Qualification of Drivers; Exemption Applications; Vision, 66447-66451 [2019-26192]
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Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices
consciousness of unknown cause that
did not require anti-seizure medication,
the decision whether that person’s
condition is likely to cause the loss of
consciousness or loss of ability to
control a CMV should be made on an
individual basis by the ME in
consultation with the treating physician.
Before certification is considered, it is
suggested that a 6-month waiting period
elapse from the time of the episode.
Following the waiting period, it is
suggested that the individual have a
complete neurological examination. If
the results of the examination are
negative and anti-seizure medication is
not required, then the driver may be
qualified.
In those individual cases where a
driver has had a seizure or an episode
of loss of consciousness that resulted
from a known medical condition (e.g.,
drug reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
recovered fully from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of
epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years,
may be qualified to operate a CMV in
interstate commerce. Interstate drivers
with a history of a single unprovoked
seizure may be qualified to drive a CMV
in interstate commerce if seizure-free
and off anti-seizure medication for a 5year period or more.
As a result of MEs misinterpreting
advisory criteria as regulation,
numerous drivers have been prohibited
from operating a CMV in interstate
commerce based on the fact that they
have had one or more seizures and are
taking anti-seizure medication, rather
than an individual analysis of their
circumstances by a qualified ME based
on the physical qualification standards
and medical best practices.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,’’ (78 FR
3069), its decision to grant requests from
22 individuals for exemptions from the
regulatory requirement that interstate
CMV drivers have ‘‘no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause loss of consciousness
or any loss of ability to control a CMV.’’
Since that time, the Agency has
published additional notices granting
requests from individuals for
exemptions from the regulatory
requirement regarding epilepsy found in
§ 391.41(b)(8).
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To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in § 391.41(b)(8), applicants
must meet the criteria in the 2007
recommendations of the Agency’s
Medical Expert Panel (78 FR 3069).
III. Qualifications of Applicants
David Crouch
Mr. Crouch is a 63-year-old class D
driver in Kentucky. He has a history of
seizure disorder and has been seizure
free since 1995. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
May 2012. His physician states that he
is supportive of Mr. Crouch receiving an
exemption.
Demetrius Furman
Mr. Furman is a 45-year-old class A
CDL holder in South Dakota. He has a
history of seizure disorder and has been
seizure free since 2009. He takes antiseizure medication with the dosage and
frequency remaining the same since
June 2010. His physician states that he
is supportive of Mr. Furman receiving
an exemption.
Christopher Gilbert
Mr. Gilbert is a 33-year-old class D
driver in Virginia. He has a history of
seizure disorder and has been seizure
free since 2011. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2011. His physician states that he is
supportive of Mr. Gilbert receiving an
exemption.
Jeffrey Koesterer
Mr. Koesterer is a 49-year-old class A
CDL holder in Missouri. He has a
history of a single provoked seizure and
has been seizure free since 1994. His
anti-seizure medications were
discontinued in 1994. His physician
states that he is supportive of Mr.
Koesterer receiving an exemption.
Kevin Market
Mr. Market is a 40-year-old class D
driver in Ohio. He has a history of single
provoked seizure and has been seizure
free since 2010. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
May 2011. His physician states that he
is supportive of Mr. Market receiving an
exemption.
Randy Wentz
Mr. Wentz is a 52-year-old class CM
driver in Pennsylvania. He has a history
of seizure disorder and has been seizure
free since 2002. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
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66447
2002. His physician states that she is
supportive of Mr. Wentz receiving an
exemption.
Robert Williams
Mr. Williams is a 52-year-old class A
CDL holder in Illinois. He has a history
of seizure disorder and has been seizure
free since 2002. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2002. His physician states that she is
supportive of Mr. Williams receiving an
exemption.
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 received before the close of
business on the closing date indicated
under the DATES section of the notice.
Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–26185 Filed 12–3–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5578; FMCSA–
1999–5748; FMCSA–2001–10578; FMCSA–
2002–11426; FMCSA–2002–12844; FMCSA–
2003–15892; FMCSA–2003–16241; FMCSA–
2005–21711; FMCSA–2005–22194; FMCSA–
2008–0231; FMCSA–2009–0054; FMCSA–
2009–0154; FMCSA–2011–0124; FMCSA–
2011–0142; FMCSA–2011–26690; FMCSA–
2013–0025; FMCSA–2013–0027; FMCSA–
2013–0028; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2013–0165; FMCSA–
2013–0166; FMCSA–2013–0168; FMCSA–
2013–0169; FMCSA–2013–0170; FMCSA–
2014–0297; FMCSA–2014–0298; FMCSA–
2015–0055; FMCSA–2015–0056; FMCSA–
2015–0070; FMCSA–2015–0071; FMCSA–
2015–0072; FMCSA–2017–0019]
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 77
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.
SUMMARY:
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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 January 3, 2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Operations Docket No. FMCSA–1999–
5578, Docket No. FMCSA–1999–5748,
Docket No. FMCSA–2001–10578,
Docket No. FMCSA–2002–11426,
Docket No. FMCSA–2002–12844,
Docket No. FMCSA–2003–15892,
Docket No. FMCSA–2003–16241,
Docket No. FMCSA–2005–21711,
Docket No. FMCSA–2005–22194,
Docket No. FMCSA–2008–0231, Docket
No. FMCSA–2009–0054, Docket No.
FMCSA–2009–0154, Docket No.
FMCSA–2011–0124, Docket No.
FMCSA–2011–0142, Docket No.
FMCSA–2011–26690, Docket No.
FMCSA–2013–0025, Docket No.
FMCSA–2013–0027, Docket No.
FMCSA–2013–0028, Docket No.
FMCSA–2013–0029, Docket No.
FMCSA–2013–0030, Docket No.
FMCSA–2013–0165, Docket No.
FMCSA–2013–0166, Docket No.
FMCSA–2013–0168, Docket No.
FMCSA–2013–0169, Docket No.
FMCSA–2013–0170, Docket No.
FMCSA–2014–0297, Docket No.
FMCSA–2014–0298, Docket No.
FMCSA–2015–0055, Docket No.
FMCSA–2015–0056, Docket No.
FMCSA–2015–0070, Docket No.
FMCSA–2015–0071, Docket No.
FMCSA–2015–0072, or Docket No.
FMCSA–2017–0019, using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Operations; 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
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DATES:
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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
Operations, (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–1999–5578;
FMCSA–1999–5748; FMCSA–2001–
10578; FMCSA–2002–11426; FMCSA–
2002–12844; FMCSA–2003–15892;
FMCSA–2003–16241; FMCSA–2005–
21711; FMCSA–2005–22194; FMCSA–
2008–0231; FMCSA–2009–0054;
FMCSA–2009–0154; FMCSA–2011–
0124; FMCSA–2011–0142; FMCSA–
2011–26690; FMCSA–2013–0025;
FMCSA–2013–0027; FMCSA–2013–
0028; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2013–0165;
FMCSA–2013–0166; FMCSA–2013–
0168; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2014–0297;
FMCSA–2014–0298; FMCSA–2015–
0055; FMCSA–2015–0056; FMCSA–
2015–0070; FMCSA–2015–0071;
FMCSA–2015–0072; or FMCSA–2017–
0019), 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–1999–5578;
FMCSA–1999–5748; FMCSA–2001–
10578; FMCSA–2002–11426; FMCSA–
2002–12844; FMCSA–2003–15892;
FMCSA–2003–16241; FMCSA–2005–
21711; FMCSA–2005–22194; FMCSA–
2008–0231; FMCSA–2009–0054;
FMCSA–2009–0154; FMCSA–2011–
0124; FMCSA–2011–0142; FMCSA–
2011–26690; FMCSA–2013–0025;
FMCSA–2013–0027; FMCSA–2013–
0028; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2013–0165;
FMCSA–2013–0166; FMCSA–2013–
0168; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2014–0297;
FMCSA–2014–0298; FMCSA–2015–
0055; FMCSA–2015–0056; FMCSA–
PO 00000
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2015–0070; FMCSA–2015–0071;
FMCSA–2015–0072; or FMCSA–2017–
0019, 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
https://www.regulations.gov. Insert the
docket number, FMCSA–1999–5578;
FMCSA–1999–5748; FMCSA–2001–
10578; FMCSA–2002–11426; FMCSA–
2002–12844; FMCSA–2003–15892;
FMCSA–2003–16241; FMCSA–2005–
21711; FMCSA–2005–22194; FMCSA–
2008–0231; FMCSA–2009–0054;
FMCSA–2009–0154; FMCSA–2011–
0124; FMCSA–2011–0142; FMCSA–
2011–26690; FMCSA–2013–0025;
FMCSA–2013–0027; FMCSA–2013–
0028; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2013–0165;
FMCSA–2013–0166; FMCSA–2013–
0168; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2014–0297;
FMCSA–2014–0298; FMCSA–2015–
0055; FMCSA–2015–0056; FMCSA–
2015–0070; FMCSA–2015–0071;
FMCSA–2015–0072; or FMCSA–2017–
0019, 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
Operations 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
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the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
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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
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 77 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.
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 77 applicants
has satisfied the renewal conditions for
obtaining an exemption from the vision
standard (see 64 FR 27027; 64 FR 40404;
64 FR 51568; 64 FR 66962; 66 FR 53826;
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66 FR 63289; 66 FR 66966; 67 FR 10471;
67 FR 19798; 67 FR 68719; 68 FR 2629;
68 FR 52811; 68 FR 61857; 68 FR 61860;
68 FR 64944; 68 FR 69434; 68 FR 75715;
69 FR 19611; 70 FR 48797; 70 FR 53412;
70 FR 57353; 70 FR 61165; 70 FR 61493;
70 FR 67776; 70 FR 72689; 70 FR 74102;
71 FR 646; 72 FR 62897; 72 FR 64273;
72 FR 71998; 73 FR 46973; 73 FR 54888;
74 FR 11988; 74 FR 21427; 74 FR 37295;
74 FR 48343; 74 FR 53581; 74 FR 60021;
74 FR 62632; 74 FR 65846; 76 FR 29026;
76 FR 34136; 76 FR 44652; 76 FR 49528;
76 FR 53708; 76 FR 55463; 76 FR 61143;
76 FR 64169; 76 FR 64171; 76 FR 70210;
76 FR 70215; 76 FR 75942; 76 FR 75943;
76 FR 78729; 78 FR 20376; 78 FR 24798;
78 FR 27281; 78 FR 30954; 78 FR 34141;
78 FR 34143; 78 FR 41188; 78 FR 41975;
78 FR 46407; 78 FR 47818; 78 FR 52602;
78 FR 56986; 78 FR 62935; 78 FR 63302;
78 FR 63307; 78 FR 64274; 78 FR 64280;
78 FR 65032; 78 FR 66099; 78 FR 67452;
78 FR 67454; 78 FR 67460; 78 FR 67462;
78 FR 68137; 78 FR 76395; 78 FR 77778;
78 FR 77780; 78 FR 77782; 78 FR 78477;
79 FR 4803; 79 FR 63211; 79 FR 69985;
80 FR 2471; 80 FR 8927; 80 FR 33007;
80 FR 37718; 80 FR 44188; 80 FR 48411;
80 FR 50917; 80 FR 59225; 80 FR 59230;
80 FR 62161; 80 FR 63869; 80 FR 67472;
80 FR 67476; 80 FR 67481; 80 FR 70060;
81 FR 1284; 81 FR 11642; 81 FR 15404;
81 FR 16265; 82 FR 18818; 82 FR 32919;
82 FR 35043; 82 FR 47295; 82 FR 47312;
82 FR 47313; 83 FR 2306; 83 FR 3861).
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 December and are
discussed below. As of December 3,
2019, and in accordance with 49 U.S.C.
31136(e) and 31315(b), the following 34
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (64
FR 40404; 64 FR 66962; 66 FR 63289;
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67 FR 68719; 68 FR 2629; 68 FR 52811;
68 FR 61860; 68 FR 64944; 70 FR 48797;
70 FR 61165; 70 FR 61493; 70 FR 67776;
72 FR 64273; 73 FR 46973; 73 FR 54888;
74 FR 11988; 74 FR 21427; 74 FR 37295;
74 FR 48343; 74 FR 53581; 74 FR 62632;
76 FR 29026; 76 FR 34136; 76 FR 44652;
76 FR 49528; 76 FR 53708; 76 FR 55463;
76 FR 61143; 76 FR 64171; 76 FR 70215;
78 FR 20376; 78 FR 24798; 78 FR 27281;
78 FR 30954; 78 FR 34141; 78 FR 34143;
78 FR 41188; 78 FR 41975; 78 FR 46407;
78 FR 47818; 78 FR 52602; 78 FR 56986;
78 FR 63307; 78 FR 64280; 78 FR 68137;
78 FR 77782; 78 FR 78477; 79 FR 63211;
79 FR 69985; 80 FR 2471; 80 FR 8927;
80 FR 33007; 80 FR 37718; 80 FR 44188;
80 FR 48411; 80 FR 50917; 80 FR 59225;
80 FR 59230; 80 FR 62161; 80 FR 63869;
80 FR 67472; 80 FR 67476; 81 FR 1284;
81 FR 11642; 81 FR 15404; 82 FR 18818;
82 FR 32919; 82 FR 35043; 82 FR 47295;
82 FR 47312; 82 FR 47313; 83 FR 2306;
83 FR 3861):
Thomas E. Adams (IN)
Rickie L. Boone (NC)
Jerry A. Bordelon (LA)
Rickie L. Brown (MS)
Timothy V. Burke (CO)
James E. Byrnes (MO)
Westcott G. Clarke (MA)
Joseph Coelho (RI)
Kevin R. Cowger (ID)
Jeffrey M. Dauterman (OH)
Edward J. Genovese (IN)
Nirmal S. Gill (CA)
Britt A. Green (ND)
Bradley O. Hart (UT)
Dennis H. Heller (KS)
Jesus J. Huerta (NV)
Darrell W. Knorr (IL)
Dale R. Knuppel (CO)
Carmelo A. Lana (NJ)
Michael Lancette (WI)
Keith A. Lang (TX)
Larry W. Lunde (WA)
Rodney M. Mimbs (GA)
Michael A. Mitchell (MS)
Dennis L. Morgan (WA)
James A. Parker (PA)
Chris A. Ritenour (MI)
Steven L. Roberts (AR)
Derek J. Savko (MT)
Manjinder Singh (WA)
Wesley C. Slattery (KS)
Mark R. Stevens (IA)
Daniel R. Viscaya (NC)
Paul B. Williams (NY)
The drivers were included in docket
numbers FMCSA–1999–5748; FMCSA–
2002–12844; FMCSA–2003–15892;
FMCSA–2005–21711; FMCSA–2008–
0231; FMCSA–2009–0054; FMCSA–
2009–0154; FMCSA–2011–0124;
FMCSA–2011–0142; FMCSA–2013–
0025; FMCSA–2013–0027; FMCSA–
2013–0028; FMCSA–2013–0029;
FMCSA–2013–0030; FMCSA–2013–
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0165; FMCSA–2014–0297; FMCSA–
2014–0298; FMCSA–2015–0055;
FMCSA–2015–0056; FMCSA–2015–
0070; FMCSA–2015–0071; and FMCSA–
2017–0019. Their exemptions are
applicable as of December 3, 2019, and
will expire on December 3, 2021.
As of December 5, 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 64169; 76
FR 75943; 78 FR 62935; 78 FR 65032;
78 FR 76395; 80 FR 67481; 83 FR 2306):
Kevin G. Clem (SD)
Rocky J. Lachney (LA)
Chase L. Larson (WA)
Fred L. Stotts (OK)
The drivers were included in docket
numbers FMCSA–2011–26690; and
FMCSA–2013–0166. Their exemptions
are applicable as of December 5, 2019,
and will expire on December 5, 2021.
As of December 6, 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 (70 FR 57353; 70
FR 72689; 72 FR 62897; 74 FR 60021;
76 FR 70210; 78 FR 66099; 80 FR 67481;
83 FR 2306):
Thomas C. Meadows (NC)
Scott A. Tetter (IL)
Richard P. Stanley (MA)
David A. Morris (TX)
The drivers were included in docket
number FMCSA–2005–22194. Their
exemptions are applicable as of
December 6, 2019, and will expire on
December 6, 2019.
As of December 15, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following nine individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (80 FR 70060; 81
FR 16265; 83 FR 2306):
Ricky A. Bray (AR)
Michael D. Judy (KS)
Joel H. Kohagen (IA)
Kelly K. Kremer (OR)
Edward R. Lockhart (MS)
Rodolfo Martinez (TX)
Tobias G. Olsen (ND)
Gregory A. Woodward (OR)
Alton R. Young (MS)
The drivers were included in docket
number FMCSA–2015–0072. Their
exemptions are applicable as of
December 15, 2019, and will expire on
December 15, 2019.
As of December 17, 2019, and in
accordance with 49 U.S.C. 31136(e) and
VerDate Sep<11>2014
21:17 Dec 03, 2019
Jkt 250001
31315(b), 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 62935; 78 FR 76395; 80 FR 67481;
83 FR 2306):
Herbert R. Benner (ME); Henry D. Smith
(NC); and Kolby W. Strickland (WA)
The drivers were included in docket
number FMCSA–2013–0166. Their
exemptions are applicable as of
December 17, 2019, and will expire on
December 17, 2021.
As of December 22, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (76 FR 49528; 76
FR 61143; 78 FR 67460; 80 FR 67481;
83 FR 2306):
Robert E. Morgan, Jr. (GA)
The driver was included in docket
number FMCSA–2011–0142. The
exemption is applicable as of December
22, 2019, and will expire on December
22, 2021.
As of December 24, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following nine individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (78 FR 63302; 78
FR 64274; 78 FR 77778; 78 FR 77780;
80 FR 67481; 83 FR 2306):
Ernest J. Bachman (PA)
Eugene R. Briggs (MI)
Bradley R. Dishman (KY)
Thomas G. Gholston (MS)
Chad A. Miller (IA)
Kerry R. Powers (IN)
Robert Thomas (PA)
Herman D. Truewell (FL)
Janusz K. Wis (IL)
The drivers were included in docket
numbers FMCSA–2013–0168; and
FMCSA–2013–0169. Their exemptions
are applicable as of December 24, 2019,
and will expire on December 24, 2021.
As of December 27, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following nine individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (64 FR 27027; 64
FR 51568; 66 FR 53826; 66 FR 63289;
66 FR 66966; 67 FR 10471; 67 FR 19798;
68 FR 64944; 68 FR 69434; 69 FR 19611;
70 FR 48797; 70 FR 53412; 70 FR 57353;
70 FR 61493; 70 FR 67776; 70 FR 72689;
70 FR 74102; 74 FR 60021; 76 FR 75942;
78 FR 67452; 80 FR 67481; 83 FR 2306):
Stanley E. Elliott (UT)
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
Elmer E. Gockley (PA)
Randall B. Laminack (TX)
Robert W. Lantis (MT)
Eldon Miles (IN)
Neal A. Richard (LA)
Rene R. Trachsel (OR)
Kendle F. Waggle, Jr. (IN)
DeWayne Washington (NC)
The drivers were included in docket
numbers FMCSA–1999–5578; FMCSA–
2001–10578; FMCSA–2002–11426;
FMCSA–2005–21711; and FMCSA–
2005–22194. Their exemptions are
applicable as of December 27, 2019, and
will expire on December 27, 2021.
As of December 31, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (68
FR 61857; 68 FR 75715; 71 FR 646; 72
FR 71998; 74 FR 65846; 76 FR 78729;
78 FR 67454; 78 FR 67462; 79 FR 4803;
80 FR 67481; 83 FR 2306):
Martiniano L. Espinosa (FL); Dustin K.
Heimbach (PA); and Lonnie Lomax,
Jr. (IL)
The drivers were included in docket
numbers FMCSA–2003–16241; and
FMCSA–2013–0170. Their exemptions
are applicable as of December 31, 2019,
and will expire on December 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
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices
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 77
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: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–26192 Filed 12–3–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0383; FMCSA–
2014–0387; FMCSA–2015–0325]
Qualification of Drivers; Exemption
Applications; Hearing
I. Public Participation
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
A. Submitting Comments
FMCSA announces its
decision to renew exemptions for four
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: The exemptions were applicable
on November 15, 2019. The exemptions
expire on November 15, 2021.
Comments must be received on or
before January 3, 2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2014–0383 or Docket No.
FMCSA–2014–0387 or Docket No.
FMCSA–2015–0325 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2014-0383 or https://
www.regulations.gov/docket?D=FMCSASUMMARY:
VerDate Sep<11>2014
21:17 Dec 03, 2019
Jkt 250001
2014-0387 or https://
www.regulations.gov/docket?D=FMCSA2015-0325. Follow the online
instructions for submitting comments.
• Mail: Docket Operations; 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
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2014–0383;
FMCSA–2014–0387; FMCSA–2015–
0325), 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/
docket?D=FMCSA-2014-0383 or https://
www.regulations.gov/docket?D=FMCSA2014-0387 or https://
www.regulations.gov/docket?D=FMCSA2015-0325. 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
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
66451
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
https://www.regulations.gov/
docket?D=FMCSA-2014-0383 or https://
www.regulations.gov/docket?D=FMCSA2014-0387 or https://
www.regulations.gov/docket?D=FMCSA2015-0325 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 Operations
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 hearing found in
49 CFR 391.41(b)(11) states that a
person is physically qualified to drive a
CMV if that person first perceives a
forced whispered voice in the better ear
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66447-66451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26192]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-10578; FMCSA-
2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2003-16241;
FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-2009-0054;
FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-26690;
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029;
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0298;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2017-0019]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 77
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.
[[Page 66448]]
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 January
3, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-1999-5578, Docket No. FMCSA-1999-5748,
Docket No. FMCSA-2001-10578, Docket No. FMCSA-2002-11426, Docket No.
FMCSA-2002-12844, Docket No. FMCSA-2003-15892, Docket No. FMCSA-2003-
16241, Docket No. FMCSA-2005-21711, Docket No. FMCSA-2005-22194, Docket
No. FMCSA-2008-0231, Docket No. FMCSA-2009-0054, Docket No. FMCSA-2009-
0154, Docket No. FMCSA-2011-0124, Docket No. FMCSA-2011-0142, Docket
No. FMCSA-2011-26690, Docket No. FMCSA-2013-0025, Docket No. FMCSA-
2013-0027, Docket No. FMCSA-2013-0028, Docket No. FMCSA-2013-0029,
Docket No. FMCSA-2013-0030, Docket No. FMCSA-2013-0165, Docket No.
FMCSA-2013-0166, Docket No. FMCSA-2013-0168, Docket No. FMCSA-2013-
0169, Docket No. FMCSA-2013-0170, Docket No. FMCSA-2014-0297, Docket
No. FMCSA-2014-0298, Docket No. FMCSA-2015-0055, Docket No. FMCSA-2015-
0056, Docket No. FMCSA-2015-0070, Docket No. FMCSA-2015-0071, Docket
No. FMCSA-2015-0072, or Docket No. FMCSA-2017-0019, using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Operations; 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 Operations, (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-1999-5578; FMCSA-1999-5748; FMCSA-2001-10578;
FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2003-16241;
FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-2009-0054;
FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-26690;
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029;
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0298;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; or FMCSA-2017-0019), 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-1999-5578; FMCSA-1999-5748; FMCSA-2001-
10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-
2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-
2009-0054; FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-
2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-
2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-
2014-0298; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; or FMCSA-2017-0019, 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-1999-5578; FMCSA-1999-5748; FMCSA-2001-
10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-
2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-
2009-0054; FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-
2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-
2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-
2014-0298; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; or FMCSA-2017-0019, 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
Operations 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
[[Page 66449]]
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 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 77 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 77
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 64 FR 27027; 64 FR 40404; 64 FR
51568; 64 FR 66962; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471;
67 FR 19798; 67 FR 68719; 68 FR 2629; 68 FR 52811; 68 FR 61857; 68 FR
61860; 68 FR 64944; 68 FR 69434; 68 FR 75715; 69 FR 19611; 70 FR 48797;
70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 67776; 70 FR
72689; 70 FR 74102; 71 FR 646; 72 FR 62897; 72 FR 64273; 72 FR 71998;
73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427; 74 FR 37295; 74 FR
48343; 74 FR 53581; 74 FR 60021; 74 FR 62632; 74 FR 65846; 76 FR 29026;
76 FR 34136; 76 FR 44652; 76 FR 49528; 76 FR 53708; 76 FR 55463; 76 FR
61143; 76 FR 64169; 76 FR 64171; 76 FR 70210; 76 FR 70215; 76 FR 75942;
76 FR 75943; 76 FR 78729; 78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR
30954; 78 FR 34141; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 46407;
78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR
63307; 78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR 66099; 78 FR 67452;
78 FR 67454; 78 FR 67460; 78 FR 67462; 78 FR 68137; 78 FR 76395; 78 FR
77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 4803; 79 FR 63211;
79 FR 69985; 80 FR 2471; 80 FR 8927; 80 FR 33007; 80 FR 37718; 80 FR
44188; 80 FR 48411; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161;
80 FR 63869; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 81 FR
1284; 81 FR 11642; 81 FR 15404; 81 FR 16265; 82 FR 18818; 82 FR 32919;
82 FR 35043; 82 FR 47295; 82 FR 47312; 82 FR 47313; 83 FR 2306; 83 FR
3861). 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 December
and are discussed below. As of December 3, 2019, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following 34 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (64 FR
40404; 64 FR 66962; 66 FR 63289; 67 FR 68719; 68 FR 2629; 68 FR 52811;
68 FR 61860; 68 FR 64944; 70 FR 48797; 70 FR 61165; 70 FR 61493; 70 FR
67776; 72 FR 64273; 73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427;
74 FR 37295; 74 FR 48343; 74 FR 53581; 74 FR 62632; 76 FR 29026; 76 FR
34136; 76 FR 44652; 76 FR 49528; 76 FR 53708; 76 FR 55463; 76 FR 61143;
76 FR 64171; 76 FR 70215; 78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR
30954; 78 FR 34141; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 46407;
78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 63307; 78 FR 64280; 78 FR
68137; 78 FR 77782; 78 FR 78477; 79 FR 63211; 79 FR 69985; 80 FR 2471;
80 FR 8927; 80 FR 33007; 80 FR 37718; 80 FR 44188; 80 FR 48411; 80 FR
50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472;
80 FR 67476; 81 FR 1284; 81 FR 11642; 81 FR 15404; 82 FR 18818; 82 FR
32919; 82 FR 35043; 82 FR 47295; 82 FR 47312; 82 FR 47313; 83 FR 2306;
83 FR 3861):
Thomas E. Adams (IN)
Rickie L. Boone (NC)
Jerry A. Bordelon (LA)
Rickie L. Brown (MS)
Timothy V. Burke (CO)
James E. Byrnes (MO)
Westcott G. Clarke (MA)
Joseph Coelho (RI)
Kevin R. Cowger (ID)
Jeffrey M. Dauterman (OH)
Edward J. Genovese (IN)
Nirmal S. Gill (CA)
Britt A. Green (ND)
Bradley O. Hart (UT)
Dennis H. Heller (KS)
Jesus J. Huerta (NV)
Darrell W. Knorr (IL)
Dale R. Knuppel (CO)
Carmelo A. Lana (NJ)
Michael Lancette (WI)
Keith A. Lang (TX)
Larry W. Lunde (WA)
Rodney M. Mimbs (GA)
Michael A. Mitchell (MS)
Dennis L. Morgan (WA)
James A. Parker (PA)
Chris A. Ritenour (MI)
Steven L. Roberts (AR)
Derek J. Savko (MT)
Manjinder Singh (WA)
Wesley C. Slattery (KS)
Mark R. Stevens (IA)
Daniel R. Viscaya (NC)
Paul B. Williams (NY)
The drivers were included in docket numbers FMCSA-1999-5748; FMCSA-
2002-12844; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2008-0231; FMCSA-
2009-0054; FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-
2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-
2013-0030; FMCSA-2013-
[[Page 66450]]
0165; FMCSA-2014-0297; FMCSA-2014-0298; FMCSA-2015-0055; FMCSA-2015-
0056; FMCSA-2015-0070; FMCSA-2015-0071; and FMCSA-2017-0019. Their
exemptions are applicable as of December 3, 2019, and will expire on
December 3, 2021.
As of December 5, 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 64169; 76 FR 75943; 78 FR
62935; 78 FR 65032; 78 FR 76395; 80 FR 67481; 83 FR 2306):
Kevin G. Clem (SD)
Rocky J. Lachney (LA)
Chase L. Larson (WA)
Fred L. Stotts (OK)
The drivers were included in docket numbers FMCSA-2011-26690; and
FMCSA-2013-0166. Their exemptions are applicable as of December 5,
2019, and will expire on December 5, 2021.
As of December 6, 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 (70 FR 57353; 70 FR 72689; 72 FR
62897; 74 FR 60021; 76 FR 70210; 78 FR 66099; 80 FR 67481; 83 FR 2306):
Thomas C. Meadows (NC)
Scott A. Tetter (IL)
Richard P. Stanley (MA)
David A. Morris (TX)
The drivers were included in docket number FMCSA-2005-22194. Their
exemptions are applicable as of December 6, 2019, and will expire on
December 6, 2019.
As of December 15, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 70060; 81 FR 16265; 83 FR
2306):
Ricky A. Bray (AR)
Michael D. Judy (KS)
Joel H. Kohagen (IA)
Kelly K. Kremer (OR)
Edward R. Lockhart (MS)
Rodolfo Martinez (TX)
Tobias G. Olsen (ND)
Gregory A. Woodward (OR)
Alton R. Young (MS)
The drivers were included in docket number FMCSA-2015-0072. Their
exemptions are applicable as of December 15, 2019, and will expire on
December 15, 2019.
As of December 17, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), 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 62935; 78
FR 76395; 80 FR 67481; 83 FR 2306):
Herbert R. Benner (ME); Henry D. Smith (NC); and Kolby W. Strickland
(WA)
The drivers were included in docket number FMCSA-2013-0166. Their
exemptions are applicable as of December 17, 2019, and will expire on
December 17, 2021.
As of December 22, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 49528; 76 FR 61143; 78 FR
67460; 80 FR 67481; 83 FR 2306):
Robert E. Morgan, Jr. (GA)
The driver was included in docket number FMCSA-2011-0142. The
exemption is applicable as of December 22, 2019, and will expire on
December 22, 2021.
As of December 24, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 63302; 78 FR 64274; 78 FR
77778; 78 FR 77780; 80 FR 67481; 83 FR 2306):
Ernest J. Bachman (PA)
Eugene R. Briggs (MI)
Bradley R. Dishman (KY)
Thomas G. Gholston (MS)
Chad A. Miller (IA)
Kerry R. Powers (IN)
Robert Thomas (PA)
Herman D. Truewell (FL)
Janusz K. Wis (IL)
The drivers were included in docket numbers FMCSA-2013-0168; and
FMCSA-2013-0169. Their exemptions are applicable as of December 24,
2019, and will expire on December 24, 2021.
As of December 27, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (64 FR 27027; 64 FR 51568; 66 FR
53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 67 FR 19798; 68 FR 64944;
68 FR 69434; 69 FR 19611; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR
61493; 70 FR 67776; 70 FR 72689; 70 FR 74102; 74 FR 60021; 76 FR 75942;
78 FR 67452; 80 FR 67481; 83 FR 2306):
Stanley E. Elliott (UT)
Elmer E. Gockley (PA)
Randall B. Laminack (TX)
Robert W. Lantis (MT)
Eldon Miles (IN)
Neal A. Richard (LA)
Rene R. Trachsel (OR)
Kendle F. Waggle, Jr. (IN)
DeWayne Washington (NC)
The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2001-10578; FMCSA-2002-11426; FMCSA-2005-21711; and FMCSA-2005-22194.
Their exemptions are applicable as of December 27, 2019, and will
expire on December 27, 2021.
As of December 31, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (68 FR 61857; 68
FR 75715; 71 FR 646; 72 FR 71998; 74 FR 65846; 76 FR 78729; 78 FR
67454; 78 FR 67462; 79 FR 4803; 80 FR 67481; 83 FR 2306):
Martiniano L. Espinosa (FL); Dustin K. Heimbach (PA); and Lonnie Lomax,
Jr. (IL)
The drivers were included in docket numbers FMCSA-2003-16241; and
FMCSA-2013-0170. Their exemptions are applicable as of December 31,
2019, and will expire on December 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
[[Page 66451]]
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 77 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: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26192 Filed 12-3-19; 8:45 am]
BILLING CODE 4910-EX-P
