Qualification of Drivers; Exemption Applications; Vision, 26724-26726 [2019-11947]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
Logan J. Hertzler
Mr. Hertzler is a 25-year-old class C
driver in Pennsylvania. He has a history
of epilepsy and has been seizure free
since 2010. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2010. His physician states that he is
supportive of Mr. Hertzler receiving an
exemption.
Alexandria Lockhart
Ms. Lockhart is a 27-year-old class C
driver in Pennsylvania. She has a
history of epilepsy and has been seizure
free since April 2011. She takes antiseizure medication with the dosage and
frequency remaining the same since
2011. Her physician states that she is
supportive of Ms. Lockhart receiving an
exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the dates section of the notice.
Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–11932 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
jbell on DSK3GLQ082PROD with NOTICES
[Docket No. FMCSA–2000–7918; FMCSA–
2000–8398; FMCSA–2002–12294; FMCSA–
2004–19477; FMCSA–2005–20027; FMCSA–
2005–20560; FMCSA–2007–27333; FMCSA–
2008–0106; FMCSA–2008–0231; FMCSA–
2008–0398; FMCSA–2009–0054; FMCSA–
2010–0201; FMCSA–2010–0287; FMCSA–
2010–0354; FMCSA–2010–0372; FMCSA–
2011–0010; FMCSA–2011–0024; FMCSA–
2011–0057; FMCSA–2012–0279; FMCSA–
2012–0337; FMCSA–2012–0338; FMCSA–
2013–0021; FMCSA–2013–0022; FMCSA–
2013–0023; FMCSA–2013–0024; FMCSA–
2013–0169; FMCSA–2014–0299; FMCSA–
2014–0300; FMCSA–2014–0301; FMCSA–
2014–0302; FMCSA–2014–0304; FMCSA–
2014–0305; FMCSA–2016–0030; FMCSA–
2016–0214; FMCSA–2017–0014; FMCSA–
2017–0016]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 74
SUMMARY:
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individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirement in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. 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–2000–7918;
FMCSA–2000–8398; FMCSA–2002–
12294; FMCSA–2004–19477; FMCSA–
2005–20027; FMCSA–2005–20560;
FMCSA–2007–27333; FMCSA–2008–
0106; FMCSA–2008–0231; FMCSA–
2008–0398; FMCSA–2009–0054;
FMCSA–2010–0201; FMCSA–2010–
0287; FMCSA–2010–0354; FMCSA–
2010–0372; FMCSA–2011–0010;
FMCSA–2011–0024; FMCSA–2011–
0057; FMCSA–2012–0279; FMCSA–
2012–0337; FMCSA–2012–0338;
FMCSA–2013–0021; FMCSA–2013–
0022; FMCSA–2013–0023; FMCSA–
2013–0024; FMCSA–2013–0169;
FMCSA–2014–0299; FMCSA–2014–
0300; FMCSA–2014–0301; FMCSA–
2014–0302; FMCSA–2014–0304;
FMCSA–2014–0305; FMCSA–2016–
0030; FMCSA–2016–0214; FMCSA–
2017–0014; FMCSA–2017–0016, 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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B. 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
On April 2, 2019, FMCSA published
a notice announcing its decision to
renew exemptions for 74 individuals
from the vision requirement in 49 CFR
391.41(b)(10) to operate a CMV in
interstate commerce and requested
comments from the public (84 FR
12665). The public comment period
ended on May 2, 2019, and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of a least
20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing red, green, and amber.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based on its evaluation of the 74
renewal exemption applications and
comments received, FMCSA confirms
its decision to exempt the following
drivers from the vision requirement in
49 CFR 391.41(b)(10).
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of May and are discussed
below. As of May 7, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 47 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
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interstate CMV drivers (65 FR 66286; 65
FR 78256; 66 FR 13825; 66 FR 16311;
68 FR 13360; 69 FR 64806; 70 FR 2701;
70 FR 2705; 70 FR 12265; 70 FR 16887;
72 FR 1056; 72 FR 11425; 72 FR 11426;
72 FR 12666; 72 FR 25831; 73 FR 35194;
73 FR 46973; 73 FR 48273; 73 FR 54888;
73 FR 76440; 74 FR 7097; 74 FR 8302;
74 FR 8842; 74 FR 11988; 74 FR 15584;
74 FR 15586; 74 FR 21427; 75 FR 44050;
75 FR 54958; 75 FR 64396; 75 FR 69737;
75 FR 70078; 75 FR 72863; 75 FR 80887;
76 FR 1499; 76 FR 2190; 76 FR 7894; 76
FR 9856; 76 FR 11215; 76 FR 12215; 76
FR 15361; 76 FR 20076; 76 FR 20078;
76 FR 21796; 77 FR 60008; 77 FR 64582;
77 FR 68200; 77 FR 68202; 77 FR 70534;
77 FR 71671; 77 FR 74273; 77 FR 74731;
77 FR 74733; 78 FR 9772; 78 FR 10251;
78 FR 12811; 78 FR 12815; 78 FR 12822;
78 FR 14405; 78 FR 14410; 78 FR 16761;
78 FR 16762; 78 FR 18667; 78 FR 20379;
78 FR 22596; 78 FR 22602; 78 FR 24296;
78 FR 64274; 78 FR 77778; 79 FR 56104;
79 FR 65759; 79 FR 65760; 79 FR 73397;
79 FR 73687; 80 FR 603; 80 FR 2473; 80
FR 3308; 80 FR 3723; 80 FR 6162; 80 FR
9304; 80 FR 12248; 80 FR 12251; 80 FR
12254; 80 FR 14220; 80 FR 14223; 80 FR
15859; 80 FR 15863; 80 FR 16500; 80 FR
16502; 80 FR 16509; 80 FR 20562; 80 FR
29152; 80 FR 33011; 81 FR 15401; 81 FR
45214; 81 FR 66726; 81 FR 96165; 82 FR
12678; 82 FR 13043; 82 FR 13048; 82 FR
18818; 82 FR 18949; 82 FR 23712):
Neal S. Anderson (MN)
Michael L. Bergman (KS)
Joseph L. Beverly (FL)
Barry W. Borger (PA)
Gregory L. Cooper (PA)
Kenneth D. Craig (VA)
Marvin R. Daly (SC)
Deurice K. Dean (MD),
William A. Donovan (WA)
David M. Doub (IN)
Efrain Gonzalez (UT)
Ralph V. Graven (OR)
Michael D. Greene (VT)
Robert J. Hansen (MN),
Carl E. Hess (PA)
Michael R. Holmes (SD)
Shane M. Holum (WA),
Terry R. Hunt (FL)
Mark C. Jeffrey (MT)
James A. Jones (MD)
Joseph E. Jones (GA)
William D. Koiner (TX)
Roosevelt Lawson (AL)
Eugene R. Lydick (VA)
Roberto E. Martinez (WA)
Roy E. Mathews (FL)
David S. Mayo (VA)
Joe L. Meredith, Jr. (VA)
Gerald D. Milner (IL)
James G. Mitchell (AL)
Robert A. Moss (MO)
Gary L. Nicholas (MI)
Thomas G. Normington (WY)
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Mark A. Omps (WV)
Johnny A. Peery (MD)
Bobby G. Pool, Sr. (TX)
Zeljko Popovac (VT)
Shannon L. Puckett (KY)
Franklin P. Reigle III (MD)
Bobby L. Rupe (TX)
George D. Ruth (PA)
James A. Smith (WA)
Benjamin Stone (VA)
Donald A. Uplinger II (OH)
Steven M. Veloz (CA)
Steven M. Vujicic (IL)
Charles F. Wotring (OH)
The drivers were included in docket
numbers FMCSA–2000–7918; FMCSA–
2000–8398; FMCSA–2004–19477;
FMCSA–2005–20027; FMCSA–2007–
27333; FMCSA–2008–0106; FMCSA–
2008–0231; FMCSA–2008–0398;
FMCSA–2009–0054; FMCSA–2010–
0201; FMCSA–2010–0287; FMCSA–
2010–0354; FMCSA–2010–0372;
FMCSA–2011–0010; FMCSA–2012–
0279; FMCSA–2012–0337; FMCSA–
2012–0338; FMCSA–2013–0021;
FMCSA–2013–0022; FMCSA–2013–
0023; FMCSA–2013–0169; FMCSA–
2014–0299; FMCSA–2014–0300;
FMCSA–2014–0301; FMCSA–2014–
0302; FMCSA–2014–0304; FMCSA–
2016–0030; FMCSA–2016–0214. Their
exemptions are applicable as of May 7,
2019, and will expire on May 7, 2021.
As of May 13, 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 (72 FR 12666; 72
FR 25831; 74 FR 15586; 76 FR 17481;
76 FR 21796; 76 FR 28125; 78 FR 24300;
80 FR 18696; 82 FR 17736; 82 FR 18949;
82 FR 26224):
Andrew R. Cook (VT)
David R. Ford (OH)
Douglas P. Fossum (SD)
Curtis L. Lamb (KS)
Eric D. Pohlmann (MN)
Michael O. Regentik (MI)
Esequiel Rodriguez, Jr. (TX)
Steven D. Scharber (MN)
George K. Sizemore (NC)
Donald E. Stone (VA)
The drivers were included in docket
numbers FMCSA–2007–27333;
FMCSA–2011–0024; FMCSA–2017–
0014. Their exemptions are applicable
as of May 13, 2019, and will expire on
May 13, 2021.
As of May 19, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (76 FR 18824; 76
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26725
FR 29024; 78 FR 12815; 78 FR 22602;
79 FR 24298; 80 FR 20558; 82 FR
18949):
James O. Cook (GA)
Kevin R. Lambert (NC)
Scott W. Schilling (ND)
Randy E. Sims (WA)
Mark E. Studer (KS)
The drivers were included in docket
numbers FMCSA–2011–0057; FMCSA–
2013–0022. Their exemptions are
applicable as of May 19, 2019, and will
expire on May 19, 2021.
As of May 20, 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 (78 FR 16912; 78
FR 29431; 80 FR 20559; 82 FR 18949):
Dolan A. Gonzalez, Jr. (FL)
Paul Harpin (AZ)
The drivers were included in docket
number FMCSA–2013–0024. Their
exemptions are applicable as of May 20,
2019, and will expire on May 20, 2021.
As of May 25, 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 (82 FR 18954; 82
FR 28734):
Russell R. Dixon (VA)
William M. Hanes (OH)
Dennis L. Spence (WA)
The drivers were included in docket
number FMCSA–2017–0016. Their
exemptions are applicable as of May 25,
2019, and will expire on May 25, 2021.
As of May 27, 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 22773; 80
FR 45573; 82 FR 18949):
Donald W. Donaldson (GA)
Glen E. Robbins (WY)
Steven M. Tewhill (AR)
The drivers were included in docket
number FMCSA–2014–0305. Their
exemptions are applicable as of May 27,
2019, and will expire on May 27, 2021.
As of May 30, 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 (67 FR 46016; 67
FR 57267; 69 FR 62741; 70 FR 17504;
70 FR 30997; 71 FR 62147; 72 FR 27624;
74 FR 19270; 76 FR 9856; 76 FR 20076;
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
76 FR 25762; 78 FR 16762; 78 FR 26106;
80 FR 26320; 82 FR 18949):
Gerald S. Dennis (IA)
John K. Fank (IL)
Kenneth L. Nau (MD)
Kenneth E. Suter, Jr. (OH)
The drivers were included in docket
numbers FMCSA–2002–12294;
FMCSA–2005–20560; FMCSA–2011–
0010. Their exemptions are applicable
as of May 30, 2019, and will expire on
May 30, 2021.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–11947 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0271]
Hours of Service of Drivers: RJR
Transportation, Inc. (RJR); Application
for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant the application of RJR
Transportation, Inc. (RJR) for an
exemption to increase the 100 air-mile
radius in ‘‘short-haul operations’’ to 150
air miles for its drivers. RJR requested
the exemption for all its operators of
commercial motor vehicles (CMVs) to
enable the drivers not exceeding the 150
air-mile radius to utilize time records
instead of a record of duty status
(RODS) for that day. FMCSA has
analyzed the exemption application and
the public comments and has
determined that the exemption, subject
to the terms and conditions imposed,
will likely achieve a level of safety that
is equivalent to, or greater than, the
level that would be achieved absent
such exemption.
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SUMMARY:
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This exemption is effective June
7, 2019 and expires June 7, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–2722.
Email: hoursofservice@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations (FMCSRs). FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
FMCSA reviews safety analyses and
public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
grant or denial, and, if granted, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which exemption is granted. The notice
must also specify the effective period of
the exemption (up to 5 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
RJR Transportation, Inc. (RJR)
requested an exemption to increase the
100 air-mile radius in 49 CFR
395.1(e)(1) to 150 air miles for its
drivers. This would enable RJR’s drivers
not exceeding the 150 air-mile radius to
utilize time records instead of a record
of duty status (RODS) for that day. If
granted, this exemption would spare
RJR from having to install electronic
logging devices (ELDs) on all its CMVs.
RJR is a local trucking operation based
in Northern California operating on
dedicated routes, with more than 98
percent of its trips within a 100 air-mile
radius.
Most of RJR’s drivers qualify for and
operate under the 100 air-mile radius
exemption in 49 CFR 395.1(e)(1); on a
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Sfmt 4703
weekly or monthly basis, fewer than 5
percent of its drivers may exceed the
100 air-mile radius but none go beyond
a 150 air-mile radius. Specifically, RJR
services three areas outside the 100 airmile radius which are all between 100
and 140 air miles from the normal work
reporting location. RJR states that it will
be forced to make a substantial
investment in ELDs for just this short
extension of the 100 air-mile radius.
RJR has five drivers who maintain
paper RODS, but without this
exemption all 60 of its CMVs will need
to be equipped with ELDs to give the
company the flexibility to put any
driver in any vehicle, as it currently
does. This represents a substantial and
ongoing financial commitment not
justified by the infrequent trips beyond
the 100-air mile radius.
RJR states that it will continue to
utilize automatic event recorders, which
capture among other things speed,
global positioning system location, hard
braking events, and sudden turns. RJR
therefore believes that granting the
exemption will achieve a level of safety
equivalent to the level that would be
achieved absent the proposed
exemption.
A copy of RJR’s application for
exemption is available for review in the
docket for this notice.
IV. Public Comments
On October 18, 2018, FMCSA
published notice of this application and
requested public comment (83 FR
52875). The Agency received three
comments, two opposed to the RJR
exemption request. One comment was
non-substantive. One of the commenters
opposed to the exemption stated, ‘‘The
number of requests for consideration for
the FMCSA to increase the parameters
of Part 395.1, i.e., increase the 100 airmile radius to 150 air-mile radius and
increase the 12 hours to 14 hours are
directly related to Part 395.1 and
exclusions from Part 395.8’s ELD
requirements. Again, if the FMCSA
approves the request it will open the
flood gates for more exceptions from
other carriers desiring the same
consideration. Once the FMCSA
approves the request it will be difficult
to refuse other applicants request for the
same consideration. In my opinion the
FMCSA should deny the request and
look at Part 395.1 to see if there’s any
safety analysis to support expanding
Part 395.1’s exception from the ELD.’’
FMCSA is obligated to review all
exemption requests and to compare the
standards set forth in the existing
regulation to the requested exemption. If
the applicant for the exemption
provides alternatives that likely will
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]]>Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26724-26726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11947]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-12294; FMCSA-
2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2007-27333;
FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2008-0398; FMCSA-2009-0054;
FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0354; FMCSA-2010-0372;
FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2012-0279;
FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2013-0021; FMCSA-2013-0022;
FMCSA-2013-0023; FMCSA-2013-0024; FMCSA-2013-0169; FMCSA-2014-0299;
FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2014-0305; FMCSA-2016-0030; FMCSA-2016-0214; FMCSA-2017-0014;
FMCSA-2017-0016]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 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
requirement in one eye.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, 202-366-4001, [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. 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-2000-7918; FMCSA-2000-8398; FMCSA-2002-
12294; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-
2007-27333; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2008-0398; FMCSA-
2009-0054; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0354; FMCSA-
2010-0372; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-
2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2013-0021; FMCSA-
2013-0022; FMCSA-2013-0023; FMCSA-2013-0024; FMCSA-2013-0169; FMCSA-
2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-
2014-0304; FMCSA-2014-0305; FMCSA-2016-0030; FMCSA-2016-0214; FMCSA-
2017-0014; FMCSA-2017-0016, 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.
B. 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
On April 2, 2019, FMCSA published a notice announcing its decision
to renew exemptions for 74 individuals from the vision requirement in
49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and
requested comments from the public (84 FR 12665). The public comment
period ended on May 2, 2019, and no comments were received.
As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to, or greater
than, the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to 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.
III. Discussion of Comments
FMCSA received no comments in this preceding.
IV. Conclusion
Based on its evaluation of the 74 renewal exemption applications
and comments received, FMCSA confirms its decision to exempt the
following drivers from the vision requirement in 49 CFR 391.41(b)(10).
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of May and
are discussed below. As of May 7, 2019, and in accordance with 49
U.S.C. 31136(e) and 31315, the following 47 individuals have satisfied
the renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for
[[Page 26725]]
interstate CMV drivers (65 FR 66286; 65 FR 78256; 66 FR 13825; 66 FR
16311; 68 FR 13360; 69 FR 64806; 70 FR 2701; 70 FR 2705; 70 FR 12265;
70 FR 16887; 72 FR 1056; 72 FR 11425; 72 FR 11426; 72 FR 12666; 72 FR
25831; 73 FR 35194; 73 FR 46973; 73 FR 48273; 73 FR 54888; 73 FR 76440;
74 FR 7097; 74 FR 8302; 74 FR 8842; 74 FR 11988; 74 FR 15584; 74 FR
15586; 74 FR 21427; 75 FR 44050; 75 FR 54958; 75 FR 64396; 75 FR 69737;
75 FR 70078; 75 FR 72863; 75 FR 80887; 76 FR 1499; 76 FR 2190; 76 FR
7894; 76 FR 9856; 76 FR 11215; 76 FR 12215; 76 FR 15361; 76 FR 20076;
76 FR 20078; 76 FR 21796; 77 FR 60008; 77 FR 64582; 77 FR 68200; 77 FR
68202; 77 FR 70534; 77 FR 71671; 77 FR 74273; 77 FR 74731; 77 FR 74733;
78 FR 9772; 78 FR 10251; 78 FR 12811; 78 FR 12815; 78 FR 12822; 78 FR
14405; 78 FR 14410; 78 FR 16761; 78 FR 16762; 78 FR 18667; 78 FR 20379;
78 FR 22596; 78 FR 22602; 78 FR 24296; 78 FR 64274; 78 FR 77778; 79 FR
56104; 79 FR 65759; 79 FR 65760; 79 FR 73397; 79 FR 73687; 80 FR 603;
80 FR 2473; 80 FR 3308; 80 FR 3723; 80 FR 6162; 80 FR 9304; 80 FR
12248; 80 FR 12251; 80 FR 12254; 80 FR 14220; 80 FR 14223; 80 FR 15859;
80 FR 15863; 80 FR 16500; 80 FR 16502; 80 FR 16509; 80 FR 20562; 80 FR
29152; 80 FR 33011; 81 FR 15401; 81 FR 45214; 81 FR 66726; 81 FR 96165;
82 FR 12678; 82 FR 13043; 82 FR 13048; 82 FR 18818; 82 FR 18949; 82 FR
23712):
Neal S. Anderson (MN)
Michael L. Bergman (KS)
Joseph L. Beverly (FL)
Barry W. Borger (PA)
Gregory L. Cooper (PA)
Kenneth D. Craig (VA)
Marvin R. Daly (SC)
Deurice K. Dean (MD),
William A. Donovan (WA)
David M. Doub (IN)
Efrain Gonzalez (UT)
Ralph V. Graven (OR)
Michael D. Greene (VT)
Robert J. Hansen (MN),
Carl E. Hess (PA)
Michael R. Holmes (SD)
Shane M. Holum (WA),
Terry R. Hunt (FL)
Mark C. Jeffrey (MT)
James A. Jones (MD)
Joseph E. Jones (GA)
William D. Koiner (TX)
Roosevelt Lawson (AL)
Eugene R. Lydick (VA)
Roberto E. Martinez (WA)
Roy E. Mathews (FL)
David S. Mayo (VA)
Joe L. Meredith, Jr. (VA)
Gerald D. Milner (IL)
James G. Mitchell (AL)
Robert A. Moss (MO)
Gary L. Nicholas (MI)
Thomas G. Normington (WY)
Mark A. Omps (WV)
Johnny A. Peery (MD)
Bobby G. Pool, Sr. (TX)
Zeljko Popovac (VT)
Shannon L. Puckett (KY)
Franklin P. Reigle III (MD)
Bobby L. Rupe (TX)
George D. Ruth (PA)
James A. Smith (WA)
Benjamin Stone (VA)
Donald A. Uplinger II (OH)
Steven M. Veloz (CA)
Steven M. Vujicic (IL)
Charles F. Wotring (OH)
The drivers were included in docket numbers FMCSA-2000-7918; FMCSA-
2000-8398; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2007-27333; FMCSA-
2008-0106; FMCSA-2008-0231; FMCSA-2008-0398; FMCSA-2009-0054; FMCSA-
2010-0201; FMCSA-2010-0287; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-
2011-0010; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-
2013-0021; FMCSA-2013-0022; FMCSA-2013-0023; FMCSA-2013-0169; FMCSA-
2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-
2014-0304; FMCSA-2016-0030; FMCSA-2016-0214. Their exemptions are
applicable as of May 7, 2019, and will expire on May 7, 2021.
As of May 13, 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 (72 FR 12666; 72 FR 25831; 74 FR
15586; 76 FR 17481; 76 FR 21796; 76 FR 28125; 78 FR 24300; 80 FR 18696;
82 FR 17736; 82 FR 18949; 82 FR 26224):
Andrew R. Cook (VT)
David R. Ford (OH)
Douglas P. Fossum (SD)
Curtis L. Lamb (KS)
Eric D. Pohlmann (MN)
Michael O. Regentik (MI)
Esequiel Rodriguez, Jr. (TX)
Steven D. Scharber (MN)
George K. Sizemore (NC)
Donald E. Stone (VA)
The drivers were included in docket numbers FMCSA-2007-27333;
FMCSA-2011-0024; FMCSA-2017-0014. Their exemptions are applicable as of
May 13, 2019, and will expire on May 13, 2021.
As of May 19, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 18824; 76 FR 29024; 78 FR
12815; 78 FR 22602; 79 FR 24298; 80 FR 20558; 82 FR 18949):
James O. Cook (GA)
Kevin R. Lambert (NC)
Scott W. Schilling (ND)
Randy E. Sims (WA)
Mark E. Studer (KS)
The drivers were included in docket numbers FMCSA-2011-0057; FMCSA-
2013-0022. Their exemptions are applicable as of May 19, 2019, and will
expire on May 19, 2021.
As of May 20, 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 (78 FR 16912; 78 FR 29431; 80 FR
20559; 82 FR 18949):
Dolan A. Gonzalez, Jr. (FL)
Paul Harpin (AZ)
The drivers were included in docket number FMCSA-2013-0024. Their
exemptions are applicable as of May 20, 2019, and will expire on May
20, 2021.
As of May 25, 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 (82 FR 18954; 82 FR 28734):
Russell R. Dixon (VA)
William M. Hanes (OH)
Dennis L. Spence (WA)
The drivers were included in docket number FMCSA-2017-0016. Their
exemptions are applicable as of May 25, 2019, and will expire on May
25, 2021.
As of May 27, 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 22773; 80 FR 45573; 82 FR
18949):
Donald W. Donaldson (GA)
Glen E. Robbins (WY)
Steven M. Tewhill (AR)
The drivers were included in docket number FMCSA-2014-0305. Their
exemptions are applicable as of May 27, 2019, and will expire on May
27, 2021.
As of May 30, 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 (67 FR 46016; 67 FR 57267; 69 FR
62741; 70 FR 17504; 70 FR 30997; 71 FR 62147; 72 FR 27624; 74 FR 19270;
76 FR 9856; 76 FR 20076;
[[Page 26726]]
76 FR 25762; 78 FR 16762; 78 FR 26106; 80 FR 26320; 82 FR 18949):
Gerald S. Dennis (IA)
John K. Fank (IL)
Kenneth L. Nau (MD)
Kenneth E. Suter, Jr. (OH)
The drivers were included in docket numbers FMCSA-2002-12294;
FMCSA-2005-20560; FMCSA-2011-0010. Their exemptions are applicable as
of May 30, 2019, and will expire on May 30, 2021.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.
Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11947 Filed 6-6-19; 8:45 am]
BILLING CODE 4910-EX-P
