Qualification of Drivers; Exemption Applications; Vision, 58448-58450 [2019-23759]

Download as PDF 58448 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES provide reasons for suggestions or recommendations. You may submit 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 your document so the Agency can contact you if it has questions about your submission. To submit your comments online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2019–0240’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Submit a Formal Comment’’ button and type your comment into the text box in the following screen. Indicate 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, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or deny this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The Agency’s decision must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 III. Request for Exemption 49 CFR 395.3(a)(1) prohibits a driver from operating a commercial motor vehicle (CMV) without first taking 10 consecutive hours off duty. 49 CFR 395.3(a)(2) prohibits a driver from operating a CMV after the the end of a 14 hour consecutive hour period without first taking 10 consecutive hours off duty. Matrix requests a limited exemption for its drivers of mobile clinics known as ‘‘Mobile Team Leads’’ from the HOS 10 hour off-duty rule and the 14-hour period. Matrix requests that these employee-drivers be permitted to rest for 8 hours instead of 10 hours, and operate for 16 working hours instead of being limited to 14 hours. Matrix reports that it operates a fleet of mobile medical clinics used to assist Medicare Advantage organizations. These services include, but are not limited to, providing patients with comprehensive health assessments and evaluations, and ongoing management of complex chronic conditions. Matrix explained that it generally hosts patients during ‘‘events,’’ which are usually held two to three times per week. Patients are seen on a mobile clinic throughout an event day usually between 7 a.m. to 6 p.m. local time, however the events do not always end at scheduled times. Each mobile clinic operates with a minimal crew consisting of (1) a mobile team lead, (2) registered nurse or nurse practitioner, (3) mammography technician, and (4) a medical technician or cardiovascular technician. The Mobile Team Lead is an integral part of the mobile clinic’s healthcare service delivery team. The Mobile Team Lead is responsible for duties akin to an office manager’s responsibilities. In addition to these duties, the Mobile Team Lead is responsible for driving the mobile clinic to and from an event location and hotel location. The proposed exemption would cover approximately 50 mobile team leads for the 40 mobile clinics in the applicant’s fleet. Additonally, the exemption, if granted, would be used on event days only. Matrix asserts that the proposed exemption is critical to ensure that it meets the needs of its patients and support its mission. Matrix explains that patients cancelling or arriving late to scheduled appointments or appointments that require additional time with providers, can cause an event to go beyond its scheduled end time of 6:00 p.m. local time. Matrix argues that 395.3(a)(1) and 395.3(a)(2) would require Matrix to cancel patient appointments, causing a hardship on PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 their operation. According to the applicant, the need to maximize patient engagement is the underlying reason for this exemption request. It would allow an event to continue past its scheduled end time and allow the Mobile Team Lead to drive the mobile clinic to a new hotel location that is close enough to the next event location so that the following event day can commence at 7:00 a.m. local time. IV. Method To Ensure an Equivalent or Greater Level of Safety To ensure an equivalent level of safety, Matrix offers short driving distances, short durations of driving, and driving at off-peak commuting times. Matrix believes that an equivalent level of safety will be sustained as Mobile Team leads are trained on fatigue awareness and hours of service compliance expectations, and, training programs from both the North American Fatigue Management Program and the Commercial Vehicle Training Alliance. Matrix states that Mobile Team Leads drive less than one-sixth of their work day. The rest of their day is spent performing non-clinical, management, and administrative services. A copy of Matrix’s application is available for review in the docket for this notice. Issued on: October 24, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–23752 Filed 10–30–19; 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. AGENCY: E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices ACTION: Notice of final disposition. 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 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, 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: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES 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 http://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 VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On September 6, 2019, FMCSA published a notice announcing its decision to renew exemptions for 95 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 47052). The public comment period ended on October 7, 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. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the 95 renewal exemption applications and comments received, FMCSA confirms its decision to exempt the following drivers from the vision requirement in § 391.41(b)(10). As of October 3, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), 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 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 58449 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) E:\FR\FM\31OCN1.SGM 31OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 58450 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices 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) 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(b), 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) VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 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(b), 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(b), 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(b), 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) PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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(b), 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. 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: October 24, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–23759 Filed 10–30–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0014] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt ten individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58448-58450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23759]


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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.

[[Page 58449]]


ACTION: Notice of final disposition.

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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 
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 http://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.

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 September 6, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for 95 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 47052). The 
public comment period ended on October 7, 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 95 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). 
As of October 3, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), 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)

[[Page 58450]]

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)
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(b), 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(b), 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(b), 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(b), 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(b), 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.
    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: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23759 Filed 10-30-19; 8:45 am]
 BILLING CODE 4910-EX-P