Qualification of Drivers; Exemption Applications; Vision, 68288-68292 [2019-26941]
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68288
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
received during the comment period
and may grant or not grant this
application based on your comments.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs).
FMCSA is required to publish notice of
exemption requests in the Federal
Register (49 U.S.C. 31315(b)(6)(A)). This
notice seeks public comment on the
request posted to the docket referred to
above; the Agency takes no position on
its merits. FMCSA will review the
request and all comments submitted to
the docket before deciding whether to
grant or deny the exemption.
Harris’ Application for Exemption
Harris, a family-owned and operated
company comprised of an elevator
division and an electric division,
applied for an exemption from 49 CFR
395.8. The exemption would cover the
company’s 14 elevator technicians and
electricians and seven general laborers
and welders that operate CMVs. The
company currently uses electronic
devices to document hours of service
and requested the exemption to allow it
to resume the use of paper RODS. A
copy of the application is included in
the docket referenced at the beginning
of this notice.
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Request for Comments
In accordance with 49 U.S.C.
31315(b)(6), FMCSA requests public
comment from all interested persons on
Harris’ application for an exemption
from the ELD requirements. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: December 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–26881 Filed 12–12–19; 8:45 am]
BILLING CODE 4910–EX–P
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[Docket No. FMCSA–1999–6156; FMCSA–
1999–6480; FMCSA–2000–7006; FMCSA–
2001–9258; FMCSA–2001–10578; FMCSA–
2003–15268; FMCSA–2003–15892; FMCSA–
2003–15892; FMCSA–2005–21254; FMCSA–
2005–22194; FMCSA–2005–22727; FMCSA–
2006–24015; FMCSA–2007–0017; FMCSA–
2007–27897; FMCSA–2009–0121; FMCSA–
2009–0154; FMCSA–2009–0206; FMCSA–
2009–0303; FMCSA–2010–0372; FMCSA–
2011–0189; FMCSA–2011–0298; FMCSA–
2011–0299; FMCSA–2011–26690; FMCSA–
2013–0166; FMCSA–2013–0167; FMCSA–
2013–0168; FMCSA–2013–0169; FMCSA–
2013–0170; FMCSA–2014–0297; FMCSA–
2014–0303; FMCSA–2015–0049; FMCSA–
2015–0055; FMCSA–2015–0056; FMCSA–
2015–0070; FMCSA–2015–0071; FMCSA–
2015–0072; FMCSA–2015–0344; FMCSA–
2015–0345; FMCSA–2017–0017; FMCSA–
2017–0023; FMCSA–2017–0024]
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 90
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirements in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before January 13,
2020.
SUMMARY:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–1999–6156, Docket No.
FMCSA–1999–6480, Docket No.
FMCSA–2000–7006, Docket No.
FMCSA–2001–9258, Docket No.
FMCSA–2001–10578, Docket No.
FMCSA–2003–15268, Docket No.
FMCSA–2003–15892, Docket No.
FMCSA–2003–15892, Docket No.
FMCSA–2005–21254, Docket No.
FMCSA–2005–22194, Docket No.
FMCSA–2005–22727, Docket No.
FMCSA–2006–24015, Docket No.
FMCSA–2007–0017, Docket No.
FMCSA–2007–27897, Docket No.
FMCSA–2009–0121, Docket No.
FMCSA–2009–0154, Docket No.
ADDRESSES:
PO 00000
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FMCSA–2009–0206, Docket No.
FMCSA–2009–0303, Docket No.
FMCSA–2010–0372, Docket No.
FMCSA–2011–0189, Docket No.
FMCSA–2011–0298, Docket No.
FMCSA–2011–0299, Docket No.
FMCSA–2011–26690, Docket No.
FMCSA–2013–0166, Docket No.
FMCSA–2013–0167, Docket No.
FMCSA–2013–0168, Docket No.
FMCSA–2013–0169, Docket No.
FMCSA–2013–0170, Docket No.
FMCSA–2014–0297, Docket No.
FMCSA–2014–0303, Docket No.
FMCSA–2015–0049, 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, Docket No.
FMCSA–2015–0344, Docket No.
FMCSA–2015–0345, Docket No.
FMCSA–2017–0017, Docket No.
FMCSA–2017–0023 or Docket No.
FMCSA–2017–0024 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
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–1999–6156;
FMCSA–1999–6480; FMCSA–2000–
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7006; FMCSA–2001–9258; FMCSA–
2001–10578; FMCSA–2003–15268;
FMCSA–2003–15892; FMCSA–2003–
15892; FMCSA–2005–21254; FMCSA–
2005–22194; FMCSA–2005–22727;
FMCSA–2006–24015; FMCSA–2007–
0017; FMCSA–2007–27897; FMCSA–
2009–0121; FMCSA–2009–0154;
FMCSA–2009–0206; FMCSA–2009–
0303; FMCSA–2010–0372; FMCSA–
2011–0189; FMCSA–2011–0298;
FMCSA–2011–0299; FMCSA–2011–
26690; FMCSA–2013–0166; FMCSA–
2013–0167; FMCSA–2013–0168;
FMCSA–2013–0169; FMCSA–2013–
0170; FMCSA–2014–0297; FMCSA–
2014–0303; FMCSA–2015–0049;
FMCSA–2015–0055; FMCSA–2015–
0056; FMCSA–2015–0070; FMCSA–
2015–0071; FMCSA–2015–0072;
FMCSA–2015–0344; FMCSA–2015–
0345; FMCSA–2017–0017; FMCSA–
2017–0023; or FMCSA–2017–0024),
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–1999–6156;
FMCSA–1999–6480; FMCSA–2000–
7006; FMCSA–2001–9258; FMCSA–
2001–10578; FMCSA–2003–15268;
FMCSA–2003–15892; FMCSA–2003–
15892; FMCSA–2005–21254; FMCSA–
2005–22194; FMCSA–2005–22727;
FMCSA–2006–24015; FMCSA–2007–
0017; FMCSA–2007–27897; FMCSA–
2009–0121; FMCSA–2009–0154;
FMCSA–2009–0206; FMCSA–2009–
0303; FMCSA–2010–0372; FMCSA–
2011–0189; FMCSA–2011–0298;
FMCSA–2011–0299; FMCSA–2011–
26690; FMCSA–2013–0166; FMCSA–
2013–0167; FMCSA–2013–0168;
FMCSA–2013–0169; FMCSA–2013–
0170; FMCSA–2014–0297; FMCSA–
2014–0303; FMCSA–2015–0049;
FMCSA–2015–0055; FMCSA–2015–
0056; FMCSA–2015–0070; FMCSA–
2015–0071; FMCSA–2015–0072;
FMCSA–2015–0344; FMCSA–2015–
0345; FMCSA–2017–0017; FMCSA–
2017–0023; or FMCSA–2017–0024, 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
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17:42 Dec 12, 2019
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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–1999–6156;
FMCSA–1999–6480; FMCSA–2000–
7006; FMCSA–2001–9258; FMCSA–
2001–10578; FMCSA–2003–15268;
FMCSA–2003–15892; FMCSA–2003–
15892; FMCSA–2005–21254; FMCSA–
2005–22194; FMCSA–2005–22727;
FMCSA–2006–24015; FMCSA–2007–
0017; FMCSA–2007–27897; FMCSA–
2009–0121; FMCSA–2009–0154;
FMCSA–2009–0206; FMCSA–2009–
0303; FMCSA–2010–0372; FMCSA–
2011–0189; FMCSA–2011–0298;
FMCSA–2011–0299; FMCSA–2011–
26690; FMCSA–2013–0166; FMCSA–
2013–0167; FMCSA–2013–0168;
FMCSA–2013–0169; FMCSA–2013–
0170; FMCSA–2014–0297; FMCSA–
2014–0303; FMCSA–2015–0049;
FMCSA–2015–0055; FMCSA–2015–
0056; FMCSA–2015–0070; FMCSA–
2015–0071; FMCSA–2015–0072;
FMCSA–2015–0344; FMCSA–2015–
0345; FMCSA–2017–0017; FMCSA–
2017–0023; or FMCSA–2017–0024, 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
the system of records notice (DOT/ALL–
PO 00000
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68289
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
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 90 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 90 applicants
has satisfied the renewal conditions for
obtaining an exemption from the vision
standard (see 57 FR 57266; 64 FR 54948;
64 FR 68195; 65 FR 159; 65 FR 20251;
65 FR 57230; 66 FR 17743; 66 FR 33990;
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66 FR 53826; 66 FR 66966; 66 FR 66969;
67 FR 17102; 68 FR 35772; 68 FR 52811;
68 FR 61860; 68 FR 69432; 68 FR 69434;
69 FR 62741; 70 FR 30999; 70 FR 33937;
70 FR 46567; 70 FR 48801; 70 FR 53412;
70 FR 57353; 70 FR 61165; 70 FR 71884;
70 FR 72689; 70 FR 74102; 71 FR 644;
71 FR 4632; 71 FR 14566; 71 FR 30227;
71 FR 62147; 72 FR 32705; 72 FR 39879;
72 FR 40359; 72 FR 52419; 72 FR 52421;
72 FR 58359; 72 FR 62897; 72 FR 64273;
72 FR 67340; 72 FR 71995; 73 FR 1395;
73 FR 5259; 73 FR 20245; 73 FR 27014;
73 FR 75806; 74 FR 26461; 74 FR 26464;
74 FR 34074; 74 FR 34630; 74 FR 37295;
74 FR 41971; 74 FR 43217; 74 FR 48343;
74 FR 49069; 74 FR 53581; 74 FR 57551;
74 FR 60021; 74 FR 60022; 74 FR 62632;
74 FR 64124; 74 FR 65845; 74 FR 65847;
75 FR 1451; 75 FR 4623; 75 FR 50799;
76 FR 7894; 76 FR 8809; 76 FR 20078;
76 FR 34135; 76 FR 37168; 76 FR 44653;
76 FR 53708; 76 FR 54530; 76 FR 55465;
76 FR 62143; 76 FR 64169; 76 FR 64171;
76 FR 66123; 76 FR 67246; 76 FR 70210;
76 FR 70213; 76 FR 70215; 76 FR 73769;
76 FR 75942; 76 FR 75943; 76 FR 78728;
76 FR 79760; 77 FR 541; 77 FR 543; 77
FR 545; 77 FR 3547; 78 FR 16762; 78 FR
18667; 78 FR 51268; 78 FR 62935; 78 FR
63302; 78 FR 64271; 78 FR 64274; 78 FR
64280; 78 FR 65032; 78 FR 66099; 78 FR
67452; 78 FR 67454; 78 FR 68137; 78 FR
74223; 78 FR 76395; 78 FR 76704; 78 FR
76705; 78 FR 76707; 78 FR 77778; 78 FR
77780; 78 FR 77782; 78 FR 78475; 78 FR
78477; 79 FR 2247; 79 FR 2748; 79 FR
4531; 79 FR 4803; 79 FR 63211; 80 FR
2471; 80 FR 14240; 80 FR 16500; 80 FR
31636; 80 FR 33324; 80 FR 37718; 80 FR
44188; 80 FR 48402; 80 FR 48413; 80 FR
49302; 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; 80 FR 76345; 80 FR 79414; 80 FR
80443; 81 FR 1284; 81 FR 11642; 81 FR
15401; 81 FR 15404; 81 FR 16265; 81 FR
44680; 81 FR 60117; 82 FR 18818; 82 FR
20962; 82 FR 32919; 82 FR 37499; 82 FR
43647; 82 FR 47312; 82 FR 58262; 83 FR
2289; 83 FR 2306; 83 FR 3861; 83 FR
4537; 83 FR 6922; 83 FR 15232). 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
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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 January and are discussed
below. As of January 3, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 51 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (57 FR 57266; 64
FR 54948; 64 FR 68195; 65 FR 159; 65
FR 20251; 65 FR 57230; 66 FR 17743;
66 FR 33990; 66 FR 53826; 66 FR 66966;
66 FR 66969; 67 FR 17102; 68 FR 35772;
68 FR 52811; 68 FR 61860; 68 FR 69432;
68 FR 69434; 69 FR 62741; 70 FR 30999;
70 FR 33937; 70 FR 46567; 70 FR 53412;
70 FR 57353; 70 FR 61165; 70 FR 72689;
70 FR 74102; 71 FR 644; 71 FR 14566;
71 FR 30227; 71 FR 62147; 72 FR 32705;
72 FR 39879; 72 FR 40359; 72 FR 52419;
72 FR 52421; 72 FR 62897; 72 FR 64273;
72 FR 71995; 73 FR 20245; 73 FR 27014;
73 FR 75806; 74 FR 26461; 74 FR 26464;
74 FR 34074; 74 FR 34630; 74 FR 37295;
74 FR 41971; 74 FR 43217; 74 FR 48343;
74 FR 49069; 74 FR 53581; 74 FR 57551;
74 FR 60021; 74 FR 62632; 74 FR 65847;
75 FR 50799; 76 FR 7894; 76 FR 8809;
76 FR 20078; 76 FR 34135; 76 FR 37168;
76 FR 44653; 76 FR 53708; 76 FR 54530;
76 FR 55465; 76 FR 62143; 76 FR 64169;
76 FR 64171; 76 FR 66123; 76 FR 67246;
76 FR 70210; 76 FR 70215; 76 FR 75942;
76 FR 75943; 76 FR 79760; 78 FR 16762;
78 FR 18667; 78 FR 51268; 78 FR 62935;
78 FR 63302; 78 FR 64274; 78 FR 64280;
78 FR 65032; 78 FR 66099; 78 FR 67452;
78 FR 68137; 78 FR 76395; 78 FR 76705;
78 FR 77778; 78 FR 77780; 78 FR 77782;
78 FR 78477; 79 FR 4531; 79 FR 63211;
80 FR 2471; 80 FR 14240; 80 FR 16500;
80 FR 31636; 80 FR 33324; 80 FR 37718;
80 FR 44188; 80 FR 48402; 80 FR 48413;
80 FR 49302; 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; 80 FR 80443; 81 FR 1284;
81 FR 11642; 81 FR 15401; 81 FR 15404;
81 FR 16265; 82 FR 18818; 82 FR 20962;
82 FR 32919; 82 FR 37499; 82 FR 43647;
82 FR 47312; 83 FR 2289; 83 FR 2306;
83 FR 3861; 83 FR 4537; 83 FR 6922):
Juan D. Adame (TX)
Michael J. Altobelli (CT)
Lawrence A. Angle (MO)
Stephen W. Barrows (OR)
Jason W. Bowers (OR)
Kenneth E. Bross (MO)
Stacey J. Buckingham (ID)
Benny J. Burke (AL)
Ryan J. Burnworth (MO)
Michael D. Champion (VT)
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Ryan M. Coelho (RI)
David J. Comeaux (LA)
Duane C. Conway (NV)
William J. Corder (NC)
Jose C. Costa (WA)
Thomas R. Crocker (SC)
Kenneth D. Daniels (PA)
James D. Davis (OH)
Brad M. Donald (MI)
Dominic F. Giordano (CT)
Jeffrey A. Keefer (OH)
Martin D. Keough (NY)
Purvis W. Kills Enemy At Night (SD)
Richard L. Loeffelholz (WI)
Herman G. Lovell (OR)
Thomas P. Maio (MA)
Herman C. Mash (NC)
Christopher V. May (GA)
James F. McMahon, Jr. (NH)
Terry W. Moore (LA)
Steven D. O’Donnell (NJ)
Dennis R. Ohl (MO)
John R. Price (AR)
Francis D. Reginald (NJ)
Danilo A. Rivera (MD)
Michael J. Robinson (WV)
Ronald L. Roy (IL)
Ralph J. Schmitt (CO)
Jarrod R. Seirer (KS)
Eugene D. Self, Jr. (NC)
Levi A. Shetler (OH)
Roye T. Skelton (MS)
Paul D. Stoddard (NY)
Stanley W. Tyler, Jr. (NC)
Cesar Villa-Navarrete (NM)
James H. Wallace, Sr. (FL)
Stephen H. Ward (MO)
Dennis E. White (PA)
Lorenzo A. Williams (DE)
James J. Wyles (NC)
Walter M. Yohn, Jr. (AL)
The drivers were included in docket
numbers FMCSA–1999–6156; FMCSA–
1999–6480; FMCSA–2000–7006;
FMCSA–2001–9258; FMCSA–2001–
10578; FMCSA–2003–15892; FMCSA–
2005–21254; FMCSA–2005–22194;
FMCSA–2006–24015; FMCSA–2007–
27897; FMCSA–2009–0121; FMCSA–
2009–0154; FMCSA–2009–0206;
FMCSA–2010–0372; FMCSA–2011–
0189; FMCSA–2011–26690; FMCSA–
2013–0166; FMCSA–2013–0168;
FMCSA–2013–0169; FMCSA–2014–
0297; FMCSA–2014–0303; FMCSA–
2015–0049; FMCSA–2015–0055;
FMCSA–2015–0056; FMCSA–2015–
0070; FMCSA–2015–0071; FMCSA–
2015–0072; FMCSA–2017–0017; and
FMCSA–2017–0023. Their exemptions
are applicable as of January 3, 2020, and
will expire on January 3, 2022.
As of January 5, 2020, 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
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interstate CMV drivers (76 FR 70213; 77
FR 541; 78 FR 74223; 80 FR 80443; and
83 FR 6922):
George G. Ulferts, Jr. (IA)
The driver was included in docket
number FMCSA–2011–0298. The
exemption is applicable as of January 5,
2020, and will expire on January 5,
2022.
As of January 8, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
from the vision requirement in the
FMCSRs for interstate CMV drivers (72
FR 67340; 73 FR 1395; 74 FR 65845; 76
FR 78728; 78 FR 76704; 80 FR 76345;
80 FR 80443; 81 FR 60117; and 83 FR
6922):
Wayne A. Burnett (NC)
George R. Cornell (OH)
Thomas E. Gross (PA)
Steven G. Hall (NC)
Jason Huddleston (TX)
Martin Postma (IL)
Phillip D. Satterfield (GA)
The drivers were included in docket
numbers FMCSA–2007–0017 and
FMCSA–2015–0344. Their exemptions
are applicable as of January 8, 2020, and
will expire on January 8, 2022.
As of January 11, 2020, 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 (82 FR 58262
and 83 FR 15232):
Eric J. Andersen (FL)
Darin P. Ball (NY)
Larry W. Buchanan (NM)
Christopher T. Peevyhouse (TN)
The drivers were included in docket
number FMCSA–2017–0024. Their
exemptions are applicable as of January
11, 2020, and will expire on January 11,
2022.
As of January 15, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following five individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (78 FR 64271; 79
FR 2748; 80 FR 80443; and 83 FR 6922):
Terry L. Cliffe (IL)
Adam S. Larson (CO)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Roy A. Whitaker (TX)
The drivers were included in docket
number FMCSA–2013–0167. Their
exemptions are applicable as of January
15, 2020, and will expire on January 15,
2022.
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
As of January 21, 2020, 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 (80 FR 79414; 81
FR 44680; and 83 FR 6922):
Therron K. Billings (VA)
The driver was included in docket
number FMCSA–2015–0345. The
exemption is applicable as of January
21, 2020, and will expire on January 21,
2022.
As of January 23, 2020, 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 (78 FR 67454; 79
FR 4803; 81 FR 15401; and 83 FR 6922):
Leonard A. Martin (NV)
The driver was included in docket
number FMCSA–2013–0170. The
exemption is applicable as of January
23, 2020, and will expire on January 23,
2022.
As of January 24, 2020, 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 (76
FR 73769; 77 FR 3547; 79 FR 2247; 80
FR 80443; and 83 FR 6922):
Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)
The drivers were included in docket
number FMCSA–2011–0299. Their
exemptions are applicable as of January
24, 2020, and will expire on January 24,
2022.
As of January 27, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (68 FR 52811; 68
FR 61860; 70 FR 48801; 70 FR 61165;
70 FR 71884; 71 FR 4632; 72 FR 58359;
73 FR 1395; 73 FR 5259; 74 FR 64124;
74 FR 65845; 75 FR 1451; 77 FR 545; 78
FR 78475; 80 FR 80443; and 83 FR
6922):
John E. Kimmet, Jr. (WA)
Jason L. Light (ID)
Michael J. Richard (LA)
Robert E. Sanders (PA)
The drivers were included in docket
numbers FMCSA–2003–15269;
FMCSA–2003–15892; and FMCSA–
2005–22727. Their exemptions are
applicable as of January 27, 2020, and
will expire on January 27, 2022.
PO 00000
Frm 00192
Fmt 4703
Sfmt 4703
68291
As of January 28, 2020, 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 (74 FR 60022; 75
FR 4623; 77 FR 543; 78 FR 76707; 80 FR
80443; and 83 FR 6922):
James A. DuBay (MI)
Donald E. Halvorson (NM)
Phillip J. Locke (CO)
Brian T. Nelson (MN)
The drivers were included in docket
number FMCSA–2009–0303. Their
exemptions are applicable as of January
28, 2020, and will expire on January 28,
2022.
As of January 29, 2020, 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 67454; 79
FR 4803; 80 FR 80443; and 83 FR 6922):
Calvin J. Barbour (NY)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Michael L. Fiamingo (PA)
Randy G. Kinney (IL)
Hector Marquez (TX)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
The drivers were included in docket
number FMCSA–2013–0170. Their
exemptions are applicable as of January
29, 2020, and will expire on January 29,
2022.
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
E:\FR\FM\13DEN1.SGM
13DEN1
68292
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315(b).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 90
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: December 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–26941 Filed 12–12–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket No. NHTSA–2019–0051]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Request for
Comment; Effects of Education on
Speeding Behavior
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice and request for
comments on a new information
collection.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Request (ICR) abstracted
below will be submitted to the Office of
Management and Budget (OMB) for
review. The ICR describes the nature of
the information collection and its
expected burden. A Federal Register
notice with a 60-day comment period
soliciting public comments on the
following information collection was
published on August 30, 2019. NHTSA
received one comment, from the
Insurance Institute of Highway Safety
(IIHS), that was critical of the proposed
information collection.
DATES: Comments must be received on
or before January 13, 2020.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
NHTSA, 725 17th Street NW,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheppard, Research Psychologist,
Office of Behavioral Safety Research
(NPD–320), National Highway Traffic
Safety Administration, Department of
Transportation, 1200 New Jersey
Avenue SE, W46–499, Washington, DC
20590. Dr. Sheppard’s phone number is
202–366–6401, and her email address is
kelly.sheppard@dot.gov.
SUPPLEMENTARY INFORMATION: Before a
Federal agency can collect certain
information from the public, it must
receive approval from the Office of
Management and Budget (OMB). In
compliance with these requirements,
this notice announces that the following
information collection request has been
forwarded to OMB.
A Federal Register notice with a 60day comment period soliciting public
comments on the following information
collection was published on August 30,
2019.1 NHTSA received one comment,
from the Insurance Institute of Highway
Safety (IIHS), that was critical of the
proposed information collection. IIHS
stated that stand-alone education
programs have not been found to be
effective at addressing driver behaviors
like speeding and that pursuing an
education program is not an effective
use of the agency’s resources. They cited
NHTSA’s Speed Management Program
Plan as having other activities with
more promise for reducing speeding.2
They also indicated that NHTSA’s
Countermeasures that Work report
promotes communications in support of
enforcement but not education alone.3
They stated their view that incentives
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
1 84
FR 45827.
Highway Traffic Safety Administration,
Federal Highway Administration, & Federal Motor
Carrier Safety Administration. (2014, May). Speed
management program plan (Report No. DOT HS
812 028). Washington, DC: National Highway
Traffic Safety Administration. Available at https://
www.nhtsa.gov/sites/nhtsa.dot.gov/files/812028speedmgtprogram.pdf.
3 Richard, C.M., Magee, K., Bacon-Abdelmoteleb,
P., & Brown, J. L. (2018, April). Countermeasures
that work: A highway safety countermeasure guide
for State Highway Safety Offices, Ninth edition
(Report No. DOT HS 812 478). Washington, DC:
National Highway Traffic Safety Administration.
Available at https://rosap.ntl.bts.gov/view/dot/
36719.
2 National
PO 00000
Frm 00193
Fmt 4703
Sfmt 4703
for intelligent speed adaptation outlined
in the National Transportation Safety
Board’s (NTSB) Reducing SpeedingRelated Crashes Involving Passenger
Vehicles safety report was a more
effective use of resources.4
We appreciate the comments from
IIHS and thank them for thoughtfully
considering the described collection.
We agree with IIHS that stand-alone
education programs that are not part of
a larger comprehensive approach tend
to have limited effects. However, as IIHS
points out, NHTSA has a Speed
Management Program Plan that
includes an education component as
well as a variety of other strategies. The
program associated with this collection
is one potential education program that
could be part of a larger speeding
management strategy that includes
many of the additional elements IIHS
describes. NHTSA’s Countermeasures
that Work indicates that
communications and outreach
supporting speeding enforcement is a
promising strategy (p. 3–31), and
NTSB’s Reducing Speeding-Related
Crashes Involving Passenger Vehicles
concluded that ‘‘traffic safety campaigns
that include highly publicized,
increased enforcement can be an
effective speeding countermeasure’’ (p.
55). Additionally, NTSB recommended
that NHTSA ‘‘collaborate with other
traffic safety stakeholders to develop
and implement an ongoing program to
increase public awareness of speeding
as a national traffic safety issue’’ (p. 57).
A 2011 meta-analysis by Phillips,
Ulleberg, and Ross found that traffic
safety public information and education
campaigns reduced crashes by 9% on
average but that campaigns focused on
speeding did not indicate a statistically
significant reduction.5 Many of the
education programs described by IIHS
and included in the meta-analysis above
are public awareness campaigns where
messages are delivered through mass
media or at the roadside. These
education programs are not focused on
drivers who speed but rather on all
drivers. These broad education
programs may appear less effective,
especially on their own, because many
drivers who receive the messages do not
tend to speed. Education focused on
people who have already received a
4 National Transportation Safety Board. (2017,
July). Reducing Speeding-Related Crashes Involving
Passenger Vehicles (Safety Study NTSB/SS–17/01).
Washington, DC: National Transportation Safety
Board. Available at https://www.ntsb.gov/safety/
safety-studies/Documents/SS1701.pdf.
5 Phillips, R.O., Ulleberg, P., & Vaa, T. (2011).
Meta-analysis of the effect of road safety campaigns
on accidents. Accident Analysis & Prevention, 43,
1204–1218.
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68288-68292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26941]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-
2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2009-0121;
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0372;
FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690;
FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-2015-0049;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2017-0017;
FMCSA-2017-0023; FMCSA-2017-0024]
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 90
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before January
13, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-6156, Docket No. FMCSA-
1999-6480, Docket No. FMCSA-2000-7006, Docket No. FMCSA-2001-9258,
Docket No. FMCSA-2001-10578, Docket No. FMCSA-2003-15268, Docket No.
FMCSA-2003-15892, Docket No. FMCSA-2003-15892, Docket No. FMCSA-2005-
21254, Docket No. FMCSA-2005-22194, Docket No. FMCSA-2005-22727, Docket
No. FMCSA-2006-24015, Docket No. FMCSA-2007-0017, Docket No. FMCSA-
2007-27897, Docket No. FMCSA-2009-0121, Docket No. FMCSA-2009-0154,
Docket No. FMCSA-2009-0206, Docket No. FMCSA-2009-0303, Docket No.
FMCSA-2010-0372, Docket No. FMCSA-2011-0189, Docket No. FMCSA-2011-
0298, Docket No. FMCSA-2011-0299, Docket No. FMCSA-2011-26690, Docket
No. FMCSA-2013-0166, Docket No. FMCSA-2013-0167, Docket No. FMCSA-2013-
0168, Docket No. FMCSA-2013-0169, Docket No. FMCSA-2013-0170, Docket
No. FMCSA-2014-0297, Docket No. FMCSA-2014-0303, Docket No. FMCSA-2015-
0049, 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, Docket No. FMCSA-2015-0344, Docket No. FMCSA-2015-0345, Docket
No. FMCSA-2017-0017, Docket No. FMCSA-2017-0023 or Docket No. FMCSA-
2017-0024 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-1999-6156; FMCSA-1999-6480; FMCSA-2000-
[[Page 68289]]
7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024), 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-1999-6156; FMCSA-1999-6480; FMCSA-2000-
7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024, 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-1999-6156; FMCSA-1999-6480; FMCSA-2000-
7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024, 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 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 90 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 90
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 57 FR 57266; 64 FR 54948; 64 FR
68195; 65 FR 159; 65 FR 20251; 65 FR 57230; 66 FR 17743; 66 FR 33990;
[[Page 68290]]
66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102; 68 FR 35772; 68 FR
52811; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR 62741; 70 FR 30999;
70 FR 33937; 70 FR 46567; 70 FR 48801; 70 FR 53412; 70 FR 57353; 70 FR
61165; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR 644; 71 FR 4632; 71
FR 14566; 71 FR 30227; 71 FR 62147; 72 FR 32705; 72 FR 39879; 72 FR
40359; 72 FR 52419; 72 FR 52421; 72 FR 58359; 72 FR 62897; 72 FR 64273;
72 FR 67340; 72 FR 71995; 73 FR 1395; 73 FR 5259; 73 FR 20245; 73 FR
27014; 73 FR 75806; 74 FR 26461; 74 FR 26464; 74 FR 34074; 74 FR 34630;
74 FR 37295; 74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 49069; 74 FR
53581; 74 FR 57551; 74 FR 60021; 74 FR 60022; 74 FR 62632; 74 FR 64124;
74 FR 65845; 74 FR 65847; 75 FR 1451; 75 FR 4623; 75 FR 50799; 76 FR
7894; 76 FR 8809; 76 FR 20078; 76 FR 34135; 76 FR 37168; 76 FR 44653;
76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 62143; 76 FR 64169; 76 FR
64171; 76 FR 66123; 76 FR 67246; 76 FR 70210; 76 FR 70213; 76 FR 70215;
76 FR 73769; 76 FR 75942; 76 FR 75943; 76 FR 78728; 76 FR 79760; 77 FR
541; 77 FR 543; 77 FR 545; 77 FR 3547; 78 FR 16762; 78 FR 18667; 78 FR
51268; 78 FR 62935; 78 FR 63302; 78 FR 64271; 78 FR 64274; 78 FR 64280;
78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 68137; 78 FR
74223; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 76707; 78 FR 77778;
78 FR 77780; 78 FR 77782; 78 FR 78475; 78 FR 78477; 79 FR 2247; 79 FR
2748; 79 FR 4531; 79 FR 4803; 79 FR 63211; 80 FR 2471; 80 FR 14240; 80
FR 16500; 80 FR 31636; 80 FR 33324; 80 FR 37718; 80 FR 44188; 80 FR
48402; 80 FR 48413; 80 FR 49302; 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; 80 FR 76345; 80 FR 79414; 80 FR 80443; 81 FR 1284; 81 FR 11642;
81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 44680; 81 FR 60117; 82 FR
18818; 82 FR 20962; 82 FR 32919; 82 FR 37499; 82 FR 43647; 82 FR 47312;
82 FR 58262; 83 FR 2289; 83 FR 2306; 83 FR 3861; 83 FR 4537; 83 FR
6922; 83 FR 15232). 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 January
and are discussed below. As of January 3, 2020, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following 51 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (57 FR
57266; 64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 65 FR 57230;
66 FR 17743; 66 FR 33990; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR
17102; 68 FR 35772; 68 FR 52811; 68 FR 61860; 68 FR 69432; 68 FR 69434;
69 FR 62741; 70 FR 30999; 70 FR 33937; 70 FR 46567; 70 FR 53412; 70 FR
57353; 70 FR 61165; 70 FR 72689; 70 FR 74102; 71 FR 644; 71 FR 14566;
71 FR 30227; 71 FR 62147; 72 FR 32705; 72 FR 39879; 72 FR 40359; 72 FR
52419; 72 FR 52421; 72 FR 62897; 72 FR 64273; 72 FR 71995; 73 FR 20245;
73 FR 27014; 73 FR 75806; 74 FR 26461; 74 FR 26464; 74 FR 34074; 74 FR
34630; 74 FR 37295; 74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 49069;
74 FR 53581; 74 FR 57551; 74 FR 60021; 74 FR 62632; 74 FR 65847; 75 FR
50799; 76 FR 7894; 76 FR 8809; 76 FR 20078; 76 FR 34135; 76 FR 37168;
76 FR 44653; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 62143; 76 FR
64169; 76 FR 64171; 76 FR 66123; 76 FR 67246; 76 FR 70210; 76 FR 70215;
76 FR 75942; 76 FR 75943; 76 FR 79760; 78 FR 16762; 78 FR 18667; 78 FR
51268; 78 FR 62935; 78 FR 63302; 78 FR 64274; 78 FR 64280; 78 FR 65032;
78 FR 66099; 78 FR 67452; 78 FR 68137; 78 FR 76395; 78 FR 76705; 78 FR
77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 63211;
80 FR 2471; 80 FR 14240; 80 FR 16500; 80 FR 31636; 80 FR 33324; 80 FR
37718; 80 FR 44188; 80 FR 48402; 80 FR 48413; 80 FR 49302; 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; 80 FR 80443; 81 FR 1284; 81 FR 11642;
81 FR 15401; 81 FR 15404; 81 FR 16265; 82 FR 18818; 82 FR 20962; 82 FR
32919; 82 FR 37499; 82 FR 43647; 82 FR 47312; 83 FR 2289; 83 FR 2306;
83 FR 3861; 83 FR 4537; 83 FR 6922):
Juan D. Adame (TX)
Michael J. Altobelli (CT)
Lawrence A. Angle (MO)
Stephen W. Barrows (OR)
Jason W. Bowers (OR)
Kenneth E. Bross (MO)
Stacey J. Buckingham (ID)
Benny J. Burke (AL)
Ryan J. Burnworth (MO)
Michael D. Champion (VT)
Ryan M. Coelho (RI)
David J. Comeaux (LA)
Duane C. Conway (NV)
William J. Corder (NC)
Jose C. Costa (WA)
Thomas R. Crocker (SC)
Kenneth D. Daniels (PA)
James D. Davis (OH)
Brad M. Donald (MI)
Dominic F. Giordano (CT)
Jeffrey A. Keefer (OH)
Martin D. Keough (NY)
Purvis W. Kills Enemy At Night (SD)
Richard L. Loeffelholz (WI)
Herman G. Lovell (OR)
Thomas P. Maio (MA)
Herman C. Mash (NC)
Christopher V. May (GA)
James F. McMahon, Jr. (NH)
Terry W. Moore (LA)
Steven D. O'Donnell (NJ)
Dennis R. Ohl (MO)
John R. Price (AR)
Francis D. Reginald (NJ)
Danilo A. Rivera (MD)
Michael J. Robinson (WV)
Ronald L. Roy (IL)
Ralph J. Schmitt (CO)
Jarrod R. Seirer (KS)
Eugene D. Self, Jr. (NC)
Levi A. Shetler (OH)
Roye T. Skelton (MS)
Paul D. Stoddard (NY)
Stanley W. Tyler, Jr. (NC)
Cesar Villa-Navarrete (NM)
James H. Wallace, Sr. (FL)
Stephen H. Ward (MO)
Dennis E. White (PA)
Lorenzo A. Williams (DE)
James J. Wyles (NC)
Walter M. Yohn, Jr. (AL)
The drivers were included in docket numbers FMCSA-1999-6156; FMCSA-
1999-6480; FMCSA-2000-7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-
2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-2006-24015;
FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206;
FMCSA-2010-0372; FMCSA-2011-0189; FMCSA-2011-26690; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0297; FMCSA-2014-0303;
FMCSA-2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2017-0017; and FMCSA-2017-0023.
Their exemptions are applicable as of January 3, 2020, and will expire
on January 3, 2022.
As of January 5, 2020, 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
[[Page 68291]]
interstate CMV drivers (76 FR 70213; 77 FR 541; 78 FR 74223; 80 FR
80443; and 83 FR 6922):
George G. Ulferts, Jr. (IA)
The driver was included in docket number FMCSA-2011-0298. The
exemption is applicable as of January 5, 2020, and will expire on
January 5, 2022.
As of January 8, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following seven individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (72 FR 67340; 73
FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704; 80 FR 76345; 80 FR
80443; 81 FR 60117; and 83 FR 6922):
Wayne A. Burnett (NC)
George R. Cornell (OH)
Thomas E. Gross (PA)
Steven G. Hall (NC)
Jason Huddleston (TX)
Martin Postma (IL)
Phillip D. Satterfield (GA)
The drivers were included in docket numbers FMCSA-2007-0017 and
FMCSA-2015-0344. Their exemptions are applicable as of January 8, 2020,
and will expire on January 8, 2022.
As of January 11, 2020, 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 (82 FR 58262 and 83 FR 15232):
Eric J. Andersen (FL)
Darin P. Ball (NY)
Larry W. Buchanan (NM)
Christopher T. Peevyhouse (TN)
The drivers were included in docket number FMCSA-2017-0024. Their
exemptions are applicable as of January 11, 2020, and will expire on
January 11, 2022.
As of January 15, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 64271; 79 FR 2748; 80 FR
80443; and 83 FR 6922):
Terry L. Cliffe (IL)
Adam S. Larson (CO)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Roy A. Whitaker (TX)
The drivers were included in docket number FMCSA-2013-0167. Their
exemptions are applicable as of January 15, 2020, and will expire on
January 15, 2022.
As of January 21, 2020, 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 (80 FR 79414; 81 FR 44680; and 83
FR 6922):
Therron K. Billings (VA)
The driver was included in docket number FMCSA-2015-0345. The
exemption is applicable as of January 21, 2020, and will expire on
January 21, 2022.
As of January 23, 2020, 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 (78 FR 67454; 79 FR 4803; 81 FR
15401; and 83 FR 6922):
Leonard A. Martin (NV)
The driver was included in docket number FMCSA-2013-0170. The
exemption is applicable as of January 23, 2020, and will expire on
January 23, 2022.
As of January 24, 2020, 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 (76 FR 73769; 77
FR 3547; 79 FR 2247; 80 FR 80443; and 83 FR 6922):
Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)
The drivers were included in docket number FMCSA-2011-0299. Their
exemptions are applicable as of January 24, 2020, and will expire on
January 24, 2022.
As of January 27, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 52811; 68 FR 61860; 70 FR
48801; 70 FR 61165; 70 FR 71884; 71 FR 4632; 72 FR 58359; 73 FR 1395;
73 FR 5259; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR
78475; 80 FR 80443; and 83 FR 6922):
John E. Kimmet, Jr. (WA)
Jason L. Light (ID)
Michael J. Richard (LA)
Robert E. Sanders (PA)
The drivers were included in docket numbers FMCSA-2003-15269;
FMCSA-2003-15892; and FMCSA-2005-22727. Their exemptions are applicable
as of January 27, 2020, and will expire on January 27, 2022.
As of January 28, 2020, 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 (74 FR 60022; 75 FR 4623; 77 FR
543; 78 FR 76707; 80 FR 80443; and 83 FR 6922):
James A. DuBay (MI)
Donald E. Halvorson (NM)
Phillip J. Locke (CO)
Brian T. Nelson (MN)
The drivers were included in docket number FMCSA-2009-0303. Their
exemptions are applicable as of January 28, 2020, and will expire on
January 28, 2022.
As of January 29, 2020, 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 67454; 79 FR 4803; 80 FR
80443; and 83 FR 6922):
Calvin J. Barbour (NY)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Michael L. Fiamingo (PA)
Randy G. Kinney (IL)
Hector Marquez (TX)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
The drivers were included in docket number FMCSA-2013-0170. Their
exemptions are applicable as of January 29, 2020, and will expire on
January 29, 2022.
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
[[Page 68292]]
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
VI. Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 90 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: December 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26941 Filed 12-12-19; 8:45 am]
BILLING CODE 4910-EX-P
