[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Notices]
[Pages 39265-39267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14047]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-
2008-0106; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0379; FMCSA-
2012-0104; FMCSA-2012-0159; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-
2014-0005; FMCSA-2014-0007; FMCSA-2015-0348; FMCSA-2016-0027; FMCSA-
2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2018-0012; FMCSA-
2018-0014]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 32 
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 July 30, 
2020.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-1999-6480, Docket No. FMCSA-
2006-24015, Docket No. FMCSA-2006-24783, Docket No. FMCSA-2008-0106, 
Docket No. FMCSA-2010-0082, Docket No. FMCSA-2010-0114, Docket No. 
FMCSA-2011-0379, Docket No. FMCSA-2012-0104, Docket No. FMCSA-2012-
0159, Docket No. FMCSA-2014-0002, Docket No. FMCSA-2014-0003, Docket 
No. FMCSA-2014-0005, Docket No. FMCSA-2014-0007, Docket No. FMCSA-2015-
0348, Docket No. FMCSA-2016-0027, Docket No. FMCSA-2016-0028, Docket 
No. FMCSA-2016-0029, Docket No. FMCSA-2016-0030, Docket No. FMCSA-2018-
0012, or Docket No. FMCSA-2018-0014 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
;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-1999-6480; FMCSA-2006-24015; FMCSA-2006-24783; 
FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0379; 
FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2014-0002; FMCSA-2014-0003; 
FMCSA-2014-0005; FMCSA-2014-0007; FMCSA-2015-0348; FMCSA-2016-0027; 
FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2018-0012; 
FMCSA-2018-0014), 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 http://www.regulations.gov, 
put the docket number, FMCSA-1999-6480; FMCSA-2006-24015; FMCSA-2006-
24783; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-
0379; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2014-0002; FMCSA-2014-
0003; FMCSA-2014-0005; FMCSA-2014-0007; FMCSA-2015-0348; FMCSA-2016-
0027; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-2018-
0012; FMCSA-2018-0014, 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 http://www.regulations.gov. 
Insert the docket number, FMCSA-1999-6480; FMCSA-2006-24015; FMCSA-
2006-24783; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-
2011-0379; FMCSA-2012-0104; FMCSA-2012-0159; FMCSA-2014-0002; FMCSA-
2014-0003; FMCSA-2014-0005; FMCSA-2014-0007; FMCSA-2015-0348; FMCSA-
2016-0027; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0030; FMCSA-
2018-0012; FMCSA-2018-0014, 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

[[Page 39266]]

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. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Docket Operations.

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.transportation.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 32 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 32 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the vision standard (see 64 FR 68195; 65 FR 20251; 67 FR 
17102; 69 FR 17267; 71 FR 14567; 71 FR 16410; 71 FR 30228; 71 FR 32183; 
71 FR 41310; 73 FR 28186; 73 FR 28187; 73 FR 35197; 73 FR 35199; 73 FR 
35200; 73 FR 35201; 73 FR 36955; 73 FR 48275; 75 FR 25917; 75 FR 27623; 
75 FR 34210; 75 FR 36779; 75 FR 39729; 75 FR 44051; 75 FR 47888; 77 FR 
15184; 77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 36336; 77 FR 36338; 
77 FR 38384; 77 FR 38386; 77 FR 40945; 77 FR 46153; 77 FR 46795; 79 FR 
10611; 79 FR 14571; 79 FR 22003; 79 FR 27043; 79 FR 27681; 79 FR 28588; 
79 FR 29495; 79 FR 35218; 79 FR 35220; 79 FR 38649; 79 FR 38659; 79 FR 
38661; 79 FR 40945; 79 FR 46153; 79 FR 53514; 81 FR 6573; 81 FR 26305; 
81 FR 28136; 81 FR 28138; 81 FR 39320; 81 FR 42054; 81 FR 45214; 81 FR 
66720; 81 FR 66722; 81 FR 66724; 81 FR 66726; 81 FR 77173; 81 FR 90050; 
81 FR 91239; 81 FR 96196; 83 FR 6919; 83 FR 24146; 83 FR 28320; 83 FR 
28325; 83 FR 28332; 83 FR 33292; 83 FR 34661; 83 FR 45749; 83 FR 
54644). 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 August 
and are discussed below. As of August 1, 2020, and in accordance with 
49 U.S.C. 31136(e) and 31315, the following 15 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
vision requirement in the FMCSRs for interstate CMV drivers (64 FR 
68195; 65 FR 20251; 67 FR 17102; 69 FR 17267; 71 FR 16410; 71 FR 32183; 
71 FR 41310; 73 FR 28186; 73 FR 36955; 75 FR 25917; 75 FR 27623; 75 FR 
36779; 75 FR 39729; 77 FR 15184; 77 FR 27847; 77 FR 27850; 77 FR 29447; 
77 FR 36338; 77 FR 38384; 77 FR 38386; 79 FR 10611; 79 FR 14571; 79 FR 
22003; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 35218; 
79 FR 35220; 79 FR 38649; 81 FR 6573; 81 FR 26305; 81 FR 28136; 81 FR 
28138; 81 FR 39320; 81 FR 42054; 81 FR 66720; 81 FR 66722; 81 FR 66724; 
81 FR 77173; 81 FR 90050; 81 FR 91239; 81 FR 96196; 83 FR 6919; 83 FR 
24146; 83 FR 28320; 83 FR 28325; 83 FR 28332; 83 FR 34661; 83 FR 
45749):

Daniel A. Bahm (FL),
Felix Barajas Ramirez (IL)
William C. Dempsey, Jr. (MA)
Miguel H. Espinoza (CA)
Troy L. Hargrave (MO)
Timothy B. Hummel (KY)
Darius R. Law (FL)
Randall L. Mathis (AL)
Cody N. McDonnell (OR)
Hassan Ourahou (KY)
Tommy L. Ray, Jr. (AL)
Elston L. Taylor (VA)
Steve A. Taylor (NC)
Ronald L. Walker (FL)
James C. Wechsler (OR)

    The drivers were included in docket numbers FMCSA-1999-6480; FMCSA-
2006-24783; FMCSA-2010-0082; FMCSA-2011-0379; FMCSA-2012-0104; FMCSA-
2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2015-0348; FMCSA-
2016-0027; FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2018-0012. Their 
exemptions are applicable as of August 1, 2020, and will expire on 
August 1, 2022.
    As of August 6, 2020, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following individual has satisfied the renewal conditions 
for obtaining an exemption from the vision requirement in the FMCSRs 
for interstate CMV drivers (77 FR 36336; 77 FR 46795; 79 FR 38661; 81 
FR 90050; 83 FR 34661):

Jay Turner (OH)

    The driver was included in docket number FMCSA-2012-0059. The 
exemption is applicable as of August 6, 2020, and will expire on August 
6, 2022.
    As of August 8, 2020, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (79 FR 38659; 79 FR 53514; 81 FR 
90050; 83 FR 34661):


[[Page 39267]]


Jimmy A. Baker (TX); David L. Miller (OH); and Cory J. Tivnan (WA)

    The drivers were included in docket number FMCSA-2014-0007. Their 
exemptions are applicable as of August 8, 2020, and will expire on 
August 8, 2022.
    As of August 9, 2020, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (75 FR 34210; 75 FR 47888; 77 FR 
40945; 79 FR 40945; 81 FR 90050; 83 FR 34661):

Mark S. Berkheimer (PA); Michael A. Jabro (MI); and Buddy W. Myrick 
(TX)

    The drivers were included in docket number FMCSA-2010-0114. Their 
exemptions are applicable as of August 9, 2020, and will expire on 
August 9, 2022.
    As of August 12, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following two individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (81 FR 45214; 81 FR 66726; 83 FR 
34661):

Roger S. Orr (IA) and Keith R. Tyler (NC)

    The drivers were included in docket number FMCSA-2018-0014. Their 
exemptions are applicable as of August 12, 2020, and will expire on 
August 12, 2022.
    As of August 17, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following two individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (83 FR 33292; 83 FR 54644):

Joseph P. Markley (PA) and Curtis C. Williams (MO)

    The drivers were included in docket number FMCSA-2018-0014. Their 
exemptions are applicable as of August 17, 2020, and will expire on 
August 17, 2022.
    As of August 18, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the vision requirement in 
the FMCSRs for interstate CMV drivers (71 FR 14567; 71 FR 30228; 73 FR 
28187; 73 FR 35197; 73 FR 35199; 73 FR 35200; 73 FR 35201; 73 FR 48275; 
75 FR 44051; 77 FR 46153; 79 FR 46153; 81 FR 90050; 83 FR 34661):

Steven G. Harter (OR)
Robert W. McMillian (MA)
Ryan J. Reimann (WI)
Brandon J. See (IA)
Ricky L. Shepler (PA)
Nils S. Thornberg (OR)

    The drivers were included in docket numbers FMCSA-2006-24015 and 
FMCSA-2008-0106. Their exemptions are applicable as of August 18, 2020, 
and will expire on August 18, 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 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 32 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 2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-14047 Filed 6-29-20; 8:45 am]
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