Qualification of Drivers; Exemption Applications; Vision, 47052-47055 [2019-19283]

Download as PDF 47052 Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices trucks for four years, accumulating 50,000 miles. He holds an operator’s license from South Carolina. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Wayne E. Page Mr. Page, 57, has had amblyopia in the left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/150. Following an examination in 2019, his optometrist stated, ‘‘In my medical opinion, as long as he wears his glasses, he has sufficient vision to perform the driving tasks required to operate a CMV.’’ Mr. Page reported that he has driven tractortrailer combinations for 20 years, accumulating 1.6 million miles. He holds a Class A CDL from North Carolina. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Joaquin A. Sandoval Mr. Sandoval, 55, has complete loss of vision in the right eye due to a traumatic incident in 1994. The visual acuity in his right eye is no light perception and in his left eye, 20/15. Following an examination in 2019, his optometrist stated, ‘‘I see him suitable to operate a CDL visually and mentally.’’ Mr. Sandoval reported that he has driven tractor-trailer combinations for five years, accumulating 45,000 miles. He holds a Class A CDL from Oregon. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. jspears on DSK3GMQ082PROD with NOTICES Donald J. Thoel Mr. Thoel, 58, has aphakia in his left eye due to a traumatic incident in 1983. The visual acuity in his right eye is 20/ 20, and in his left eye, counting fingers. Following an examination in 2019, his ophthalmologist stated, ‘‘In my opinion Mr. Thoel has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Thoel reported that he has driven straight trucks for 25 years, accumulating 875,000 miles. He holds a Class CA Enhanced CDL from Michigan. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Harold W. Via Mr. Via, 56, has had a retinal detachment in his right eye since 1976. The visual acuity in his right eye is 20/ 80, and in his left eye, 20/20. Following an examination in 2019, his ophthalmologist stated, ‘‘If abiding by VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 applicable regulations, medical opinion suggests that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle since he already does this with an intrastate license.’’ Mr. Via reported that he has driven straight trucks for 30 years, accumulating 900,000 miles. He holds a Class B CDL from Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Milton D. Voepel Mr. Voepel, 66, has had a retinal scar in his left eye since 2006. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2019, his optometrist stated, ‘‘In my medical opinion Milton has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Voepel reported that he has driven straight trucks for four years, accumulating 68,000 miles, and tractor-trailer combinations for 14 years, accumulating 1.82 million miles. He holds a Class A CDL from Missouri. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Andrew L. Walker Mr. Walker, 37, has chorioretinal scarring in his right eye due to retinal detachment in 2004. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2019, his optometrist stated, ‘‘It is my opinion based on examination findings that Mr. Andrew Walker is safe to operate a commercial vehicle as in my judgement his vision is sufficient to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Walker reported that he has driven straight trucks for 16 years, accumulating 1.44 million miles, and tractor-trailer combinations for 15 years, accumulating 1.8 million miles. He holds a Class A CDL from Minnesota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated under the DATES section of the notice. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Issued on: August 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–19281 Filed 9–5–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2001–9561; FMCSA– 2003–15892; FMCSA–2005–20560; FMCSA– 2005–21254; FMCSA–2005–21711; FMCSA– 2007–25246; FMCSA–2007–27897; FMCSA– 2008–0266; FMCSA–2009–0121; FMCSA– 2009–0154; FMCSA–2010–0327; FMCSA– 2010–0385; FMCSA–2011–0024; FMCSA– 2011–0092; FMCSA–2011–0124; FMCSA– 2011–0140; FMCSA–2011–0142; FMCSA– 2011–0189; FMCSA–2013–0026; FMCSA– 2013–0027; FMCSA–2013–0029; FMCSA– 2013–0030; FMCSA–2013–0165; FMCSA– 2014–0302; FMCSA–2015–0048; FMCSA– 2015–0049; FMCSA–2015–0052; FMCSA– 2015–0053; FMCSA–2015–0055; FMCSA– 2016–0212; FMCSA–2016–0214; FMCSA– 2017–0016; FMCSA–2017–0018; FMCSA– 2017–0019; FMCSA–2017–0020; FMCSA– 2017–0023] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 95 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirements in one eye. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before October 7, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2001–9561, FMCSA–2003– 15892, FMCSA–2005–20560, FMCSA– 2005–21254, FMCSA–2005–21711, FMCSA–2007–25246, FMCSA–2007– 27897, FMCSA–2008–0266, FMCSA– 2009–0121, FMCSA–2009–0154, FMCSA–2010–0327, FMCSA–2010– 0385, FMCSA–2011–0024, FMCSA– 2011–0092, FMCSA–2011–0124, FMCSA–2011–0140, FMCSA–2011– 0142, FMCSA–2011–0189, FMCSA– SUMMARY: E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices 2013–0026, FMCSA–2013–0027, FMCSA–2013–0029, FMCSA–2013– 0030, FMCSA–2013–0165, FMCSA– 2014–0302, FMCSA–2015–0048, FMCSA–2015–0049, FMCSA–2015– 0052, FMCSA–2015–0053, FMCSA– 2015–0055, FMCSA–2016–0212, FMCSA–2016–0214, FMCSA–2017– 0016, FMCSA–2017–0018, FMCSA– 2017–0019, FMCSA–2017–0020, or FMCSA–2017–0023 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, (202) 366–9826. SUPPLEMENTARY INFORMATION: jspears on DSK3GMQ082PROD with NOTICES I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2001–9561, FMCSA–2003–15892, FMCSA–2005– 20560, FMCSA–2005–21254, FMCSA– 2005–21711, FMCSA–2007–25246, FMCSA–2007–27897, FMCSA–2008– 0266, FMCSA–2009–0121, FMCSA– 2009–0154, FMCSA–2010–0327, FMCSA–2010–0385, FMCSA–2011– 0024, FMCSA–2011–0092, FMCSA– 2011–0124, FMCSA–2011–0140, FMCSA–2011–0142, FMCSA–2011– 0189, FMCSA–2013–0026, FMCSA– 2013–0027, FMCSA–2013–0029, FMCSA–2013–0030, FMCSA–2013– 0165, FMCSA–2014–0302, FMCSA– 2015–0048, FMCSA–2015–0049, VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 FMCSA–2015–0052, FMCSA–2015– 0053, FMCSA–2015–0055, FMCSA– 2016–0212, FMCSA–2016–0214, FMCSA–2017–0016, FMCSA–2017– 0018, FMCSA–2017–0019, FMCSA– 2017–0020, or FMCSA–2017–0023), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, put the docket number, FMCSA–2001–9561, FMCSA–2003–15892, FMCSA–2005– 20560, FMCSA–2005–21254, FMCSA– 2005–21711, FMCSA–2007–25246, FMCSA–2007–27897, FMCSA–2008– 0266, FMCSA–2009–0121, FMCSA– 2009–0154, FMCSA–2010–0327, FMCSA–2010–0385, FMCSA–2011– 0024, FMCSA–2011–0092, FMCSA– 2011–0124, FMCSA–2011–0140, FMCSA–2011–0142, FMCSA–2011– 0189, FMCSA–2013–0026, FMCSA– 2013–0027, FMCSA–2013–0029, FMCSA–2013–0030, FMCSA–2013– 0165, FMCSA–2014–0302, FMCSA– 2015–0048, FMCSA–2015–0049, FMCSA–2015–0052, FMCSA–2015– 0053, FMCSA–2015–0055, FMCSA– 2016–0212, FMCSA–2016–0214, FMCSA–2017–0016, FMCSA–2017– 0018, FMCSA–2017–0019, FMCSA– 2017–0020, or FMCSA–2017–0023, in the keyword box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment Now!’’ button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. B. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 47053 https://www.regulations.gov. Insert the docket number, FMCSA–2001–9561, FMCSA–2003–15892, FMCSA–2005– 20560, FMCSA–2005–21254, FMCSA– 2005–21711, FMCSA–2007–25246, FMCSA–2007–27897, FMCSA–2008– 0266, FMCSA–2009–0121, FMCSA– 2009–0154, FMCSA–2010–0327, FMCSA–2010–0385, FMCSA–2011– 0024, FMCSA–2011–0092, FMCSA– 2011–0124, FMCSA–2011–0140, FMCSA–2011–0142, FMCSA–2011– 0189, FMCSA–2013–0026, FMCSA– 2013–0027, FMCSA–2013–0029, FMCSA–2013–0030, FMCSA–2013– 0165, FMCSA–2014–0302, FMCSA– 2015–0048, FMCSA–2015–0049, FMCSA–2015–0052, FMCSA–2015– 0053, FMCSA–2015–0055, FMCSA– 2016–0212, FMCSA–2016–0214, FMCSA–2017–0016, FMCSA–2017– 0018, FMCSA–2017–0019, FMCSA– 2017–0020, or FMCSA–2017–0023, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statute also allows the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of E:\FR\FM\06SEN1.SGM 06SEN1 47054 Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 95 individuals listed in this notice have requested renewal of their exemptions from the vision standard in § 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period. jspears on DSK3GMQ082PROD with NOTICES III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to revoke the exemption of a driver. IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 95 applicants has satisfied the renewal conditions for obtaining an exemption from the vision standard (see 66 FR 30502; 66 FR 41654; 68 FR 44837; 68 FR 52811; 68 FR 61860; 70 FR 17504; 70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 61165; 70 FR 61493; 72 FR 180; 72 FR 9397; 72 FR 27624; 72 FR 39879; 72 FR 40359; 72 FR 40362; 72 FR 52419; 72 FR 54971; 73 FR 51689; 73 FR 63047; 74 FR 23472; 74 FR 26461; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR 49069; 74 FR 53581; 75 FR 65057; 75 FR 66423; 75 FR 77492; 75 FR 79081; 76 FR 5425; 76 FR 17481; 76 FR 25766; 76 FR 28125; 76 FR 32017; 76 FR 34136; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 44653; 76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 55465; 76 FR 61143; 76 FR 62143; 76 FR 64171; 76 FR 67246; 77 FR 70537; 78 FR 800; 78 FR 4531; 78 FR 14410; 78 FR 22598; 78 FR 24300; 78 FR 24798; 78 FR 32708; 78 FR 34143; 78 FR 37270; 78 FR 37274; 78 FR 41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 63307; 78 FR 68137; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 53708; VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 80 FR 12248; 80 FR 15863; 80 FR 26139; 80 FR 29152; 80 FR 29154; 80 FR 31635; 80 FR 31636; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 41548; 80 FR 44188; 80 FR 48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 80 FR 48413; 80 FR 49302; 80 FR 50915; 80 FR 50917; 80 FR 59225; 80 FR 62161; 80 FR 62163; 81 FR 86063; 81 FR 96165; 82 FR 12678; 82 FR 12683; 82 FR 15277; 82 FR 18949; 82 FR 18954; 82 FR 22379; 82 FR 24430; 82 FR 28734; 82 FR 33542; 82 FR 34564; 82 FR 35043; 82 FR 35050; 82 FR 43647; 82 FR 47295; 82 FR 47296; 82 FR 47312; 83 FR 2289; 83 FR 4537). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at § 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past 2 years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of 2 years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of October and are discussed below. As of October 3, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 58 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (66 FR 30502; 66 FR 41654; 68 FR 44837; 70 FR 17504; 70 FR 30997; 70 FR 30999; 70 FR 41811; 70 FR 46567; 72 FR 180; 72 FR 9397; 72 FR 27624; 72 FR 39879; 72 FR 40359; 72 FR 40362; 72 FR 52419; 73 FR 51689; 73 FR 63047; 74 FR 23472; 74 FR 26461; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 74 FR 48343; 75 FR 65057; 75 FR 66423; 75 FR 77492; 75 FR 79081; 76 FR 5425; 76 FR 17481; 76 FR 25766; 76 FR 28125; 76 FR 32017; 76 FR 34136; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 44653; 76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 61143; 77 FR 70537; 78 FR 800; 78 FR 4531; 78 FR 14410; 78 FR 22598; 78 FR 24300; 78 FR 24798; 78 FR 32708; 78 FR 34143; 78 FR 37270; 78 FR 37274; 78 FR 41975; 78 FR 46407; 78 FR 52602; 78 FR 56986; 78 FR 56993; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 53708; 80 FR 12248; 80 FR 15863; PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 80 FR 26139; 80 FR 29152; 80 FR 29154; 80 FR 31635; 80 FR 31636; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 41548; 80 FR 44188; 80 FR 48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 80 FR 48413; 80 FR 49302; 80 FR 50915; 80 FR 50917; 80 FR 59225; 80 FR 62161; 80 FR 62163; 81 FR 86063; 81 FR 96165; 82 FR 12678; 82 FR 12683; 82 FR 15277; 82 FR 18949; 82 FR 18954; 82 FR 22379; 82 FR 24430; 82 FR 28734; 82 FR 33542; 82 FR 34564; 82 FR 35043; 82 FR 35050; 82 FR 47295; 82 FR 47296; 82 FR 47312; 83 FR 4537): Michael T. Allen (NV) Joel D. Barchard (MA) Rocky B. Bentz (WI) Johnny A. Bingham (NC) Keith A. Bliss (NY) Fred Boggs (WV) Michael W. Britt (MD) Harry S. Bumps (VT) Shaun E. Burnett (IA) Kevin W. Cannon (TX) Juan R. Cano (TX) Todd A. Chapman (NC) Larry O. Cheek (CA) Thomas W. Crouch (IN) Erik R. Davis (GA) David S. Devine (ID) Sean J. Dornin (PA) Verlin L. Driskell (NE) Robin C. Duckett (SC) Bobby C. Floyd (TN) Steven G. Garrett (CA) Steven A. Garrity (MA) Mark E. Gessner (FL) Dale L. Giardine (PA) David B. Ginther (PA) Mark A. Grenier (CT) Willard D. Hall (CA) David A. Hayes (GA) Steven C. Holland (OK) Rufus L. Jones (NJ) Udum Khamsoksavath (WA) Bruce A. Lloyd (MA) Alex P. Makhanov (WA) Michael L. Martin (OH) Dean A. Maystead (MI) Lawrence McGowan (OH) David McKinney (OR) Dionicio Mendoza (TX) William F. Nickel, V (OR) Jason C. Nicklow (PA) Russell W. Nutter (OH) Gary A. Oster (OR) Richard E. Perry (CA) Nathan Pettis (FL) Mark A. Pirl (NC) Jason W. Rupp (PA) Kirby R. Sands (IA) Bobby Sawyers (PA) Calvin J. Schaap (MN) Ernesto Silva (NM) Larry D. Steiner (MN) Steven W. Stull (IL) Terrance W. Temple (OH) James L. Tinsley, Jr. (VA) E:\FR\FM\06SEN1.SGM 06SEN1 jspears on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices John Vanek (MO) Victor H. Vera (TX) Stephen W. Verrette (MI) Daniel E. Watkins (FL) The drivers were included in docket numbers FMCSA–2001–9561; FMCSA– 2005–20560; FMCSA–2005–21254; FMCSA–2007–25246; FMCSA–2007– 27897; FMCSA–2008–0266; FMCSA– 2009–0121; FMCSA–2009–0154; FMCSA–2010–0327; FMCSA–2010– 0385; FMCSA–2011–0024; FMCSA– 2011–0092; FMCSA–2011–0124; FMCSA–2011–0140; FMCSA–2011– 0142; FMCSA–2013–0026; FMCSA– 2013–0027; FMCSA–2013–0029; FMCSA–2013–0030; FMCSA–2014– 0302; FMCSA–2015–0048; FMCSA– 2015–0049; FMCSA–2015–0052; FMCSA–2015–0053; FMCSA–2015– 0055; FMCSA–2016–0212; FMCSA– 2016–0214; FMCSA–2017–0016; FMCSA–2017–0018; FMCSA–2017– 0019; and FMCSA–2017–0020. Their exemptions are applicable as of October 3, 2019, and will expire on October 3, 2021. As of October 19, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (82 FR 43647; 83 FR 2289): Paul A. Bartels (WI) Charles C. Berns (IA) Jeremiah E. Casey (MO) Leonard M. Cassieri (CA) Jimmie E. Curtis (NM) Jonathan P. Edwards (PA) James A. Green (IL) Richard Healy (MD) Stephen M. Lovell (TX) Carlos Marquez (WI) Jason L. McBride (MI) Dennis M. Olson (WI) Daniel C. Sagert (WI) Robert D. Steele (WA) Daniel D. Woodworth (FL) The drivers were included in docket number FMCSA–2017–0023. Their exemptions are applicable as of October 19, 2019, and will expire on October 19, 2021. As of October 23, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 47818; 78 FR 63307; 80 FR 59225; 82 FR 47312): Larry E. Blakely (GA) Arlene S. Kent (NH) Willie L. Murphy (IN) Joseph J. Pudlik (IL) Jeffrey R. Swett (SC) VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 Brian C. Tate (VA) The drivers were included in docket number FMCSA–2013–0165. Their exemptions are applicable as of October 23, 2019, and will expire on October 23, 2021. As of October 24, 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 (66 FR 30502; 66 FR 41654; 68 FR 44837; 70 FR 30999; 70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 61493; 72 FR 40359; 72 FR 54971; 74 FR 34074; 74 FR 49069; 76 FR 62143; 78 FR 77782; 80 FR 59225; 82 FR 47312): Andrew B. Clayton (TN) William P. Doolittle (MO) Jonathan M. Gentry (TN) Benny D. Hatton, Jr. (NY) Robert W. Healey, Jr. (NJ) Thomas W. Markham (MN) Kevin L. Moody (OH) John C. Young (VA) The drivers were included in docket numbers FMCSA–2001–9561; FMCSA– 2005–21254; FMCSA–2005–21711. Their exemptions are applicable as of October 24, 2019, and will expire on October 24, 2021. As of October 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 (68 FR 52811; 68 FR 61860; 70 FR 61165; 74 FR 53581; 76 FR 64171; 78 FR 68137; 80 FR 59225; 82 FR 47312): Dewayne E. Harms (IL) Jesse L. Townsend (LA) James A. Welch (NH) Michael E. Yount (ID) The drivers were included in docket number FMCSA–2003–15892. Their exemptions are applicable as of October 30, 2019, and will expire on October 30, 2021. As of October 31, 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 (76 FR 55465; 76 FR 67246; 78 FR 77782; 80 FR 59225; 82 FR 47312): Darrell G. Anthony (TX) Harold L. Pearsall (PA) Phillip M. Pridgen, Sr. (MD) Gerald D. Stidham (CO) The drivers were included in docket number FMCSA–2011–0189. Their PO 00000 Frm 00124 Fmt 4703 Sfmt 9990 47055 exemptions are applicable as of October 31, 2019, and will expire on October 31, 2021. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified medical examiner (ME), as defined by § 390.5, who attests that the driver 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 of his/her driver’s qualification if he/her is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 95 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in § 391.41(b)(10), subject to the requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: August 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–19283 Filed 9–5–19; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47052-47055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19283]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9561; FMCSA-2003-15892; FMCSA-2005-20560; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2007-25246; FMCSA-2007-27897; 
FMCSA-2008-0266; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2010-0327; 
FMCSA-2010-0385; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0124; 
FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2013-0026; 
FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; 
FMCSA-2014-0302; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052; 
FMCSA-2015-0053; FMCSA-2015-0055; FMCSA-2016-0212; FMCSA-2016-0214; 
FMCSA-2017-0016; FMCSA-2017-0018; FMCSA-2017-0019; FMCSA-2017-0020; 
FMCSA-2017-0023]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 95 
individuals from the vision requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these individuals to continue to 
operate CMVs in interstate commerce without meeting the vision 
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before October 
7, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2001-9561, FMCSA-2003-15892, 
FMCSA-2005-20560, FMCSA-2005-21254, FMCSA-2005-21711, FMCSA-2007-25246, 
FMCSA-2007-27897, FMCSA-2008-0266, FMCSA-2009-0121, FMCSA-2009-0154, 
FMCSA-2010-0327, FMCSA-2010-0385, FMCSA-2011-0024, FMCSA-2011-0092, 
FMCSA-2011-0124, FMCSA-2011-0140, FMCSA-2011-0142, FMCSA-2011-0189, 
FMCSA-

[[Page 47053]]

2013-0026, FMCSA-2013-0027, FMCSA-2013-0029, FMCSA-2013-0030, FMCSA-
2013-0165, FMCSA-2014-0302, FMCSA-2015-0048, FMCSA-2015-0049, FMCSA-
2015-0052, FMCSA-2015-0053, FMCSA-2015-0055, FMCSA-2016-0212, FMCSA-
2016-0214, FMCSA-2017-0016, FMCSA-2017-0018, FMCSA-2017-0019, FMCSA-
2017-0020, or FMCSA-2017-0023 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
ET, Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2001-9561, FMCSA-2003-15892, FMCSA-2005-20560, 
FMCSA-2005-21254, FMCSA-2005-21711, FMCSA-2007-25246, FMCSA-2007-27897, 
FMCSA-2008-0266, FMCSA-2009-0121, FMCSA-2009-0154, FMCSA-2010-0327, 
FMCSA-2010-0385, FMCSA-2011-0024, FMCSA-2011-0092, FMCSA-2011-0124, 
FMCSA-2011-0140, FMCSA-2011-0142, FMCSA-2011-0189, FMCSA-2013-0026, 
FMCSA-2013-0027, FMCSA-2013-0029, FMCSA-2013-0030, FMCSA-2013-0165, 
FMCSA-2014-0302, FMCSA-2015-0048, FMCSA-2015-0049, FMCSA-2015-0052, 
FMCSA-2015-0053, FMCSA-2015-0055, FMCSA-2016-0212, FMCSA-2016-0214, 
FMCSA-2017-0016, FMCSA-2017-0018, FMCSA-2017-0019, FMCSA-2017-0020, or 
FMCSA-2017-0023), indicate the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so that 
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2001-9561, FMCSA-2003-15892, FMCSA-2005-
20560, FMCSA-2005-21254, FMCSA-2005-21711, FMCSA-2007-25246, FMCSA-
2007-27897, FMCSA-2008-0266, FMCSA-2009-0121, FMCSA-2009-0154, FMCSA-
2010-0327, FMCSA-2010-0385, FMCSA-2011-0024, FMCSA-2011-0092, FMCSA-
2011-0124, FMCSA-2011-0140, FMCSA-2011-0142, FMCSA-2011-0189, FMCSA-
2013-0026, FMCSA-2013-0027, FMCSA-2013-0029, FMCSA-2013-0030, FMCSA-
2013-0165, FMCSA-2014-0302, FMCSA-2015-0048, FMCSA-2015-0049, FMCSA-
2015-0052, FMCSA-2015-0053, FMCSA-2015-0055, FMCSA-2016-0212, FMCSA-
2016-0214, FMCSA-2017-0016, FMCSA-2017-0018, FMCSA-2017-0019, FMCSA-
2017-0020, or FMCSA-2017-0023, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov. 
Insert the docket number, FMCSA-2001-9561, FMCSA-2003-15892, FMCSA-
2005-20560, FMCSA-2005-21254, FMCSA-2005-21711, FMCSA-2007-25246, 
FMCSA-2007-27897, FMCSA-2008-0266, FMCSA-2009-0121, FMCSA-2009-0154, 
FMCSA-2010-0327, FMCSA-2010-0385, FMCSA-2011-0024, FMCSA-2011-0092, 
FMCSA-2011-0124, FMCSA-2011-0140, FMCSA-2011-0142, FMCSA-2011-0189, 
FMCSA-2013-0026, FMCSA-2013-0027, FMCSA-2013-0029, FMCSA-2013-0030, 
FMCSA-2013-0165, FMCSA-2014-0302, FMCSA-2015-0048, FMCSA-2015-0049, 
FMCSA-2015-0052, FMCSA-2015-0053, FMCSA-2015-0055, FMCSA-2016-0212, 
FMCSA-2016-0214, FMCSA-2017-0016, FMCSA-2017-0018, FMCSA-2017-0019, 
FMCSA-2017-0020, or FMCSA-2017-0023, in the keyword box, and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, 
Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. The statute also allows the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The physical qualification standard for drivers regarding vision 
found in 49 CFR 391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person has distant visual acuity of

[[Page 47054]]

at least 20/40 (Snellen) in each eye without corrective lenses or 
visual acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of a least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing red, 
green, and amber.
    The 95 individuals listed in this notice have requested renewal of 
their exemptions from the vision standard in Sec.  391.41(b)(10), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the 
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 95 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the vision standard (see 66 FR 30502; 66 FR 41654; 68 FR 
44837; 68 FR 52811; 68 FR 61860; 70 FR 17504; 70 FR 30997; 70 FR 30999; 
70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 61165; 70 FR 61493; 72 FR 
180; 72 FR 9397; 72 FR 27624; 72 FR 39879; 72 FR 40359; 72 FR 40362; 72 
FR 52419; 72 FR 54971; 73 FR 51689; 73 FR 63047; 74 FR 23472; 74 FR 
26461; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 37295; 74 FR 41971; 
74 FR 48343; 74 FR 49069; 74 FR 53581; 75 FR 65057; 75 FR 66423; 75 FR 
77492; 75 FR 79081; 76 FR 5425; 76 FR 17481; 76 FR 25766; 76 FR 28125; 
76 FR 32017; 76 FR 34136; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 
44653; 76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530; 76 FR 55463; 
76 FR 55465; 76 FR 61143; 76 FR 62143; 76 FR 64171; 76 FR 67246; 77 FR 
70537; 78 FR 800; 78 FR 4531; 78 FR 14410; 78 FR 22598; 78 FR 24300; 78 
FR 24798; 78 FR 32708; 78 FR 34143; 78 FR 37270; 78 FR 37274; 78 FR 
41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 56993; 
78 FR 63307; 78 FR 68137; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 
53708; 80 FR 12248; 80 FR 15863; 80 FR 26139; 80 FR 29152; 80 FR 29154; 
80 FR 31635; 80 FR 31636; 80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 
40122; 80 FR 41547; 80 FR 41548; 80 FR 44188; 80 FR 48402; 80 FR 48404; 
80 FR 48409; 80 FR 48411; 80 FR 48413; 80 FR 49302; 80 FR 50915; 80 FR 
50917; 80 FR 59225; 80 FR 62161; 80 FR 62163; 81 FR 86063; 81 FR 96165; 
82 FR 12678; 82 FR 12683; 82 FR 15277; 82 FR 18949; 82 FR 18954; 82 FR 
22379; 82 FR 24430; 82 FR 28734; 82 FR 33542; 82 FR 34564; 82 FR 35043; 
82 FR 35050; 82 FR 43647; 82 FR 47295; 82 FR 47296; 82 FR 47312; 83 FR 
2289; 83 FR 4537). They have submitted evidence showing that the vision 
in the better eye continues to meet the requirement specified at Sec.  
391.41(b)(10) and that the vision impairment is stable. In addition, a 
review of each record of safety while driving with the respective 
vision deficiencies over the past 2 years indicates each applicant 
continues to meet the vision exemption requirements. These factors 
provide an adequate basis for predicting each driver's ability to 
continue to drive safely in interstate commerce. Therefore, FMCSA 
concludes that extending the exemption for each renewal applicant for a 
period of 2 years is likely to achieve a level of safety equal to that 
existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of October 
and are discussed below. As of October 3, 2019, and in accordance with 
49 U.S.C. 31136(e) and 31315, the following 58 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
vision requirement in the FMCSRs for interstate CMV drivers (66 FR 
30502; 66 FR 41654; 68 FR 44837; 70 FR 17504; 70 FR 30997; 70 FR 30999; 
70 FR 41811; 70 FR 46567; 72 FR 180; 72 FR 9397; 72 FR 27624; 72 FR 
39879; 72 FR 40359; 72 FR 40362; 72 FR 52419; 73 FR 51689; 73 FR 63047; 
74 FR 23472; 74 FR 26461; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 
37295; 74 FR 41971; 74 FR 48343; 75 FR 65057; 75 FR 66423; 75 FR 77492; 
75 FR 79081; 76 FR 5425; 76 FR 17481; 76 FR 25766; 76 FR 28125; 76 FR 
32017; 76 FR 34136; 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 44653; 
76 FR 49528; 76 FR 50318; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 
61143; 77 FR 70537; 78 FR 800; 78 FR 4531; 78 FR 14410; 78 FR 22598; 78 
FR 24300; 78 FR 24798; 78 FR 32708; 78 FR 34143; 78 FR 37270; 78 FR 
37274; 78 FR 41975; 78 FR 46407; 78 FR 52602; 78 FR 56986; 78 FR 56993; 
78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 53708; 80 FR 12248; 80 FR 
15863; 80 FR 26139; 80 FR 29152; 80 FR 29154; 80 FR 31635; 80 FR 31636; 
80 FR 35699; 80 FR 36395; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 
41548; 80 FR 44188; 80 FR 48402; 80 FR 48404; 80 FR 48409; 80 FR 48411; 
80 FR 48413; 80 FR 49302; 80 FR 50915; 80 FR 50917; 80 FR 59225; 80 FR 
62161; 80 FR 62163; 81 FR 86063; 81 FR 96165; 82 FR 12678; 82 FR 12683; 
82 FR 15277; 82 FR 18949; 82 FR 18954; 82 FR 22379; 82 FR 24430; 82 FR 
28734; 82 FR 33542; 82 FR 34564; 82 FR 35043; 82 FR 35050; 82 FR 47295; 
82 FR 47296; 82 FR 47312; 83 FR 4537):

Michael T. Allen (NV)
Joel D. Barchard (MA)
Rocky B. Bentz (WI)
Johnny A. Bingham (NC)
Keith A. Bliss (NY)
Fred Boggs (WV)
Michael W. Britt (MD)
Harry S. Bumps (VT)
Shaun E. Burnett (IA)
Kevin W. Cannon (TX)
Juan R. Cano (TX)
Todd A. Chapman (NC)
Larry O. Cheek (CA)
Thomas W. Crouch (IN)
Erik R. Davis (GA)
David S. Devine (ID)
Sean J. Dornin (PA)
Verlin L. Driskell (NE)
Robin C. Duckett (SC)
Bobby C. Floyd (TN)
Steven G. Garrett (CA)
Steven A. Garrity (MA)
Mark E. Gessner (FL)
Dale L. Giardine (PA)
David B. Ginther (PA)
Mark A. Grenier (CT)
Willard D. Hall (CA)
David A. Hayes (GA)
Steven C. Holland (OK)
Rufus L. Jones (NJ)
Udum Khamsoksavath (WA)
Bruce A. Lloyd (MA)
Alex P. Makhanov (WA)
Michael L. Martin (OH)
Dean A. Maystead (MI)
Lawrence McGowan (OH)
David McKinney (OR)
Dionicio Mendoza (TX)
William F. Nickel, V (OR)
Jason C. Nicklow (PA)
Russell W. Nutter (OH)
Gary A. Oster (OR)
Richard E. Perry (CA)
Nathan Pettis (FL)
Mark A. Pirl (NC)
Jason W. Rupp (PA)
Kirby R. Sands (IA)
Bobby Sawyers (PA)
Calvin J. Schaap (MN)
Ernesto Silva (NM)
Larry D. Steiner (MN)
Steven W. Stull (IL)
Terrance W. Temple (OH)
James L. Tinsley, Jr. (VA)

[[Page 47055]]

John Vanek (MO)
Victor H. Vera (TX)
Stephen W. Verrette (MI)
Daniel E. Watkins (FL)

    The drivers were included in docket numbers FMCSA-2001-9561; FMCSA-
2005-20560; FMCSA-2005-21254; FMCSA-2007-25246; FMCSA-2007-27897; 
FMCSA-2008-0266; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2010-0327; 
FMCSA-2010-0385; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0124; 
FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2013-0026; FMCSA-2013-0027; 
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2014-0302; FMCSA-2015-0048; 
FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055; 
FMCSA-2016-0212; FMCSA-2016-0214; FMCSA-2017-0016; FMCSA-2017-0018; 
FMCSA-2017-0019; and FMCSA-2017-0020. Their exemptions are applicable 
as of October 3, 2019, and will expire on October 3, 2021.
    As of October 19, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 15 individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (82 FR 43647; 83 FR 2289):

Paul A. Bartels (WI)
Charles C. Berns (IA)
Jeremiah E. Casey (MO)
Leonard M. Cassieri (CA)
Jimmie E. Curtis (NM)
Jonathan P. Edwards (PA)
James A. Green (IL)
Richard Healy (MD)
Stephen M. Lovell (TX)
Carlos Marquez (WI)
Jason L. McBride (MI)
Dennis M. Olson (WI)
Daniel C. Sagert (WI)
Robert D. Steele (WA)
Daniel D. Woodworth (FL)

    The drivers were included in docket number FMCSA-2017-0023. Their 
exemptions are applicable as of October 19, 2019, and will expire on 
October 19, 2021.
    As of October 23, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (78 FR 47818; 78 FR 63307; 80 FR 
59225; 82 FR 47312):

Larry E. Blakely (GA)
Arlene S. Kent (NH)
Willie L. Murphy (IN)
Joseph J. Pudlik (IL)
Jeffrey R. Swett (SC)
Brian C. Tate (VA)

    The drivers were included in docket number FMCSA-2013-0165. Their 
exemptions are applicable as of October 23, 2019, and will expire on 
October 23, 2021.
    As of October 24, 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 (66 FR 30502; 66 FR 41654; 68 FR 
44837; 70 FR 30999; 70 FR 41811; 70 FR 46567; 70 FR 48797; 70 FR 61493; 
72 FR 40359; 72 FR 54971; 74 FR 34074; 74 FR 49069; 76 FR 62143; 78 FR 
77782; 80 FR 59225; 82 FR 47312):

Andrew B. Clayton (TN)
William P. Doolittle (MO)
Jonathan M. Gentry (TN)
Benny D. Hatton, Jr. (NY)
Robert W. Healey, Jr. (NJ)
Thomas W. Markham (MN)
Kevin L. Moody (OH)
John C. Young (VA)

    The drivers were included in docket numbers FMCSA-2001-9561; FMCSA-
2005-21254; FMCSA-2005-21711. Their exemptions are applicable as of 
October 24, 2019, and will expire on October 24, 2021.
    As of October 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 (68 FR 52811; 68 FR 61860; 70 FR 
61165; 74 FR 53581; 76 FR 64171; 78 FR 68137; 80 FR 59225; 82 FR 
47312):

Dewayne E. Harms (IL)
Jesse L. Townsend (LA)
James A. Welch (NH)
Michael E. Yount (ID)

    The drivers were included in docket number FMCSA-2003-15892. Their 
exemptions are applicable as of October 30, 2019, and will expire on 
October 30, 2021.
    As of October 31, 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 (76 FR 55465; 76 FR 67246; 78 FR 
77782; 80 FR 59225; 82 FR 47312):

Darrell G. Anthony (TX)
Harold L. Pearsall (PA)
Phillip M. Pridgen, Sr. (MD)
Gerald D. Stidham (CO)

    The drivers were included in docket number FMCSA-2011-0189. Their 
exemptions are applicable as of October 31, 2019, and will expire on 
October 31, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must undergo an annual physical examination (a) by an 
ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the requirements in 49 CFR 391.41(b)(10), 
and (b) by a certified medical examiner (ME), as defined by Sec.  
390.5, who attests that the driver is otherwise physically qualified 
under Sec.  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 of his/her driver's 
qualification if he/her is self-employed. The driver must also have a 
copy of the exemption when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official. The exemption 
will be rescinded if: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 95 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the vision 
requirement in Sec.  391.41(b)(10), subject to the requirements cited 
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each 
exemption will be valid for two years unless revoked earlier by FMCSA.

    Issued on: August 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-19283 Filed 9-5-19; 8:45 am]
BILLING CODE 4910-EX-P
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