15892; FMCSA– 

2005–21254; FMCSA–2005–21711; FMCSA– 

2006–25246; FMCSA–2006–26066; FMCSA– 

2007–25246; FMCSA–2007–2663; FMCSA– 

2007–27897; FMCSA–2009–0121; FMCSA– 

2009–0154; FMCSA–2011–0024; FMCSA– 

2011–0092; FMCSA–2011–0140; FMCSA– 

2011–0142; FMCSA–2011–0189; FMCSA– 

2013–0026; FMCSA–2013–0027; FMCSA– 

2013–0029; FMCSA–2013–0030; FMCSA– 

2013–0165; FMCSA–2014–0300; FMCSA– 

2014–0302; FMCSA–2014–0304; FMCSA– 

2014–0305; FMCSA–2015–0049; FMCSA– 

2015–0052; FMCSA–2015–0053; FMCSA– 

2015–0055] 

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 renew exemptions for 86 

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 stated in 

the discussions below. 

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 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., ET, 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 October 11, 2017, FMCSA 

published a notice announcing its 

decision to renew exemptions for 86 

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 (82 

FR 47312). The public comment period 

ended on November 13, 2017, and no 

comments were received. 

As stated in the previous notice, 

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 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 

preceding. 

VI. Conclusion 

Based upon its evaluation of the 86 

renewal exemption applications and 

comments received, FMCSA confirms 

its’ decision to exempt the following 

drivers from the vision requirement in 

49 CFR 391.41 (b)(10): 

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

and 31315, the following groups of 

drivers received renewed exemptions in 

the month of October and are discussed 

below: 

As of October 3, 2017, and in 

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


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2310 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

31315, the following 54 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (65 FR 33406; 65 

FR 57234; 66 FR 30502; 66 FR 41654; 

68 FR 13360; 68 FR 44837; 70 FR 12265; 

70 FR 41811; 71 FR 63379; 72 FR 180; 

72 FR 1051; 72 FR 8417; 72 FR 9397; 72 

FR 27624; 72 FR 36099; 72 FR 39879; 

72 FR 40362; 72 FR 52419; 73 FR 78423; 

74 FR 19270; 74 FR 26461; 74 FR 26466; 

74 FR 34395; 74 FR 34630; 74 FR 37295; 

74 FR 41971; 74 FR 48343; 74 FR 6211; 

75 FR 79083; 76 FR 17481; 76 FR 25762; 

76 FR 25766; 76 FR 28125; 76 FR 37169; 

76 FR 37885; 76 FR 44652; 76 FR 44653; 

76 FR 49528; 76 FR 50318; 76 FR 53708; 

76 FR 54530; 76 FR 61143; 77 FR 74734; 

78 FR 4531; 78 FR 22598; 78 FR 24300; 

78 FR 24798; 78 FR 34143; 78 FR 37270; 

78 FR 37274; 78 FR 41975; 78 FR 46407; 

78 FR 52602; 78 FR 56986; 78 FR 56993; 

78 FR 77782; 78 FR 78477; 79 FR 4531; 

79 FR 53708; 79 FR 73686; 80 FR 2473; 

80 FR 12248; 80 FR 14223; 80 FR 18693; 

80 FR 22773; 80 FR 29152; 80 FR 31635; 

80 FR 31636; 80 FR 33011; 80 FR 35699; 

80 FR 36395; 80 FR 37718; 80 FR 40122; 

80 FR 41547; 80 FR 44188; 80 FR 45573; 

80 FR 48402; 80 FR 48404; 80 FR 48411; 

80 FR 48413; 80 FR 49302; 80 FR 50917; 

80 FR 59225; 80 FR 62161; 80 FR 

62163): 

Deneris G. Allen (LA) 

Michael J. Altobelli (CT) 

Joel D. Barchard (MA) 

Rocky B. Bentz (WI) 

Keith A. Bliss (NY) 

Ronald Bostick (SC) 

Steven J. Brauer (NJ) 

Jean-Pierre G. Brefort (CT) 

Michael W. Britt (MD) 

Shaun E. Burnett (MO) 

Kevin W. Cannon (TX) 

Juan R. Cano (TX) 

Charles C. Chapman (NC) 

Thomas W. Crouch (IN) 

Verlin L. Driskell (NE) 

Robin C. Duckett (SC) 

Phillip Ergovich (MO) 

Dan J. Feik (IL) 

Saul E. Fierro (AZ) 

Steven A. Garrity (MA) 

Mark E. Gessner (FL) 

David B. Ginther (PA) 

Dominic F. Giordano (CT) 

Enrique F. Gonzalez (NC) 

Donald A. Hall (NC) 

Willard D. Hall (CA) 

Dennis H. Heller (KS) 

Steven C. Holland (OK) 

Ronald E. Howard (PA) 

Michael A. Kelly (TX) 

Abdullah T. Khalil (VA) 

Jorge Lopez (OH) 

Alex P. Makhanov (WA) 

Michael L. Martin (OH) 

Phillip P. Mazza (WI) 

Lawrence McGowan (OH) 

John T. McWilliams (IA) 

Dionicio Mendoza (TX) 

Garth R. Mero (VT) 

Charles A. Morgan (NC) 

Willam V. Nickel (OR) 

Russell W. Nutter (OH) 

Nathan Pettis (FL) 

Mark A. Pirl (NC) 

Timmy J. Pottebaum (IA) 

Jason W. Rupp (PA) 

Ricky J. Sanderson (UT) 

Kirby R. Sands (IA) 

Manjinder Singh (WA) 

Steven W. Stull (IL) 

Richard G. Vaughn (NC) 

Victor H. Vera (TX) 

Bruce W. Williams (IL) 

The drivers were included in docket 

numbers FMCSA–2000–7165; FMCSA– 

2001–9561; FMCSA–2006–25246; 

FMCSA–2006–26066; FMCSA–2007– 

25246; FMCSA–2007–2663; FMCSA– 

2007–27897; FMCSA–2009–0121; 

FMCSA–2009–0154; FMCSA–2011– 

0024; FMCSA–2011–0092; FMCSA– 

2011–0140; FMCSA–2011–0142; 

FMCSA–2013–0026; FMCSA–2013– 

0027; FMCSA–2013–0029; FMCSA– 

2013–0030; FMCSA–2014–0300; 

FMCSA–2014–0302; FMCSA–2014– 

0304; FMCSA–2014–0305; FMCSA– 

2015–0049; FMCSA–2015–0052; 

FMCSA–2015–0053; FMCSA–2015– 

0055. Their exemptions are applicable 

as of October 3, 2017, and will expire 

on October 3, 2019. 

As of October 23, 2017, and in 

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

31315, the following seven individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirements (78 FR 47818; 78 FR 

63307; 80 FR 59225): 

Larry E. Blakely (GA) 

Britt A. Green (ND) 

Arlene S. Kent (NH) 

Willie L. Murphy (IN) 

Joseph J. Pudlik (IL) 

Jeffrey R. Swett (SC) 

Brian C. Tate (VA) 

The drivers were included in docket 

number FMCSA–2013–0165. Their 

exemptions are applicable as of October 

23, 2017, and will expire on October 23, 

2019. 

As of October 24, 2017, and in 

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

31315, the following 14 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirements (64 FR 27027; 64 FR 

51568; 66 FR 30502; 66 FR 41654; 66 FR 

48504; 68 FR 44837; 68 FR 54775; 70 FR 

30999; 70 FR 41811; 70 FR 46567; 70 FR 

48797; 70 FR 53412; 70 FR 61493; 72 FR 

39879; 72 FR 40359; 72 FR 52421; 72 FR 

54971; 72 FR 62896; 74 FR 34074; 74 FR 

41971; 74 FR 43221; 74 FR 49069; 76 FR 

55467; 76 FR 62143; 78 FR 77782; 80 FR 

59225): 

Calvin D. Atwood (NM) 

Andrew B. Clayton (TN) 

William P. Doolittle (MO) 

Richard L. Gagnebin (KS) 

Jonathan M. Gentry (TN) 

Benny D. Hatton, Jr. (NY) 

Robert W. Healey, Jr. (NJ) 

Nathaniel H. Herbert, Jr. (PA) 

Thomas W. Markham (MN) 

Kevin L. Moody (OH) 

Charles W. Mullenix (GA) 

Garry L. Rogers (CO) 

Gary M. Wolff (IL) 

John C. Young (VA) 

The drivers were included in docket 

numbers FMCSA–1999–5578; FMCSA– 

2001–9561; FMCSA–2005–21254; 

FMCSA–2005–21711; FMCSA–2007– 

27897. Their exemptions are applicable 

as of October 24, 2017, and will expire 

on October 24, 2019. 

As of October 30, 2017, and in 

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

31315, the following seven individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirements (64 FR 68195; 65 FR 

20251; 67 FR 17102; 68 FR 52811; 68 FR 

61860; 70 FR 61165; 71 FR 63379; 72 FR 

1050; 74 FR 49069; 74 FR 53581; 76 FR 

64171; 78 FR 68137; 80 FR 59225): 

James D. Davis (OH) 

Dewayne E. Harms (IL) 

David F. LeClerc (MN) 

Jesse L. Townsend (LA) 

Humberto A. Valles (TX) 

James A. Welch (NH) 

Michael E. Yount (ID) 

The drivers were included in docket 

numbers FMCSA–1999–6480; FMCSA– 

2003–15892; FMCSA–2006–26066. 

Their exemptions are applicable as of 

October 30, 2017, and will expire on 

October 30, 2019. 

As of October 31, 2017, 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 

requirements (76 FR 55465; 76 FR 

67246; 78 FR 77782; 80 FR 59225): 

Darrell G. Anthony (TX) 

Harold L. Pearsall (PA) 

Phillip M. Pridgen, Sr. (MD) 

Gerald D. Stidham (CO) 

The drivers were included in docket 

number FMCSA–2011–0189. Their 

exemptions are applicable as of October 

31, 2017, and will expire on October 31, 

2019. 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

years from the effective date unless 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2311 

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 and 

31315. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00586 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0026] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 18 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before February 15, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0026 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, 

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 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 from 

the FMCSRs for a five-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 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 18 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

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 at 

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 standard red, 

green, and amber. 

In July 1992, the Agency first 

published the criteria for the Vision 

Waiver Program, which listed the 

conditions and reporting standards that 

CMV drivers approved for participation 

would need to meet (Qualification of 

Drivers; Vision Waivers, 57 FR 31458, 

July 16, 1992). The current Vision 

Exemption Program was established in 

1998, following the enactment of 

amendments to the statutes governing 

exemptions made by § 4007 of the 

Transportation Equity Act for the 21st 

Century (TEA–21), Public Law 105–178, 

112 Stat. 107, 401 (June 9, 1998). Vision 

exemptions are considered under the 

procedures established in 49 CFR part 

381 subpart C, on a case-by-case basis 

upon application by CMV drivers who 

do not meet the vision standards of 49 

CFR 391.41(b)(10). 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely with the vision deficiency 

for the past three years. Recent driving 

performance is especially important in 

evaluating future safety, according to 

several research studies designed to 

correlate past and future driving 

performance. Results of these studies 

support the principle that the best 

predictor of future performance by a 

driver is his/her past record of crashes 

and traffic violations. Copies of the 

studies may be found at Docket Number 

FMCSA–1998–3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 

because data from the Federal Highway 

Administration’s (FHWA) former waiver 

study program clearly demonstrated the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively (See 61 FR 13338, 13345, 


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