Qualification of Drivers; Exemption Applications; Vision, 2314-2317 [2019-01259]
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
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will be rescinded if: (1) The person fails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.
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.
VI. Conclusion
Based upon its evaluation of the 71
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 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–01260 Filed 2–5–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–3637; FMCSA–
2000–7006; FMCSA–2001–10578; FMCSA–
2002–12432; FMCSA–2002–12844; FMCSA–
2004–19477; FMCSA–2005–23238; FMCSA–
2006–26066; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2010–0082; FMCSA–
2010–0201; FMCSA–2010–0287; FMCSA–
2010–0327; FMCSA–2010–0354; FMCSA–
2010–0385; FMCSA–2012–0040; FMCSA–
2012–0337; FMCSA–2012–0339; FMCSA–
2014–0007; FMCSA–2014–0010; FMCSA–
2014–0298; FMCSA–2014–0299; FMCSA–
2014–0300; FMCSA–2016–0207; FMCSA–
2016–0210; FMCSA–2016–0212]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
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AGENCY:
FMCSA announces its
decision to renew exemptions for 52
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
SUMMARY:
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18:09 Feb 05, 2019
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drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirements in one eye.
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 March 8, 2019.
DATES:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–1998–3637; FMCSA–2000–
7006; FMCSA–2001–10578; FMCSA–
2002–12432; FMCSA–2002–12844;
FMCSA–2004–19477; FMCSA–2005–
23238; FMCSA–2006–26066; FMCSA–
2008–0266; FMCSA–2008–0340;
FMCSA–2010–0082; FMCSA–2010–
0201; FMCSA–2010–0287; FMCSA–
2010–0327; FMCSA–2010–0354;
FMCSA–2010–0385; FMCSA–2012–
0040; FMCSA–2012–0337; FMCSA–
2012–0339; FMCSA–2014–0007;
FMCSA–2014–0010; FMCSA–2014–
0298; FMCSA–2014–0299; FMCSA–
2014–0300; FMCSA–2016–0207;
FMCSA–2016–0210; FMCSA–2016–
0212 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–1998–3637;
FMCSA–2000–7006; FMCSA–2001–
10578; FMCSA–2002–12432; FMCSA–
2002–12844; FMCSA–2004–19477;
FMCSA–2005–23238; FMCSA–2006–
26066; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2010–0082;
FMCSA–2010–0201; FMCSA–2010–
0287; FMCSA–2010–0327; FMCSA–
2010–0354; FMCSA–2010–0385;
FMCSA–2012–0040; FMCSA–2012–
0337; FMCSA–2012–0339; FMCSA–
2014–0007; FMCSA–2014–0010;
FMCSA–2014–0298; FMCSA–2014–
0299; FMCSA–2014–0300; FMCSA–
2016–0207; FMCSA–2016–0210;
FMCSA–2016–0212), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–1998–3637;
FMCSA–2000–7006; FMCSA–2001–
10578; FMCSA–2002–12432; FMCSA–
2002–12844; FMCSA–2004–19477;
FMCSA–2005–23238; FMCSA–2006–
26066; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2010–0082;
FMCSA–2010–0201; FMCSA–2010–
0287; FMCSA–2010–0327; FMCSA–
2010–0354; FMCSA–2010–0385;
FMCSA–2012–0040; FMCSA–2012–
0337; FMCSA–2012–0339; FMCSA–
2014–0007; FMCSA–2014–0010;
FMCSA–2014–0298; FMCSA–2014–
0299; FMCSA–2014–0300; FMCSA–
2016–0207; FMCSA–2016–0210;
FMCSA–2016–0212, in the keyword
box, and click ‘‘Search.’’ When the new
screen appears, click on the ‘‘Comment
Now!’’ button and type your comment
into the text box on the following
screen. Choose whether you are
submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–1998–3637;
FMCSA–2000–7006; FMCSA–2001–
10578; FMCSA–2002–12432; FMCSA–
2002–12844; FMCSA–2004–19477;
FMCSA–2005–23238; FMCSA–2006–
26066; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2010–0082;
FMCSA–2010–0201; FMCSA–2010–
0287; FMCSA–2010–0327; FMCSA–
2010–0354; FMCSA–2010–0385;
FMCSA–2012–0040; FMCSA–2012–
0337; FMCSA–2012–0339; FMCSA–
2014–0007; FMCSA–2014–0010;
FMCSA–2014–0298; FMCSA–2014–
0299; FMCSA–2014–0300; FMCSA–
2016–0207; FMCSA–2016–0210;
FMCSA–2016–0212, 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
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays.
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C. 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.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for five
years if it finds that 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 two-year period to align with the
maximum duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding vision found in 49
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18:09 Feb 05, 2019
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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 52 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.
III. 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.
IV. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than five years from its approval date
and may be renewed upon application.
FMCSA grants exemptions from the
vision standard for a two-year period to
align with the maximum duration of a
driver’s medical certification. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 52 applicants has
satisfied the renewal conditions for
obtaining an exemption from the vision
standard (see 63 FR 30285; 63 FR 54519;
65 FR 20245; 65 FR 57230; 65 FR 77069;
66 FR 53826; 66 FR 66966; 67 FR 54525;
67 FR 57266; 67 FR 68719; 67 FR 71610;
68 FR 2629; 68 FR 8794; 68 FR 69434;
69 FR 52741; 69 FR 64806; 69 FR 64810;
69 FR 71100; 70 FR 2705; 70 FR 8659;
70 FR 74102; 71 FR 5105; 71 FR 19600;
71 FR 53489; 71 FR 63379; 71 FR 66217;
72 FR 1051; 72 FR 1054; 72 FR 1056; 72
FR 5489; 73 FR 11989; 73 FR 36955; 73
FR 51336; 73 FR 51689; 73 FR 63047;
73 FR 74565; 73 FR 75803; 73 FR 76439;
73 FR 78423; 74 FR 980; 74 FR 6207; 74
FR 6209; 75 FR 13653; 75 FR 25919; 75
FR 36779; 75 FR 39729; 75 FR 52062;
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2315
75 FR 54958; 75 FR 64396; 75 FR 65057;
75 FR 69737; 75 FR 70078; 75 FR 72863;
75 FR 77942; 75 FR 77949; 75 FR 79081;
75 FR 79083; 75 FR 79084; 76 FR 1499;
76 FR 2190; 76 FR 4413; 76 FR 4414; 76
FR 5425; 76 FR 8809; 77 FR 17107; 77
FR 23799; 77 FR 33558; 77 FR 38384;
77 FR 40946; 77 FR 52389; 77 FR 64582;
77 FR 68200; 77 FR 68202; 77 FR 70534;
77 FR 70537; 77 FR 74273; 77 FR 74733;
77 FR 74734; 77 FR 75496; 78 FR 797;
78 FR 798; 78 FR 1919; 78 FR 9772; 78
FR 12813; 78 FR 12817; 79 FR 18391;
79 FR 35218; 79 FR 38659; 79 FR 46300;
79 FR 51643; 79 FR 53514; 79 FR 56104;
79 FR 59357; 79 FR 64001; 79 FR 65759;
79 FR 65760; 79 FR 69985; 79 FR 72756;
79 FR 73397; 79 FR 73686; 79 FR 73687;
79 FR 74169; 80 FR 603; 80 FR 2473; 80
FR 3305; 80 FR 3308; 80 FR 3723; 80 FR
5615; 80 FR 8927; 80 FR 9304; 80 FR
18693; 81 FR 70248; 81 FR 72664; 81 FR
80161; 81 FR 81230; 81 FR 86063; 81 FR
90046; 81 FR 94013; 81 FR 96165; 81 FR
96180; 82 FR 12683; 82 FR 13048). 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 two
years 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 February and are
discussed below. As of February 5,
2019, and in accordance with 49 U.S.C.
31136(e) and 31315, the following 32
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (63
FR 30285; 63 FR 54519; 65 FR 20245;
65 FR 57230; 65 FR 77069; 66 FR 53826;
66 FR 66966; 67 FR 57266; 67 FR 71610;
68 FR 69434; 69 FR 52741; 69 FR 64806;
69 FR 64810; 70 FR 2705; 70 FR 74102;
71 FR 5105; 71 FR 19600; 71 FR 53489;
71 FR 63379; 71 FR 66217; 72 FR 1051;
72 FR 1056; 73 FR 11989; 73 FR 36955;
73 FR 51336; 73 FR 51689; 73 FR 63047;
73 FR 74565; 73 FR 75803; 73 FR 76439;
73 FR 78423; 74 FR 6209; 75 FR 13653;
75 FR 25919; 75 FR 36779; 75 FR 39729;
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75 FR 52062; 75 FR 54958; 75 FR 64396;
75 FR 65057; 75 FR 69737; 75 FR 70078;
75 FR 72863; 75 FR 77949; 75 FR 79081;
75 FR 79083; 75 FR 79084; 76 FR 1499;
76 FR 2190; 76 FR 4413; 77 FR 17107;
77 FR 38384; 77 FR 40946; 77 FR 52389;
77 FR 64582; 77 FR 68200; 77 FR 68202;
77 FR 70537; 77 FR 74273; 77 FR 74733;
77 FR 74734; 77 FR 75496; 78 FR 797;
79 FR 18391; 79 FR 35218; 79 FR 38659;
79 FR 46300; 79 FR 51643; 79 FR 53514;
79 FR 56104; 79 FR 59357; 79 FR 64001;
79 FR 65759; 79 FR 65760; 79 FR 69985;
79 FR 72756; 79 FR 73397; 79 FR 73686;
79 FR 73687; 79 FR 74169; 80 FR 603;
80 FR 3305; 80 FR 8927; 80 FR 9304; 81
FR 70248; 81 FR 72664; 81 FR 80161;
81 FR 81230; 81 FR 86063; 81 FR 90046;
81 FR 94013; 81 FR 96165; 81 FR 96180;
82 FR 12683; 82 FR 13048):
Kurtis A. Anderson (SD)
Terry L. Anderson (PA)
Ricky J. Childress (AL)
Bryan K. DeBorde (WA)
Roger P. Dittrich (IL)
Craig E. Dorrance (MT)
David L. Dykman (ID)
Ricky L. Gillum (KY)
Johnny J. Gowdy (MS)
Harold J. Haier (NY)
Ronald Holshouser (MO)
Timothy L. Kelly (TX)
Lewis A. Kielhack (IL)
John N. Lanning (CA)
Bruce T. Loughary (AR)
Samson B. Margison (OH)
Joe A. McIlroy (NY)
Charles J. Morman (FL)
Timothy W. Nappier (MI)
David J. Nocton (MN)
Edward P. Paloskey (PA)
Monte L. Purciful (IN)
Kevin L. Quastad (IA)
Antonio Rivera (PA)
Carl W. Russell (OK)
Randal C. Schmude (WI)
Ronald B. Shafer (MI)
Ranjodh Singh (CA)
James D. St. Peter (NC)
Lee F. Taylor (NJ)
David J. Triplett (KY)
David L. Von Hagen (IA)
The drivers were included in docket
numbers FMCSA–1998–3637; FMCSA–
2000–7006; FMCSA–2001–10578;
FMCSA–2004–19477; FMCSA–2005–
23238; FMCSA–2006–26066; FMCSA–
2008–0266; FMCSA–2008–0340;
FMCSA–2010–0082; FMCSA–2010–
0201; FMCSA–2010–0287; FMCSA–
2010–0327; FMCSA–2010–0354;
FMCSA–2014–0007; FMCSA–2014–
0010; FMCSA–2014–0298; FMCSA–
2014–0299; FMCSA–2016–0207;
FMCSA–2016–0210; FMCSA–2016–
0212. Their exemptions are applicable
as of February 5, 2019, and will expire
on February 5, 2021.
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18:09 Feb 05, 2019
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As of February 7, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, Thomas J. Boss (IL) 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 1054; 74 FR 980; 76 FR
4414; 78 FR 798; 80 FR 5615; 82 FR
13048).
The driver was included in docket
number FMCSA–2002–12844. The
exemption is applicable as of February
7, 2019, and will expire on February 7,
2021.
As of February 11, 2019, 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 (77 FR 70534; 78
FR 9772; 80 FR 3308; 82 FR 13048):
Douglas Eamens (NY);
Johnie Reed (VA)
The drivers were included in docket
number FMCSA–2012–0337. Their
exemptions are applicable as of
February 11, 2019, and will expire on
February 11, 2021.
As of February 18, 2019, 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 (80 FR 2473; 80
FR 18693; 82 FR 13048):
David C. Berger (PA)
Kenneth Dionisi (MI)
Keith A. Looney (AR)
Raymond L. Bradshaw (TX)
Wolfgang K. Faulkingham (ME)
Van C. Mac (IL)
Jeffrey L. Coachman (NY)
Jackie Lee (FL)
Luis Ramos (FL)
Vantha Yeam (PA)
The drivers were included in docket
number FMCSA–2014–0300. Their
exemptions are applicable as of
February 18, 2019, and will expire on
February 18, 2021.
As of February 25, 2019, 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
requirement in the FMCSRs for
interstate CMV drivers (67 FR 54525; 68
FR 8794; 69 FR 64806; 70 FR 2705; 70
FR 8659; 72 FR 1056; 72 FR 5489; 73 FR
51689; 73 FR 63047; 73 FR 76439; 74 FR
6207; 75 FR 77942; 75 FR 79083; 75 FR
79084; 76 FR 5425; 76 FR 8809; 77 FR
23799; 77 FR 33558; 77 FR 75496; 78 FR
1919; 78 FR 12813; 78 FR 12817; 80 FR
3723; 82 FR 13048):
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Fmt 4703
Sfmt 4703
Lester W. Carter (CA)
Jerry W. Parker (OH)
Cameron R. Whitford (NY)
Dennis E. Fisher (NY)
Gary W. Phelps (PA)
Dennis R. O’Dell, Jr. (OK)
Charles D. Reddick (GA)
The drivers were included in docket
number FMCSA–2002–12432; FMCSA–
2004–19477; FMCSA–2008–0266;
FMCSA–2010–0385; FMCSA–2012–
0040; FMCSA–2012–0339. Their
exemptions are applicable as of
February 25, 2019, and will expire on
February 25, 2021.
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 52
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
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–01259 Filed 2–5–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0333]
Agency Information Collection
Activities; Revision of a CurrentlyApproved Information Collection:
Motor Carrier Identification Report
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. FMCSA requests approval to
revise an ICR titled, ‘‘Motor Carrier
Identification Report,’’ which is used to
identify FMCSA regulated entities, help
prioritize the agency’s activities, aid in
assessing the safety outcomes of those
activities, and for statistical purposes.
This ICR is being revised due to a final
rule dated January 17, 2017, titled,
‘‘Unified Registration System;
Suspension of Effectiveness,’’ effective
January 14, 2017, which suspended its
regulations requiring existing interstate
motor carriers, freight forwarders,
brokers, intermodal equipment
providers (IEPs), hazardous materials
safety permit (HMSP) applicants, and
cargo tank facilities under FMCSA
jurisdiction to submit required
registration and biennial update
information to the Agency via a new
electronic on-line Unified Registration
System (URS). During this suspension,
entities needing to file will follow the
same procedures and forms used to
submit information to FMCSA as they
did prior to January 14, 2017, including
use of Form MCS–150 or MCS–150B.
The Form MCS–150 or MCS–150B will
also be used by the small number of
Mexico-domiciled motor carriers that
seek authority to operate beyond the
United States municipalities on the
United States-Mexico border and their
commercial zones.
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:09 Feb 05, 2019
Jkt 247001
This ICR is necessary to ensure
regulated entities are registered with the
DOT.
DATES: We must receive your comments
on or before April 8, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2018–0333 using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
Participation heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
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.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
PO 00000
Frm 00179
Fmt 4703
Sfmt 4703
2317
Mr.
Jeffrey Secrist, Office of Registration and
Safety Information, Department of
Transportation, FMCSA, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–385–2367; email Jeffrey.secrist@
dot.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background: Title 49, United States
Code Section 504(b)(2) provides the
Secretary of Transportation (Secretary)
with authority to require carriers,
lessors, associations, or classes of these
entities to file annual, periodic, and
special reports containing answers to
questions asked by the Secretary. The
Secretary may also prescribe the form of
records required to be prepared or
compiled and the time period during
which records must be preserved (See
§ 504(b)(1) and (d)). FMCSA will use
this data to administer its safety
programs using a database of entities
that are subject to its regulations. This
database necessitates that these entities
notify FMCSA of their existence. For
example, under 49 CFR 390.19(a),
FMCSA requires all motor carriers
beginning operations to file a Form
MCS–150 titled, ‘‘Motor Carrier
Identification Report,’’ or MCS–150B
titled, ‘‘Combined Motor Carrier
Identification Report and HM Permit
Applications.’’ This report is filed by all
motor carriers conducting operations in
interstate, intrastate transporting
hazardous materials or international
commerce before beginning operations.
It asks the respondent to provide the
name of the business entity that owns
and controls the motor carrier operation;
address and telephone of principal
place of business; assigned
identification number(s), type of
operation, types of cargo usually
transported; number of vehicles owned,
term leased and trip leased; driver
information; and certification statement
signed by an individual authorized to
sign documents on behalf of the
business entity.
Section 350 of the Department of
Transportation and Related Agencies
Appropriations Act, 2002, Public Law
107–87, 115 Stat. 833, 864–866
(December 18, 2001) (49 U.S.C. 13902
note), directed the Agency to issue an
interim final rule (IFR) to ensure that
new entrant motor carriers are
knowledgeable about the Federal Motor
Carrier Safety Regulations (FMCSRs)
and standards. On August 28, 2002, the
Agency published an IFR titled,
‘‘Registration Enforcement’’ (67 FR
31978).
Existing applicants will use the MCS–
150 or MCS–150B to update their
E:\FR\FM\06FEN1.SGM
06FEN1
Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2314-2317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01259]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2001-10578; FMCSA-
2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-23238;
FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0082;
FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-2012-0339;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299;
FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-2016-0212]
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 52
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 March 8,
2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1998-3637; FMCSA-2000-7006;
FMCSA-2001-10578; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477;
FMCSA-2005-23238; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340;
FMCSA-2010-0082; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327;
FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337;
FMCSA-2012-0339; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298;
FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210;
FMCSA-2016-0212 using any of the following methods:
Federal eRulemaking Portal: Go to https://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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2001-10578;
FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-23238;
FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0082;
FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-2012-0339;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299;
FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-2016-0212),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2001-
10578; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-
2005-23238; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-
2010-0082; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-
2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-
2012-0339; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-
2014-0299; FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-
2016-0212, in the keyword box, and click ``Search.'' When the new
screen appears, click on the ``Comment Now!'' button and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility,
[[Page 2315]]
please enclose a stamped, self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov.
Insert the docket number, FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2001-
10578; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-
2005-23238; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-
2010-0082; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-
2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-
2012-0339; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-
2014-0299; FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-
2016-0212, 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 the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.
C. 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.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds that 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 two-year 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[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.
The 52 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.
III. 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.
IV. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 52 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 63 FR 30285; 63 FR
54519; 65 FR 20245; 65 FR 57230; 65 FR 77069; 66 FR 53826; 66 FR 66966;
67 FR 54525; 67 FR 57266; 67 FR 68719; 67 FR 71610; 68 FR 2629; 68 FR
8794; 68 FR 69434; 69 FR 52741; 69 FR 64806; 69 FR 64810; 69 FR 71100;
70 FR 2705; 70 FR 8659; 70 FR 74102; 71 FR 5105; 71 FR 19600; 71 FR
53489; 71 FR 63379; 71 FR 66217; 72 FR 1051; 72 FR 1054; 72 FR 1056; 72
FR 5489; 73 FR 11989; 73 FR 36955; 73 FR 51336; 73 FR 51689; 73 FR
63047; 73 FR 74565; 73 FR 75803; 73 FR 76439; 73 FR 78423; 74 FR 980;
74 FR 6207; 74 FR 6209; 75 FR 13653; 75 FR 25919; 75 FR 36779; 75 FR
39729; 75 FR 52062; 75 FR 54958; 75 FR 64396; 75 FR 65057; 75 FR 69737;
75 FR 70078; 75 FR 72863; 75 FR 77942; 75 FR 77949; 75 FR 79081; 75 FR
79083; 75 FR 79084; 76 FR 1499; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76
FR 5425; 76 FR 8809; 77 FR 17107; 77 FR 23799; 77 FR 33558; 77 FR
38384; 77 FR 40946; 77 FR 52389; 77 FR 64582; 77 FR 68200; 77 FR 68202;
77 FR 70534; 77 FR 70537; 77 FR 74273; 77 FR 74733; 77 FR 74734; 77 FR
75496; 78 FR 797; 78 FR 798; 78 FR 1919; 78 FR 9772; 78 FR 12813; 78 FR
12817; 79 FR 18391; 79 FR 35218; 79 FR 38659; 79 FR 46300; 79 FR 51643;
79 FR 53514; 79 FR 56104; 79 FR 59357; 79 FR 64001; 79 FR 65759; 79 FR
65760; 79 FR 69985; 79 FR 72756; 79 FR 73397; 79 FR 73686; 79 FR 73687;
79 FR 74169; 80 FR 603; 80 FR 2473; 80 FR 3305; 80 FR 3308; 80 FR 3723;
80 FR 5615; 80 FR 8927; 80 FR 9304; 80 FR 18693; 81 FR 70248; 81 FR
72664; 81 FR 80161; 81 FR 81230; 81 FR 86063; 81 FR 90046; 81 FR 94013;
81 FR 96165; 81 FR 96180; 82 FR 12683; 82 FR 13048). 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 two years 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 February
and are discussed below. As of February 5, 2019, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 32 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (63 FR
30285; 63 FR 54519; 65 FR 20245; 65 FR 57230; 65 FR 77069; 66 FR 53826;
66 FR 66966; 67 FR 57266; 67 FR 71610; 68 FR 69434; 69 FR 52741; 69 FR
64806; 69 FR 64810; 70 FR 2705; 70 FR 74102; 71 FR 5105; 71 FR 19600;
71 FR 53489; 71 FR 63379; 71 FR 66217; 72 FR 1051; 72 FR 1056; 73 FR
11989; 73 FR 36955; 73 FR 51336; 73 FR 51689; 73 FR 63047; 73 FR 74565;
73 FR 75803; 73 FR 76439; 73 FR 78423; 74 FR 6209; 75 FR 13653; 75 FR
25919; 75 FR 36779; 75 FR 39729;
[[Page 2316]]
75 FR 52062; 75 FR 54958; 75 FR 64396; 75 FR 65057; 75 FR 69737; 75 FR
70078; 75 FR 72863; 75 FR 77949; 75 FR 79081; 75 FR 79083; 75 FR 79084;
76 FR 1499; 76 FR 2190; 76 FR 4413; 77 FR 17107; 77 FR 38384; 77 FR
40946; 77 FR 52389; 77 FR 64582; 77 FR 68200; 77 FR 68202; 77 FR 70537;
77 FR 74273; 77 FR 74733; 77 FR 74734; 77 FR 75496; 78 FR 797; 79 FR
18391; 79 FR 35218; 79 FR 38659; 79 FR 46300; 79 FR 51643; 79 FR 53514;
79 FR 56104; 79 FR 59357; 79 FR 64001; 79 FR 65759; 79 FR 65760; 79 FR
69985; 79 FR 72756; 79 FR 73397; 79 FR 73686; 79 FR 73687; 79 FR 74169;
80 FR 603; 80 FR 3305; 80 FR 8927; 80 FR 9304; 81 FR 70248; 81 FR
72664; 81 FR 80161; 81 FR 81230; 81 FR 86063; 81 FR 90046; 81 FR 94013;
81 FR 96165; 81 FR 96180; 82 FR 12683; 82 FR 13048):
Kurtis A. Anderson (SD)
Terry L. Anderson (PA)
Ricky J. Childress (AL)
Bryan K. DeBorde (WA)
Roger P. Dittrich (IL)
Craig E. Dorrance (MT)
David L. Dykman (ID)
Ricky L. Gillum (KY)
Johnny J. Gowdy (MS)
Harold J. Haier (NY)
Ronald Holshouser (MO)
Timothy L. Kelly (TX)
Lewis A. Kielhack (IL)
John N. Lanning (CA)
Bruce T. Loughary (AR)
Samson B. Margison (OH)
Joe A. McIlroy (NY)
Charles J. Morman (FL)
Timothy W. Nappier (MI)
David J. Nocton (MN)
Edward P. Paloskey (PA)
Monte L. Purciful (IN)
Kevin L. Quastad (IA)
Antonio Rivera (PA)
Carl W. Russell (OK)
Randal C. Schmude (WI)
Ronald B. Shafer (MI)
Ranjodh Singh (CA)
James D. St. Peter (NC)
Lee F. Taylor (NJ)
David J. Triplett (KY)
David L. Von Hagen (IA)
The drivers were included in docket numbers FMCSA-1998-3637; FMCSA-
2000-7006; FMCSA-2001-10578; FMCSA-2004-19477; FMCSA-2005-23238; FMCSA-
2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0082; FMCSA-
2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-
2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-
2016-0207; FMCSA-2016-0210; FMCSA-2016-0212. Their exemptions are
applicable as of February 5, 2019, and will expire on February 5, 2021.
As of February 7, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, Thomas J. Boss (IL) 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
1054; 74 FR 980; 76 FR 4414; 78 FR 798; 80 FR 5615; 82 FR 13048).
The driver was included in docket number FMCSA-2002-12844. The
exemption is applicable as of February 7, 2019, and will expire on
February 7, 2021.
As of February 11, 2019, 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 (77 FR 70534; 78 FR 9772; 80 FR
3308; 82 FR 13048):
Douglas Eamens (NY);
Johnie Reed (VA)
The drivers were included in docket number FMCSA-2012-0337. Their
exemptions are applicable as of February 11, 2019, and will expire on
February 11, 2021.
As of February 18, 2019, 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 (80 FR 2473; 80 FR 18693; 82 FR
13048):
David C. Berger (PA)
Kenneth Dionisi (MI)
Keith A. Looney (AR)
Raymond L. Bradshaw (TX)
Wolfgang K. Faulkingham (ME)
Van C. Mac (IL)
Jeffrey L. Coachman (NY)
Jackie Lee (FL)
Luis Ramos (FL)
Vantha Yeam (PA)
The drivers were included in docket number FMCSA-2014-0300. Their
exemptions are applicable as of February 18, 2019, and will expire on
February 18, 2021.
As of February 25, 2019, 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 requirement in
the FMCSRs for interstate CMV drivers (67 FR 54525; 68 FR 8794; 69 FR
64806; 70 FR 2705; 70 FR 8659; 72 FR 1056; 72 FR 5489; 73 FR 51689; 73
FR 63047; 73 FR 76439; 74 FR 6207; 75 FR 77942; 75 FR 79083; 75 FR
79084; 76 FR 5425; 76 FR 8809; 77 FR 23799; 77 FR 33558; 77 FR 75496;
78 FR 1919; 78 FR 12813; 78 FR 12817; 80 FR 3723; 82 FR 13048):
Lester W. Carter (CA)
Jerry W. Parker (OH)
Cameron R. Whitford (NY)
Dennis E. Fisher (NY)
Gary W. Phelps (PA)
Dennis R. O'Dell, Jr. (OK)
Charles D. Reddick (GA)
The drivers were included in docket number FMCSA-2002-12432; FMCSA-
2004-19477; FMCSA-2008-0266; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-
2012-0339. Their exemptions are applicable as of February 25, 2019, and
will expire on February 25, 2021.
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 52 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
[[Page 2317]]
exemption will be valid for two years unless revoked earlier by FMCSA.
Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-01259 Filed 2-5-19; 8:45 am]
BILLING CODE 4910-EX-P