[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15232-15233]
[FR Doc No: 2018-07184]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0024]

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 exempt 16 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 January 11, 2018. The
exemptions expire on January 11, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], 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<PHONE_NUMBER>.

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 December 11, 2017, FMCSA published a notice announcing receipt
of applications from 16 individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (82 FR 58262). The public comment period ended on January 10,
2018, and two 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[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 two comments in this proceeding. Vicky Johnson
stated Minnesota Driver and Vehicle Services (DVS) has no objections to
Russell J. Soland retaining his CDL with the vision exemption. Amnot
Na[iuml]ve commented that Eric J. Anderson has only two years of
experience driving straight trucks. Applicants are required to provide
FMCSA proof of CMV experience to meet exemption eligibility
requirements. Mr. Anderson provided the required documentation and
therefore is eligible to receive the exemption.

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 December 11, 2017, Federal
Register notice (82 FR 58262) 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 16
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, chorioretinal scar, corneal scar,
keratoconus, macular edema, nystagmus, optic atrophy, prosthetic eye,
retinal detachment, and retinal scar. In most cases, their eye
conditions were not recently developed. Ten of the applicants were
either born with their vision impairments or have had them since
childhood. The six individuals that sustained their vision conditions
as adults have had it for a range of 4 to 18 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 2 to 46 years. In the past three years,
no drivers were involved in crashes, and one driver was convicted of
moving violations in CMVs. 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 deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10) and
(b) by a certified Medical Examiner who attests that the individual 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 in his/her driver's qualification file 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.

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.

VII. Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA
exempts the following drivers from the vision requirement, 49 CFR
391.41(b)(10), subject to the requirements cited above:

Eric J. Andersen (CT)
Mason M. Arends (CO)
Darin P. Ball (NY)
Freddie L. Boyd (MI)
Larry W. Buchanan, Jr. (NM)
Gerald R. Eister (NC)
Joseph A. Kennedy (ME)
Kent E. Kirchner (IA)
Veronica D. Lowe (ID)
Michael P. Meyer (WI)
Christopher T. Peevyhouse (TN)
William L. Richardson, Jr. (IN)
Russell J. Soland (MN)
William L. Sunkler (OR)
Brian J. Tegeler (IL)
William H. Wrice, Jr. (OH)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two 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 and 31315.

    Issued on: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07184 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: March 14, 2007 (Volume 72, Number 49)]
[Notices]
[Page 11861-11862]
[DOCID:fr14mr07-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting; Notice

March 8, 2007.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C
552b:
    Agency Holding Meeting: Federal Energy Regulatory Commission.
    Date And Time: March 15, 2007, 10 a.m.
    Place: Room 2C, 888 First Street, NE., Washington, DC 20426.
    Status: Open.
    Matters To Be Considered: Agenda.

    Note: Items listed on the agenda may be deleted without further
notice.

    Contact Person For More Information: Philis J. Posey, Acting
Secretary, Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,

or may be examined in the Commission's Public Reference Room.

                                         916th--Meeting, Regular Meeting
                                            [March 15, 2007, 10 a.m.]
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              Item No.                        Docket No.                              Company
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                                                 ADMINISTRATIVE
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A-1................................  AD02-1-000.................  Agency Administrative Matters.
A-2................................  AD02-7-000.................  Customer Matters, Reliability, Security and
                                                                   Market Operations.
A-3................................  AD06-3-000.................  Energy Market Update.
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                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1................................  ER04-691-079...............  Midwest Independent Transmission System
                                     ER04-691-081...............   Operator, Inc.
E-2................................  ER06-18-004................  Midwest Independent Transmission System
                                     ER06-18-005................   Operator, Inc.
E-3................................  ER06-18-006................  Midwest Independent Transmission System
                                                                   Operator, Inc.
E-4................................  ER04-691-078...............  Midwest Independent Transmission System
                                                                   Operator, Inc.
E-5................................  EL06-87-000................  Cottonwood Energy Company, LP.
E-6................................  TX07-1-000.................  Brazos Electric Power Cooperative, Inc.
E-7................................  ER05-115-001...............  Duke Energy Oakland, LLC.
E-8................................  ER06-185-003...............  New York Independent System Operator, Inc.
                                     ER06-185-004...............
                                     ER06-185-006...............
E-9................................  OMITTED....................
E-10...............................  TX06-3-000.................  City of Tacoma, Washington and City of
                                                                   Seattle, Washington v. South Columbia Basin
                                                                   Irrigation District East Columbia Basin
                                                                   Irrigation District Quincy Columbia Basin
                                                                   Irrigation District Grand Coulee Project
                                                                   Hydroelectric Authority.
                                     P-2849-015.................  South Columbia Basin Irrigation District,
                                                                   East.
                                     P-3295-012.................  Columbia Basin Irrigation District, Quincy
                                                                   Columbia Basin Irrigation District and Grand
                                                                   Coulee Project Hydroelectric Authority.
                                     DI07-3-000.................  City of Tacoma, Washington and City of
                                     DI07-4-000.................   Seattle, Washington.
E-11...............................  OMITTED....................
E-12...............................  RM07-11-000................  Applicability of Federal Power Act Section 215
                                                                   to Qualifying Small Power Production and
                                                                   Cogeneration Facilities.
E-13...............................  RM06-16-000................  Mandatory Reliability Standards for the Bulk-
                                                                   Power System.
E-14...............................  EL07-18-000................  New York Independent System Operator, Inc. v.
                                                                   Astoria Energy LLC.
E-15...............................  RM00-7-012.................  Revision to Annual Charges to Public Utilities
                                                                   (Westar Energy, Inc. and Kansas Gas &
                                                                   Electric Company).
E-16...............................  TX06-2-000.................  Aero Energy, LLC.
                                     TX06-2-002.................
                                     TX06-2-003.................
                                     TX06-2-004.................
E-17...............................  ER05-522-001...............  Bluegrass Generation Company, L.L.C.
E-18...............................  EL05-150-001...............  Richard Blumenthal, Attorney General for the
                                                                   State of Connecticut, the Connecticut Office
                                                                   of Consumer Counsel, the Connecticut
                                                                   Municipal Electric Energy Cooperative and the
                                                                   Connecticut Industrial Energy Consumers v.
                                                                   ISO New England, Inc.
E-19...............................  ER06-1382-001..............  Bluegrass Generation Company, L.L.C.
----------------------------------------------------------------------------------------------------------------
                                                       GAS
----------------------------------------------------------------------------------------------------------------
G-1................................  RP06-231-002...............  Norstar Operating, LLC v. Columbia Gas
                                                                   Transmission Corporation.

                                     RP06-365-000...............  Columbia Gas Transmission Corporation.
G-2................................  PR07-1-000.................  Peoples Gas Light and Coke Company.
G-3................................  RP01-503-006...............  Natural Gas Pipeline Company of America.
G-4................................  OMITTED....................
G-5................................  RP07-172-000...............  Columbia Gulf Transmission Company.
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                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1................................  P-2216-066.................  New York Power Authority.
H-2................................  P-2438-062.................  Seneca Falls Power Corporation.
                                     P-11120-035................  Commonwealth Power Company.
                                     P-11300-029................
                                     P-11516-031................
                                     P-11150-023................  Cameron Gas and Electric Company.
                                     P-2239-039.................  Tomahawk Power and Pulp Company.
H-3................................  P-2539-031.................  Erie Boulevard Hydropower, L.P.
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                                                  CERTIFICATES
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C-1................................  OMITTED....................
C-2................................  CP05-383-000...............  Algonquin Gas Transmission, LLC.
C-3................................  CP07-75-000................  Sonora Pipeline, LLC.
C-4................................  CP06-488-000...............  Natural Gas Pipeline Company of America.
                                     CP06-499-000...............  Kinder Morgan Louisiana Pipeline LLC.
                                     CP06-450-000...............
                                     CP06-451-000...............
C-5................................  OMITTED....................
C-6................................  CP05-150-002...............  Hardy Storage Company, LLC.
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Philis J. Posey,
Acting Secretary.
    A free webcast of this event is available through http://www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of Events and

locating this event in the Calendar. The event will contain a link to
its webcast. The Capitol Connection provides technical support for the
free webcasts. It also offers access to this event via television in
the DC area and via phone bridge for a fee. If you have any questions,
visit http://www.CapitolConnection.org or contact Danelle Perkowski or

David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.
 [FR Doc. E7-4595 Filed 3-13-07; 8:45 am]

BILLING CODE 6717-01-P