Qualification of Drivers; Exemption Applications; Vision, 66447-66451 [2019-26192]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 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). VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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: E:\FR\FM\04DEN1.SGM 04DEN1 66448 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices 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 khammond on DSKJM1Z7X2PROD with NOTICES DATES: VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 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 Frm 00075 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. khammond on DSKJM1Z7X2PROD with NOTICES 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; VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 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; PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 66449 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– E:\FR\FM\04DEN1.SGM 04DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 66450 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices 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


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