Qualification of Drivers; Exemption Applications; Vision, 26719-26722 [2019-11931]

Download as PDF Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices exemptions, were applicable March 13, 2019, and will expire March 13, 2021. As of March 19, 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 hearing requirement in the FMCSRs for interstate CMV drivers: Jared Katakura (HI) and Victor Morales (TX) The drivers were included in docket numbers FMCSA–2014–0103 and FMCSA–2014–0106. Their exemptions are applicable as of March 19, 2019, and will expire on March 19, 2021. As of March 29, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following thirteen individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Conley Bowling (NY) Kareem Douglas (OH) Craig Eberhart (PA) Kenneth Frilando (NY) Nathaniel Godfrey (KY) Kenneth Harris (TX) David Helgerson (WI) Susan Helgerson (WI) Floyd McClain (OH) Robert Parrish (CA) Victor Robinson (IN) Jesse Shelander, (TX) John Turner (CO) The drivers were included in docket numbers FMCSA–2014–0103 and FMCSA–2014–0124. Their exemptions are applicable as of March 29, 2019, and will expire on March 29, 2021. jbell on DSK3GLQ082PROD with NOTICES V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must report any crashes or accidents as defined in 49 CFR 390.5; and (2) report all citations and convictions for disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA; and (3) each driver prohibited from operating a motorcoach or bus with passengers in interstate commerce. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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 VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 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. VII. Conclusion Based upon its evaluation of the twenty four exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in 49 CFR 391.41 (b)(11). 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: May 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–11920 Filed 6–6–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–20560; FMCSA– 2006–24783; FMCSA–2006–26653; FMCSA– 2009–0054; FMCSA–2009–0121; FMCSA– 2009–0321; FMCSA–2010–0287; FMCSA– 2010–0372; FMCSA–2011–0057; FMCSA– 2011–0092; FMCSA–2011–0102; FMCSA– 2012–0161; FMCSA–2012–0280; FMCSA– 2012–0337; FMCSA–2012–0338; FMCSA– 2013–0022; FMCSA–2013–0027; FMCSA– 2013–0028; FMCSA–2014–0298; FMCSA– 2014–0301; FMCSA–2014–0302; FMCSA– 2014–0304; FMCSA–2014–0305; FMCSA– 2015–0049; FMCSA–2015–0052; FMCSA– 2016–0207; FMCSA–2016–0209; FMCSA– 2016–0213; FMCSA–2016–0377; FMCSA– 2017–0014; FMCSA–2017–0017; FMCSA– 2017–0018] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 74 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 SUMMARY: PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 26719 dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 8, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2005–20560; FMCSA–2006– 24783; FMCSA–2006–26653; FMCSA– 2009–0054; FMCSA–2009–0121; FMCSA–2009–0321; FMCSA–2010– 0287; FMCSA–2010–0372; FMCSA– 2011–0057; FMCSA–2011–0092; FMCSA–2011–0102; FMCSA–2012– 0161; FMCSA–2012–0280; FMCSA– 2012–0337; FMCSA–2012–0338; FMCSA–2013–0022; FMCSA–2013– 0027; FMCSA–2013–0028; FMCSA– 2014–0298; FMCSA–2014–0301; FMCSA–2014–0302; FMCSA–2014– 0304; FMCSA–2014–0305; FMCSA– 2015–0049; FMCSA–2015–0052; FMCSA–2016–0207; FMCSA–2016– 0209; FMCSA–2016–0213; FMCSA– 2016–0377; FMCSA–2017–0014; FMCSA–2017–0017; FMCSA–2017– 0018 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 E:\FR\FM\07JNN1.SGM 07JNN1 jbell on DSK3GLQ082PROD with NOTICES 26720 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices notice (Docket No. FMCSA–2005– 20560; FMCSA–2006–24783; FMCSA– 2006–26653; FMCSA–2009–0054; FMCSA–2009–0121; FMCSA–2009– 0321; FMCSA–2010–0287; FMCSA– 2010–0372; FMCSA–2011–0057; FMCSA–2011–0092; FMCSA–2011– 0102; FMCSA–2012–0161; FMCSA– 2012–0280; FMCSA–2012–0337; FMCSA–2012–0338; FMCSA–2013– 0022; FMCSA–2013–0027; FMCSA– 2013–0028; FMCSA–2014–0298; FMCSA–2014–0301; FMCSA–2014– 0302; FMCSA–2014–0304; FMCSA– 2014–0305; FMCSA–2015–0049; FMCSA–2015–0052; FMCSA–2016– 0207; FMCSA–2016–0209; FMCSA– 2016–0213; FMCSA–2016–0377; FMCSA–2017–0014; FMCSA–2017– 0017; FMCSA–2017–0018), 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–2005–20560; FMCSA–2006–24783; FMCSA–2006– 26653; FMCSA–2009–0054; FMCSA– 2009–0121; FMCSA–2009–0321; FMCSA–2010–0287; FMCSA–2010– 0372; FMCSA–2011–0057; FMCSA– 2011–0092; FMCSA–2011–0102; FMCSA–2012–0161; FMCSA–2012– 0280; FMCSA–2012–0337; FMCSA– 2012–0338; FMCSA–2013–0022; FMCSA–2013–0027; FMCSA–2013– 0028; FMCSA–2014–0298; FMCSA– 2014–0301; FMCSA–2014–0302; FMCSA–2014–0304; FMCSA–2014– 0305; FMCSA–2015–0049; FMCSA– 2015–0052; FMCSA–2016–0207; FMCSA–2016–0209; FMCSA–2016– 0213; FMCSA–2016–0377; FMCSA– 2017–0014; FMCSA–2017–0017; FMCSA–2017–0018, 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 VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 know that they reached the facility, 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–2005–20560; FMCSA–2006–24783; FMCSA–2006– 26653; FMCSA–2009–0054; FMCSA– 2009–0121; FMCSA–2009–0321; FMCSA–2010–0287; FMCSA–2010– 0372; FMCSA–2011–0057; FMCSA– 2011–0092; FMCSA–2011–0102; FMCSA–2012–0161; FMCSA–2012– 0280; FMCSA–2012–0337; FMCSA– 2012–0338; FMCSA–2013–0022; FMCSA–2013–0027; FMCSA–2013– 0028; FMCSA–2014–0298; FMCSA– 2014–0301; FMCSA–2014–0302; FMCSA–2014–0304; FMCSA–2014– 0305; FMCSA–2015–0049; FMCSA– 2015–0052; FMCSA–2016–0207; FMCSA–2016–0209; FMCSA–2016– 0213; FMCSA–2016–0377; FMCSA– 2017–0014; FMCSA–2017–0017; FMCSA–2017–0018, 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 maximum duration of a driver’s medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 74 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 74 applicants has satisfied the renewal conditions for obtaining an exemption from the vision standard (see 70 FR 17504; 70 FR 30997; 71 FR 32183; 71 FR 41310; 72 FR 8417; 72 FR 27624; 72 FR 36099; 73 FR 36955; 74 FR 11988; 74 FR 19270; 74 FR 21427; 74 FR 26461; 74 FR 26466; 74 FR 34630; 75 FR 1835; 75 FR 9482; 75 FR 36779; 75 FR 69737; 76 FR 1499; 76 FR 7894; 76 FR 18824; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 29022; 76 FR 29024; 76 FR 37168; 76 FR 37173; 76 FR 37885; 76 FR 44082; 77 FR 40945; 77 FR 41879; 77 FR 52391; 77 FR 64839; E:\FR\FM\07JNN1.SGM 07JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices 77 FR 70534; 77 FR 74731; 77 FR 74733; 77 FR 75494; 78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12815; 78 FR 16762; 78 FR 22596; 78 FR 22602; 78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 78 FR 57679; 79 FR 24298; 79 FR 65760; 79 FR 69985; 79 FR 72756; 79 FR 73393; 80 FR 3308; 80 FR 3723; 80 FR 6162; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80 FR 15863; 80 FR 16502; 80 FR 20558; 80 FR 20562; 80 FR 22773; 80 FR 25766; 80 FR 26320; 80 FR 29152; 80 FR 31636; 80 FR 31640; 80 FR 31957; 80 FR 33007; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 45573; 80 FR 48404; 80 FR 48413; 81 FR 70248; 81 FR 70251; 81 FR 90046; 81 FR 96165; 81 FR 96178; 81 FR 96180; 82 FR 13045; 82 FR 13048; 82 FR 13187; 82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR 18956; 82 FR 20962; 82 FR 23712; 82 FR 24430; 82 FR 26224; 82 FR 33542; 82 FR 35050; 82 FR 37499). 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 July and are discussed below. As of July 2, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 42 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (70 FR 17504; 70 FR 30997; 71 FR 32183; 71 FR 41310; 72 FR 8417; 72 FR 27624; 72 FR 36099; 73 FR 36955; 74 FR 11988; 74 FR 19270; 74 FR 21427; 74 FR 26466; 75 FR 1835; 75 FR 9482; 75 FR 36779; 75 FR 69737; 76 FR 1499; 76 FR 7894; 76 FR 18824; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 29024; 76 FR 37173; 76 FR 37885; 77 FR 40945; 77 FR 41879; 77 FR 52391; 77 FR 64839; 77 FR 70534; 77 FR 74731; 77 FR 74733; 77 FR 75494; 78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12815; 78 FR 16762; 78 FR 22596; VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 78 FR 22602; 78 FR 26106; 78 FR 37270; 78 FR 57679; 79 FR 24298; 79 FR 65760; 79 FR 69985; 79 FR 72756; 79 FR 73393; 80 FR 3308; 80 FR 3723; 80 FR 6162; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80 FR 15863; 80 FR 16502; 80 FR 20558; 80 FR 20562; 80 FR 22773; 80 FR 25766; 80 FR 26320; 80 FR 29152; 80 FR 31640; 80 FR 31957; 80 FR 33011; 80 FR 45573; 81 FR 70248; 81 FR 70251; 81 FR 90046; 81 FR 96165; 81 FR 96178; 81 FR 96180; 82 FR 13045; 82 FR 13048; 82 FR 13187; 82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR 18956; 82 FR 20962; 82 FR 23712; 82 FR 24430; 82 FR 26224; 82 FR 33542; 82 FR 35050; 82 FR 37499): Luis A. Bejarano (AZ) Robert W. Blankenship (CA) Michael R. Bradford (MD) Ronald G. Bradley (IN) Justin C. Bruchman (WI) Douglas S. Dalling (GA) James M. Demgard (NJ) Brandon G. Dills (NC) David L. Ellis (OK) Larry E. Emanuel (FL) Michael K. Engemann (MO) Denise M. Engle (GA) Kenneth E. Flack, Jr. (AL) Andrew G. Fornsel (NY) Anthony A. Gibson (IL) Robert A. Goerl, Jr. (PA) Timothy M. Good (MI) Jeffrey J. Graham (MI) Wade M. Hillmer (MN) Michael W. Jensen (CA) Robert N. Lewis (OH) Scottie W. Lewis (GA) Michael J. McGregan (FL) Anthony R. Miles (NV) Kenneth H. Morris (NC) Richard N. Moyer, Jr. (PA) Al V. Nowviock (IL) Jerry D. Paul (OK) George J. Paxson (DE) John P. Perez (FL) Garry W. Perkins (NH) Raymond W. Pitts (FL) Reginald I. Powell (IL) John J. Pribanic (TX) Jason R. Raml (SD) Charles M. Reese (UT) Kevin L. Riddle (FL) Wilbur Robinson (NJ) Charles H. Smith (IN) Joseph Stenberg (MT) Christopher A. Stewart (GA) James K. Waites (AR) The drivers were included in docket numbers FMCSA–2005–20560; FMCSA–2006–24783; FMCSA–2006– 26653; FMCSA–2009–0054; FMCSA– 2009–0321; FMCSA–2010–0287; FMCSA–2010–0372; FMCSA–2011– 0057; FMCSA–2011–0092; FMCSA– 2012–0161; FMCSA–2012–0280; FMCSA–2012–0337; FMCSA–2012– PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 26721 0338; FMCSA–2013–0022; FMCSA– 2014–0298; FMCSA–2014–0301; FMCSA–2014–0302; FMCSA–2014– 0304; FMCSA–2014–0305; FMCSA– 2016–0207; FMCSA–2016–0209; FMCSA–2016–0213; FMCSA–2016– 0377; FMCSA–2017–0014; FMCSA– 2017–0017; FMCSA–2017–0018. Their exemptions are applicable as of July 2, 2019, and will expire on July 2, 2021. As of July 7, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 31636; 80 FR 48413; 82 FR 33542): Thomas E. Groves (WV); Stephen T. Hines (NJ); and Herbert S. Lear (PA) The drivers were included in docket number FMCSA–2015–0049. Their exemptions are applicable as of July 7, 2019, and will expire on July 7, 2021. As of July 9, 2019, 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 requirement in the FMCSRs for interstate CMV drivers (78 FR 27281; 78 FR 41188; 80 FR 33007; 82 FR 33542): Brian G. Dvorak (IL) Charles T. Spears (VA) Gregory J. Thurston (PA) Donald Torbett (IA) The drivers were included in docket number FMCSA–2013–0028. Their exemptions are applicable as of July 9, 2019, and will expire on July 9, 2021. As of July 16, 2019, 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 requirement in the FMCSRs for interstate CMV drivers (74 FR 26461; 74 FR 34630; 76 FR 37168; 78 FR 51269; 82 FR 33542): Steven L. Forristall (WI) Rocky D. Gysberg (MN) Charles H. Lefew (VA) Joseph B. Peacock (NC) The drivers were included in docket number FMCSA–2009–0121. Their exemptions are applicable as of July 16, 2019, and will expire on July 16, 2021. As of July 22, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (76 FR 29022; 76 FR 44082; 78 FR 51268; 80 FR 36398; 82 FR 33542): Stanley C. Anders (SD) Joel A. Cabrera (FL) E:\FR\FM\07JNN1.SGM 07JNN1 26722 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices Sherman W. Clapper (ID) Ronald R. Fournier (NY) Ronald D. Jackman II (NV) Thomas W. Kent (IN) Robert J. MacInnis (MA) Larry D. Warneke (WA) The drivers were included in docket number FMCSA–2011–0102. Their exemptions are applicable as of July 22, 2019, and will expire on July 22, 2021. As of July 23, 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 35699; 80 FR 48404; 82 FR 33542): Garry D. Burkholder (PA) Wladyslaw Gogola (IL) Antonio Gomez (PA) Acquillious Jackson III (SC) Jimmy D. Johnson II (TN) Bradley J. Kearl (UT) Mark A. Pleskovitch (IL) Edward J. Puto (CT) Kyle B. Sharp (MI) Francis A. St. Pierre (NH) The drivers were included in docket number FMCSA–2015–0052. Their exemptions are applicable as of July 23, 2019, and will expire on July 23, 2021. As of July 31, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 24798; 78 FR 46407; 80 FR 36395; 82 FR 33542): Frank L. O’Rourke (NY); Larry F. Reber (OH); and Edward Swaggerty, Jr. (OH) The drivers were included in docket number FMCSA–2013–0027. Their exemptions are applicable as of July 31, 2019, and will expire on July 31, 2021. jbell on DSK3GLQ082PROD with NOTICES V. 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 VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 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. Federal Motor Carrier Safety Administration taking anti-seizure medication to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 8, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2019–0030 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 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: [Docket No. FMCSA–2019–0030] I. Public Participation Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders A. Submitting Comments 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 74 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: May 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–11931 Filed 6–6–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from four individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2019–0030), 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–2019–0030, in E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26719-26722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11931]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2006-26653; 
FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-2010-0287; 
FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-0102; 
FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0338; 
FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0298; 
FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305; 
FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-2016-0209; 
FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-0017; 
FMCSA-2017-0018]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 74 
individuals from the vision requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these individuals to continue to 
operate CMVs in interstate commerce without meeting the vision 
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before July 8, 
2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2005-20560; FMCSA-2006-24783; 
FMCSA-2006-26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; 
FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; 
FMCSA-2011-0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; 
FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; 
FMCSA-2014-0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; 
FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; 
FMCSA-2016-0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; 
FMCSA-2017-0017; FMCSA-2017-0018 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, [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., 
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

[[Page 26720]]

notice (Docket No. FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2006-
26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-2010-
0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-
0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-
0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-
0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-
0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-2016-
0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-
0017; FMCSA-2017-0018), 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-2005-20560; FMCSA-2006-24783; FMCSA-2006-
26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-2010-
0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-
0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-
0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-
0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-
0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-2016-
0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-
0017; FMCSA-2017-0018, 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, 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-2005-20560; FMCSA-2006-24783; FMCSA-
2006-26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-
2010-0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-
2011-0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-
2012-0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2014-0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-
2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-
2016-0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-
2017-0017; FMCSA-2017-0018, 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 74 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 74 applicants has satisfied the renewal conditions for 
obtaining an exemption from the vision standard (see 70 FR 17504; 70 FR 
30997; 71 FR 32183; 71 FR 41310; 72 FR 8417; 72 FR 27624; 72 FR 36099; 
73 FR 36955; 74 FR 11988; 74 FR 19270; 74 FR 21427; 74 FR 26461; 74 FR 
26466; 74 FR 34630; 75 FR 1835; 75 FR 9482; 75 FR 36779; 75 FR 69737; 
76 FR 1499; 76 FR 7894; 76 FR 18824; 76 FR 20078; 76 FR 21796; 76 FR 
25762; 76 FR 25766; 76 FR 29022; 76 FR 29024; 76 FR 37168; 76 FR 37173; 
76 FR 37885; 76 FR 44082; 77 FR 40945; 77 FR 41879; 77 FR 52391; 77 FR 
64839;

[[Page 26721]]

77 FR 70534; 77 FR 74731; 77 FR 74733; 77 FR 75494; 78 FR 9772; 78 FR 
12811; 78 FR 12813; 78 FR 12815; 78 FR 16762; 78 FR 22596; 78 FR 22602; 
78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 37270; 78 FR 41188; 78 FR 
46407; 78 FR 51268; 78 FR 51269; 78 FR 57679; 79 FR 24298; 79 FR 65760; 
79 FR 69985; 79 FR 72756; 79 FR 73393; 80 FR 3308; 80 FR 3723; 80 FR 
6162; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80 
FR 15863; 80 FR 16502; 80 FR 20558; 80 FR 20562; 80 FR 22773; 80 FR 
25766; 80 FR 26320; 80 FR 29152; 80 FR 31636; 80 FR 31640; 80 FR 31957; 
80 FR 33007; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 
45573; 80 FR 48404; 80 FR 48413; 81 FR 70248; 81 FR 70251; 81 FR 90046; 
81 FR 96165; 81 FR 96178; 81 FR 96180; 82 FR 13045; 82 FR 13048; 82 FR 
13187; 82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR 18956; 82 FR 20962; 
82 FR 23712; 82 FR 24430; 82 FR 26224; 82 FR 33542; 82 FR 35050; 82 FR 
37499). 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 July and 
are discussed below. As of July 2, 2019, and in accordance with 49 
U.S.C. 31136(e) and 31315, the following 42 individuals have satisfied 
the renewal conditions for obtaining an exemption from the vision 
requirement in the FMCSRs for interstate CMV drivers (70 FR 17504; 70 
FR 30997; 71 FR 32183; 71 FR 41310; 72 FR 8417; 72 FR 27624; 72 FR 
36099; 73 FR 36955; 74 FR 11988; 74 FR 19270; 74 FR 21427; 74 FR 26466; 
75 FR 1835; 75 FR 9482; 75 FR 36779; 75 FR 69737; 76 FR 1499; 76 FR 
7894; 76 FR 18824; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 
76 FR 29024; 76 FR 37173; 76 FR 37885; 77 FR 40945; 77 FR 41879; 77 FR 
52391; 77 FR 64839; 77 FR 70534; 77 FR 74731; 77 FR 74733; 77 FR 75494; 
78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12815; 78 FR 16762; 78 FR 
22596; 78 FR 22602; 78 FR 26106; 78 FR 37270; 78 FR 57679; 79 FR 24298; 
79 FR 65760; 79 FR 69985; 79 FR 72756; 79 FR 73393; 80 FR 3308; 80 FR 
3723; 80 FR 6162; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 14220; 80 
FR 14223; 80 FR 15863; 80 FR 16502; 80 FR 20558; 80 FR 20562; 80 FR 
22773; 80 FR 25766; 80 FR 26320; 80 FR 29152; 80 FR 31640; 80 FR 31957; 
80 FR 33011; 80 FR 45573; 81 FR 70248; 81 FR 70251; 81 FR 90046; 81 FR 
96165; 81 FR 96178; 81 FR 96180; 82 FR 13045; 82 FR 13048; 82 FR 13187; 
82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR 18956; 82 FR 20962; 82 FR 
23712; 82 FR 24430; 82 FR 26224; 82 FR 33542; 82 FR 35050; 82 FR 
37499):

Luis A. Bejarano (AZ)
Robert W. Blankenship (CA)
Michael R. Bradford (MD)
Ronald G. Bradley (IN)
Justin C. Bruchman (WI)
Douglas S. Dalling (GA)
James M. Demgard (NJ)
Brandon G. Dills (NC)
David L. Ellis (OK)
Larry E. Emanuel (FL)
Michael K. Engemann (MO)
Denise M. Engle (GA)
Kenneth E. Flack, Jr. (AL)
Andrew G. Fornsel (NY)
Anthony A. Gibson (IL)
Robert A. Goerl, Jr. (PA)
Timothy M. Good (MI)
Jeffrey J. Graham (MI)
Wade M. Hillmer (MN)
Michael W. Jensen (CA)
Robert N. Lewis (OH)
Scottie W. Lewis (GA)
Michael J. McGregan (FL)
Anthony R. Miles (NV)
Kenneth H. Morris (NC)
Richard N. Moyer, Jr. (PA)
Al V. Nowviock (IL)
Jerry D. Paul (OK)
George J. Paxson (DE)
John P. Perez (FL)
Garry W. Perkins (NH)
Raymond W. Pitts (FL)
Reginald I. Powell (IL)
John J. Pribanic (TX)
Jason R. Raml (SD)
Charles M. Reese (UT)
Kevin L. Riddle (FL)
Wilbur Robinson (NJ)
Charles H. Smith (IN)
Joseph Stenberg (MT)
Christopher A. Stewart (GA)
James K. Waites (AR)

    The drivers were included in docket numbers FMCSA-2005-20560; 
FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2009-0054; FMCSA-2009-0321; 
FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; 
FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0338; 
FMCSA-2013-0022; FMCSA-2014-0298; FMCSA-2014-0301; FMCSA-2014-0302; 
FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2016-0207; FMCSA-2016-0209; 
FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-0017; 
FMCSA-2017-0018. Their exemptions are applicable as of July 2, 2019, 
and will expire on July 2, 2021.
    As of July 7, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (80 FR 31636; 80 FR 48413; 82 FR 
33542):

Thomas E. Groves (WV); Stephen T. Hines (NJ); and Herbert S. Lear (PA)

    The drivers were included in docket number FMCSA-2015-0049. Their 
exemptions are applicable as of July 7, 2019, and will expire on July 
7, 2021.
    As of July 9, 2019, 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 requirement in 
the FMCSRs for interstate CMV drivers (78 FR 27281; 78 FR 41188; 80 FR 
33007; 82 FR 33542):

Brian G. Dvorak (IL)
Charles T. Spears (VA)
Gregory J. Thurston (PA)
Donald Torbett (IA)

    The drivers were included in docket number FMCSA-2013-0028. Their 
exemptions are applicable as of July 9, 2019, and will expire on July 
9, 2021.
    As of July 16, 2019, 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 requirement in 
the FMCSRs for interstate CMV drivers (74 FR 26461; 74 FR 34630; 76 FR 
37168; 78 FR 51269; 82 FR 33542):

Steven L. Forristall (WI)
Rocky D. Gysberg (MN)
Charles H. Lefew (VA)
Joseph B. Peacock (NC)

    The drivers were included in docket number FMCSA-2009-0121. Their 
exemptions are applicable as of July 16, 2019, and will expire on July 
16, 2021.
    As of July 22, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (76 FR 29022; 76 FR 44082; 78 FR 
51268; 80 FR 36398; 82 FR 33542):

Stanley C. Anders (SD)
Joel A. Cabrera (FL)

[[Page 26722]]

Sherman W. Clapper (ID)
Ronald R. Fournier (NY)
Ronald D. Jackman II (NV)
Thomas W. Kent (IN)
Robert J. MacInnis (MA)
Larry D. Warneke (WA)

    The drivers were included in docket number FMCSA-2011-0102. Their 
exemptions are applicable as of July 22, 2019, and will expire on July 
22, 2021.
    As of July 23, 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 35699; 80 FR 48404; 82 FR 
33542):

Garry D. Burkholder (PA)
Wladyslaw Gogola (IL)
Antonio Gomez (PA)
Acquillious Jackson III (SC)
Jimmy D. Johnson II (TN)
Bradley J. Kearl (UT)
Mark A. Pleskovitch (IL)
Edward J. Puto (CT)
Kyle B. Sharp (MI)
Francis A. St. Pierre (NH)

    The drivers were included in docket number FMCSA-2015-0052. Their 
exemptions are applicable as of July 23, 2019, and will expire on July 
23, 2021.
    As of July 31, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (78 FR 24798; 78 FR 46407; 80 FR 
36395; 82 FR 33542):
    Frank L. O'Rourke (NY); Larry F. Reber (OH); and Edward Swaggerty, 
Jr. (OH) The drivers were included in docket number FMCSA-2013-0027. 
Their exemptions are applicable as of July 31, 2019, and will expire on 
July 31, 2021.

V. 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.

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 74 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: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11931 Filed 6-6-19; 8:45 am]
 BILLING CODE 4910-EX-P
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