Qualification of Drivers; Exemption Applications; Vision, 47057-47059 [2019-19276]

Download as PDF Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The applicants in this notice have driven CMVs with their limited vision in careers ranging for 4 to 84 years. In the past three years, no drivers were involved in crashes, and one driver was convicted of a moving violation in CMVs. All the applicants achieved a record of safety while driving with their vision impairment that demonstrates the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants’ ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. Consequently, FMCSA finds that in each case exempting these applicants from the vision requirement in § 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. jspears on DSK3GMQ082PROD with NOTICES V. Conditions and Requirements Issued on: August 29, 2019. Larry W. Minor, Associate Administrator for Policy. 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 final disposition. AGENCY: 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. 16:53 Sep 05, 2019 Based upon its evaluation of the ten exemption applications, FMCSA exempts the following drivers from the vision requirement, § 391.41(b)(10), subject to the requirements cited above: Joseph A. Cardazone (NJ) Daniel R. Cope, Sr. (IA) Timothy E. Coultas (IL) Edwin Figueroa (IL) Robert F. LaMark (PA) Con May (IN) Justin E. Schwada (MO) Jeffrey A. Sherman (OH) Chadwick L. St. John (AL) Clinton A. Vandervoort (TX) In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for 2 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(e) and 31315(b). [FR Doc. 2019–19261 Filed 9–5–19; 8:45 am] The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in § 391.41(b)(10) and (b) by a certified medical examiner (ME) who attests that the individual is otherwise physically qualified under § 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the ME at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/ her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VerDate Sep<11>2014 VII. Conclusion Jkt 247001 FMCSA announces its decision to renew exemptions for 74 individuals from the vision requirement SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 47057 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. Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. DATES: 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, (202) 366–9826. FOR FURTHER INFORMATION CONTACT: 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- 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; or 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. E:\FR\FM\06SEN1.SGM 06SEN1 47058 Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices 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 June 7, 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 26719). The public comment period ended on July 8, 2019, and no comments were received. 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 § 391.41(b)(10). The physical qualification standard for drivers regarding vision found in § 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. jspears on DSK3GMQ082PROD with NOTICES III. Discussion of Comments FMCSA received no comments in this proceeding. 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 § 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 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 VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 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) PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06SEN1.SGM 06SEN1 jspears on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices 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) 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. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 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 VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 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(e) and 31315(b). Issued on: August 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–19276 Filed 9–5–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2019–0093] Deepwater Port License Application: Texas GulfLink LLC; Extension of Scoping Period Maritime Administration, Department of Transportation. ACTION: Notice of extension of the public scoping comment period. AGENCY: By Federal Register notice of Wednesday, July 3, 2019, titled Deepwater Port License Application: Texas GulfLink LLC, the U.S. Coast Guard (USCG), in coordination with the Maritime Administration (MARAD), announced the intent to prepare an environmental impact statement (EIS) as part of the environmental review of the Texas GulfLink LLC (Texas GulfLink) deepwater port license application. Publication of that notice began a 30day scoping process, announced the date and location of a public scoping meeting as well as requested public participation to assist in the identification and determination of the environmental issues to be addressed in the EIS. In a Federal Register notice dated Wednesday, August 14, 2019, USCG and MARAD previously advised that the public scoping period for Texas GulfLink would be extended until August 30, 2019. MARAD and USCG have determined that a second extension of the public scoping period for the GulfLink application is necessary to allow the public and interested parties a full 30 days to review the application and provide written feedback to the agencies. This second extension is due to delays in getting the application properly posted on the docket. This Federal Register Notice announces the date of the extended scoping period. DATES: Comments or related material on the Texas GulfLink deepwater port SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 47059 license application must be received by September 24, 2019. ADDRESSES: The public docket for the Texas GulfLink deepwater port license application is maintained by the U.S. Department of Transportation, Docket Management Facility, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The license application is available for viewing at the Regulations.gov website: https:// www.regulations.gov under docket number MARAD–2019–0093. We encourage you to submit comments electronically through the Federal eRulemaking Portal at https:// www.regulations.gov. If you submit your comments electronically, it is not necessary to also submit a hard copy. If you cannot submit material using https:// www.regulations.gov, please contact either Mr. Patrick Clark, USCG or Yvette Fields, MARAD, as listed in the following FOR FURTHER INFORMATION CONTACT section of this document, which also provides alternate instructions for submitting written comments. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted. Anonymous comments will be accepted. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. The Federal Docket Management Facility’s telephone number is 202–366–9317 or 202–366– 9826, the fax number is 202–493–2251. FOR FURTHER INFORMATION CONTACT: Mr. Patrick Clark, U.S. Coast Guard, telephone: 202–372–1358, email: Patrick.W.Clark@uscg.mil or Ms. Yvette Fields, Maritime Administration, telephone: 202–366–0926, email: Yvette.Fields@dot.gov. For questions regarding viewing the Docket, call Docket Operations, telephone: 202–366– 9317 or 202–366–9826. SUPPLEMENTARY INFORMATION: Request for Comments We request public comment on this proposal. The comments may relate to, but are not limited to, the environmental impact of the proposed action. All comments will be accepted. You may submit comments directly to the Federal Docket Management Facility during the public comment period (see DATES). We will consider all comments and material received during the extended scoping period. The license application, comments and associated documentation, as well as the draft and final EISs (when E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47057-47059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19276]


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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 final disposition.

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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 
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 provided 
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, (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- 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; or 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.

[[Page 47058]]

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 June 7, 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 26719). The public comment 
period ended on July 8, 2019, and no comments were received.
    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 Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision 
found in Sec.  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 proceeding.

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 Sec.  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 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

[[Page 47059]]

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)
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.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 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(e) and 
31315(b).

    Issued on: August 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-19276 Filed 9-5-19; 8:45 am]
BILLING CODE 4910-EX-P


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