80 FR 33008 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 111 (June 10, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 111 (June 10, 2015)
| Page Range | 33008-33009 | |
| FR Document | 2015-14173 |
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)] [Notices] [Pages 33008-33009] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14173] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0051] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its denial of 60 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (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., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period if it finds ``such an exemption would likely achieve a [[Page 33009]] level of safety that is equivalent to or greater than the level that would be achieved absent such an exemption.'' The procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 60 individual exemption requests on their merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following nine applicants had no experience operating a CMV: Erica K. Boggs Leslie L. Dana George S. Ginder Destin R. Huerd Edison Joe Miles K. Manross Paul R. Oja Brandon C. Shepard Dontrell D. Williams The following nine applicants did not have three years of experience driving a CMV on public highways with their vision deficiencies: Osman M. Adanalic William R. Bissell David A. Crawford Michael J. Floyd Carlson Koyukuk Abel D. Ordonez Richard A. Paplow Stephen J. Smith Arlyn E. Witker The following four applicants did not have three years of recent experience driving a CMV with the vision deficiency: Carl Jones III Jim Pace Jeffrey G. Sherrill Veronica N. Washington The following two applicants did not have sufficient driving experience during the past three years under normal highway operating conditions: William L. Bowers Bridget Johnson The following applicant, Richard Anthony, had his CDL suspended in relation to a moving violation during the three-year period. Applicants do not qualify for an exemption with a suspension during the three-year period. The following five applicants were unable to obtain a statement from an optometrist or ophthalmologist stating that he was able to operate a commercial vehicle from a vision standpoint: Cesar A. Guridy, Jr. Arthur L. Mabb Winston Merrick Barnett K. Moss, Sr. Donald J. Wilson The following applicant, Larry Defrain, did not have stable vision for the entire three-year period. The following two applicants did not meet the vision standard in their better eye: Leonard Hixon Ryan R. Kepford The following nine applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision: John A. Ashworth Ronaldo A. M. Curva Robert L. Downs Harry J. Glynn Julian Gonzales Linda Jones-Hawkins Frederik J. Koning Pedro Torres Robert M. Walls The following 15 applicants were denied because they will not be driving interstate, interstate commerce, or are not required to carry a DOT medical card: Everardo G. Cantu Gale D. Funke Jeffrey W. Graham Dillon L. Hendren Noel C. Hill Edgar I. IzquierdoGarcia Robert Jasniewicz Eric J. Johnson Marion D. Kellstadt Jeffrey E. Leisenring, Sr. Leonard B. Mulkey Michael K. Preslar Vernon D. Roberts Barbara H. Smith Kyle O. Wrisley Finally, the following three applicants perform transportation for the federal government, state, or any political sub-division of the state. Robert L. Bick James L. Lockwood Fredrick D. McCaskill Issued on: May 29, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-14173 Filed 6-9-15; 8:45 am] BILLING CODE 4910-EX-P
![33008 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices
Clifford L. Burruss (CA) driving with the respective vision ‘‘FMCSA–2011–0092; FMCSA–2013–
Brian G. Dvorak (IL) deficiencies over the past two years 0028’’ in the ‘‘Keyword’’ box and click
John L. Edler, III (DE) indicates each applicant continues to ‘‘Search.’’ Next, click ‘‘Open Docket
John T. Johnson (NM) meet the vision exemption Folder’’ button choose the document
Thomas Korycki (NJ) requirements. listed to review. If you do not have
Larry W. Lunde (WA) These factors provide an adequate access to the Internet, you may view the
Chad S. Penman (UT) basis for predicting each driver’s ability docket online by visiting the Docket
Raymond Potter (RI) to continue to drive safely in interstate Management Facility in Room W12–140
David J. Rothermal (RI) commerce. Therefore, FMCSA on the ground floor of the DOT West
Charles T. Spears (VA) concludes that extending theexemption
Brian E. Tessman (WI) Building, 1200 New Jersey Avenue SE.,
for each renewal applicant for a period Washington, DC 20590, between 9 a.m.
Gregory J. Thurston (PA)
Donald Torbett (IA) of two years is likely to achieve a level and 5 p.m., e.t., Monday through Friday,
James Whiteway (TX) of safety equal to that existing without except Federal holidays.
the exemption.
The exemptions are extended subject Issued on: May 29, 2015.
to the following conditions: (1) That IV. Public Participation and Request for Larry W. Minor,
each individual has a physical Comments Associate Administration for Policy.
examination every year (a) by an FMCSA encourages you to participate [FR Doc. 2015–14167 Filed 6–9–15; 8:45 am]
ophthalmologist or optometrist who by submitting comments and related BILLING CODE 4910–EX–P
attests that the vision in the better eye materials.
continues to meet the requirements in
49 CFR 391.41(b)(10), and (b) by a Submitting Comments DEPARTMENT OF TRANSPORTATION
medical examiner who attests that the If you submit a comment, please
individual is otherwise physically include the docket number for this Federal Motor Carrier Safety
qualified under 49 CFR 391.41; (2) that notice (FMCSA–2011–0092; FMCSA– Administration
each individual provides a copy of the 2013–0028), indicate the specific [Docket No. FMCSA–2015–0051]
ophthalmologist’s or optometrist’s section of this document to which each
report to the medical examiner at the comment applies, and provide a reason Qualification of Drivers; Exemption
time of the annual medical examination; for each suggestion or recommendation. Applications; Vision
and (3) that each individual provide a You may submit your comments and
copy of the annual medical certification material online or by fax, mail, or hand AGENCY: Federal Motor Carrier Safety
to the employer for retention in the delivery, but please use only one of Administration (FMCSA), DOT.
driver’s qualification file and retains a these means. FMCSA recommends that ACTION: Notice of denials.
copy of the certification on his/her you include your name and a mailing
person while driving for presentation to SUMMARY: FMCSA announces its denial
address, an email address, or a phone
a duly authorized Federal, State, or local of 60 applications from individuals who
number in the body of your document
enforcement official. Each exemption requested an exemption from the
so the Agency can contact you if it has
will be valid for two years unless Federal vision standard applicable to
questions regarding your submission.
rescinded earlier by FMCSA. The To submit your comment online, got interstate truck and bus drivers and the
exemption will be rescinded if: (1) The to http://www.regulations.gov and put reasons for the denials. FMCSA has
person fails to comply with the terms the docket number, ‘‘FMCSA–2011– statutory authority to exempt
and conditions of the exemption; (2) the 0092; FMCSA–2013–0028’’ in the individuals from the vision requirement
exemption has resulted in a lower level ‘‘Keyword’’ box, and click ‘‘Search.’’ if the exemptions granted will not
of safety than was maintained before it When the new screen appears, click on compromise safety. The Agency has
was granted; or (3) continuation of the ‘‘Comment Now!’’ button and type your concluded that granting these
exemption would not be consistent with comment into the text box in the exemptions does not provide a level of
the goals and objectives of 49 U.S.C. following screen. Choose whether you safety that will be equivalent to, or
31136(e) and 31315. are submitting your comment as an greater than, the level of safety
individual or on behalf of a third party maintained without the exemptions for
III. Basis for Renewing Exemptions these commercial motor vehicle (CMV)
and then submit. If you submit your
Under 49 U.S.C. 31315(b)(1), an comments by mail or hand delivery, drivers.
exemption may be granted for no longer submit them in an unbound format, no FOR FURTHER INFORMATION CONTACT:
than two years from its approval date larger than 81⁄2 by 11 inches, suitable for Charles A. Horan, III, Director, Carrier,
and may be renewed upon application copying and electronic filing. If you Driver and Vehicle Safety Standards,
for additional two year periods. In submit comments by mail and would (202) 366–4001, fmcsamedical@dot.gov,
accordance with 49 U.S.C. 31136(e) and like to know that they reached the FMCSA, Department of Transportation,
31315, each of the 14 applicants has facility, please enclose a stamped, self- 1200 New Jersey Avenue SE., Room
satisfied the entry conditions for addressed postcard or envelope. FMCSA W64–224, Washington, DC 20590–0001.
obtaining an exemption from the vision will consider all comments and material Office hours are from 8:30 a.m. to 5
requirements (76 FR 25766; 76 FR received during the comment period p.m., Monday through Friday, except
37885; 78 FR 27281; 78 FR 37270; 78 FR Federal holidays.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
and may change this notice based on
41188). Each of these 14 applicants has your comments. SUPPLEMENTARY INFORMATION:
requested renewal of the exemption and
has submitted evidence showing that Viewing Comments and Documents Background
the vision in the better eye continues to To view comments, as well as any Under 49 U.S.C. 31136(e) and 31315,
meet the requirement specified at 49 documents mentioned in this preamble FMCSA may grant an exemption from
CFR 391.41(b)(10) and that the vision as being available in the docket, go to the Federal vision standard for a
impairment is stable. In addition, a http://www.regulations.gov and in the renewable 2-year period if it finds ‘‘such
review of each record of safety while search box insert the docket number, an exemption would likely achieve a
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![Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 33009
level of safety that is equivalent to or optometrist or ophthalmologist stating DEPARTMENT OF TRANSPORTATION
greater than the level that would be that he was able to operate a commercial
achieved absent such an exemption.’’ vehicle from a vision standpoint: Federal Motor Carrier Safety
The procedures for requesting an Cesar A. Guridy, Jr. Administration
exemption are set forth in 49 CFR part Arthur L. Mabb [Docket No. FMCSA–1998–4334; FMCSA–
381. 2000–7006; FMCSA–2000–7363; FMCSA–
Accordingly, FMCSA evaluated 60 Winston Merrick
2000–8398; FMCSA–2001–9258; FMCSA–
individual exemption requests on their Barnett K. Moss, Sr. 2003–14504; FMCSA–2005–20027; FMCSA–
merit and made a determination that Donald J. Wilson 2005–20560; FMCSA–2006–25246; FMCSA–
these applicants do not satisfy the The following applicant, Larry 2007–27333]
criteria eligibility or meet the terms and Defrain, did not have stable vision for
conditions of the Federal exemption the entire three-year period. Qualification of Drivers; Exemption
program. Each applicant has, prior to The following two applicants did not Applications; Vision
this notice, received a letter of final meet the vision standard in their better AGENCY: Federal Motor Carrier Safety
disposition on the exemption request. eye: Administration (FMCSA), DOT.
Those decision letters fully outlined the Leonard Hixon ACTION: Notice of renewal of
basis for the denial and constitute final exemptions; request for comments.
Ryan R. Kepford
Agency action. The list published in
this notice summarizes the Agency’s The following nine applicants met the
SUMMARY: FMCSA announces its
recent denials as required under 49 current federal vision standards.
decision to renew the exemptions from
U.S.C. 31315(b)(4) by periodically Exemptions are not required for
the vision requirement in the Federal
publishing names and reasons for applicants who meet the current
Motor Carrier Safety Regulations for 20
denial. regulations for vision:
individuals. FMCSA has statutory
The following nine applicants had no John A. Ashworth authority to exempt individuals from
experience operating a CMV: Ronaldo A. M. Curva the vision requirement if the
Erica K. Boggs Robert L. Downs exemptions granted will not
Leslie L. Dana Harry J. Glynn compromise safety. The Agency has
George S. Ginder Julian Gonzales concluded that granting these
Destin R. Huerd exemption renewals will provide a level
Edison Joe Linda Jones-Hawkins
of safety that is equivalent to or greater
Miles K. Manross Frederik J. Koning
than the level of safety maintained
Paul R. Oja Pedro Torres without the exemptions for these
Brandon C. Shepard Robert M. Walls commercial motor vehicle (CMV)
Dontrell D. Williams The following 15 applicants were drivers.
The following nine applicants did not denied because they will not be driving
have three years of experience driving a DATES: This decision is effective June
interstate, interstate commerce, or are
CMV on public highways with their 26, 2015. Comments must be received
not required to carry a DOT medical
vision deficiencies: on or before July 10, 2015.
card:
Osman M. Adanalic ADDRESSES: You may submit comments
Everardo G. Cantu bearing the Federal Docket Management
William R. Bissell
David A. Crawford Gale D. Funke System (FDMS) numbers: Docket No.
Michael J. Floyd Jeffrey W. Graham [Docket No. FMCSA–1998–4334;
Carlson Koyukuk Dillon L. Hendren FMCSA–2000–7006; FMCSA–2000–
Abel D. Ordonez Noel C. Hill 7363; FMCSA–2000–8398; FMCSA–
Richard A. Paplow Edgar I. IzquierdoGarcia 2001–9258; FMCSA–2003–14504;
Stephen J. Smith Robert Jasniewicz FMCSA–2005–20027; FMCSA–2005–
Arlyn E. Witker 20560; FMCSA–2006–25246; FMCSA–
The following four applicants did not Eric J. Johnson
2007–27333], using any of the following
have three years of recent experience Marion D. Kellstadt
methods:
driving a CMV with the vision Jeffrey E. Leisenring, Sr. • Federal eRulemaking Portal: Go to
deficiency: Leonard B. Mulkey http://www.regulations.gov. Follow the
Carl Jones III Michael K. Preslar on-line instructions for submitting
Jim Pace Vernon D. Roberts comments.
Jeffrey G. Sherrill Barbara H. Smith • Mail: Docket Management Facility;
Veronica N. Washington Kyle O. Wrisley U.S. Department of Transportation, 1200
The following two applicants did not New Jersey Avenue SE., West Building
Finally, the following three applicants
have sufficient driving experience Ground Floor, Room W12–140,
perform transportation for the federal
during the past three years under Washington, DC 20590–0001.
government, state, or any political sub-
normal highway operating conditions:
division of the state. • Hand Delivery or Courier: West
William L. Bowers Building Ground Floor, Room W12–140,
Robert L. Bick
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Bridget Johnson 1200 New Jersey Avenue SE.,
The following applicant, Richard James L. Lockwood Washington, DC, between 9 a.m. and 5
Anthony, had his CDL suspended in Fredrick D. McCaskill p.m., Monday through Friday, except
relation to a moving violation during the Issued on: May 29, 2015. Federal Holidays.
three-year period. Applicants do not Larry W. Minor, • Fax: 1–202–493–2251.
qualify for an exemption with a Instructions: Each submission must
Associate Administrator for Policy.
suspension during the three-year period. include the Agency name and the
The following five applicants were [FR Doc. 2015–14173 Filed 6–9–15; 8:45 am] docket number for this notice. Note that
unable to obtain a statement from an BILLING CODE 4910–EX–P DOT posts all comments received
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Document Created: 2015-12-15 15:17:21
Document Modified: 2015-12-15 15:17:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of denials. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (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., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 33008 |
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