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