80_FR_37160 80 FR 37036 - Qualification of Drivers; Exemption Applications; Vision

80 FR 37036 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range37036-37037
FR Document2015-15862

FMCSA announces its denial of 115 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.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015) 
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37036-37037]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15862]



[[Page 37036]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0050]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its denial of 115 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, 
[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.

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 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 115 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 25 applicants had no experience operating a CMV:

John O. Adams
Chamekia Allison
William S. Bennett
Alex J. Cordova
Lee J. Gaffney
Joseph P. Gatzek
Victor Gulian
James L. Howes
Jose R. Izaguirre
Robert C. Jeffries
Douglas R. Johnston
Joshua L. Johnson
Charles D. Jones
Darrell T. Leonard
Steven L. Loper
Jared J. Martin
Peni M. Matanimeke
Thomas I. Poindexter
Joaquin Rivera
Michael D. Roe
Allen Rowbotham
Zachary M. Sawyer
Marcus W. Scott
John J. Tilton
Joshua Yeick

    The following 24 applicants did not have three years of experience 
driving a CMV on public highways with their vision deficiencies:

Raed A. Abdelrahim
Jaloliddin S. Abduvakhabov
Elbert A. Akers
Esmic Arras-Saenz
Howard D. Barton
Alan F. Brown
Jerry Carter
Donald E. Cessna, Sr.
Douglas G. Gentry
Jerry G. Henry III
Delbert R. Hummel
Timothy L. Kennie
Ricky A. Mobley
Gabriel Navarro
Ronald D. Otworth
Frederick E. Place
Joshua S. Reiling
Timothy A. Robbins
Anthony A. Salesi
Rodney M. Spigner
Charles Till
Benny P. Whitehead
Charles R. Williams
Wilson B. Willie

    The following seven applicants did not have three years of recent 
experience driving a CMV with the vision deficiency:

Jeffrey S. Branch
Richard Jarrell
Duane A. McCord
Todd O. Moodispaugh
Reynerio G. Paz
Lynn C. Radney, Sr.
Rick L. Richardson

    The following three applicants did not have sufficient driving 
experience during the past three years under normal highway operating 
conditions:

Harold L. Cobb
Allen Hewitt
Clarence H. Lee

    The following applicant, James Lyman, was charged with a moving 
violation(s) in conjunction with a commercial motor vehicle 
accident(s).
    The following applicant, Kevin E. Putney, 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 three 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:

Roger F. Berneking
Kip M. Le Fever
David N. Skillings

    The following applicant, Michael A. Stiles, was denied for 
miscellaneous/multiple reasons.
    The following two applicants did not have stable vision for the 
entire three-year period:

Wesley A. Boyd
Thomas E. Lippincott

    The following applicant, Myrick J. Jackson, never submitted the 
documents required for a vision exemption.
    The following applicant, Aaron Wiebe, lives in Canada.
    The following two applicants did not meet the vision standard in 
their better eye:

Thomas E. Allen
Michael J. Pullman

    The following 13 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

Elazar Ambriz
Steven P. Cohen
Aubrey B. Cook
John D. Hamm
Randal E. Heibult
Thomas M. King
Donald R. Knobloch
Rodney E. Parks
Rene J. Patenaude
Theodore T. Phillips
David Searcy
Guy Waltz
Lloyd F. Wood

    The following 26 applicants were denied because they will not be 
driving interstate, interstate commerce, or are not required to carry a 
DOT medical card:

Melvin C. Bennett

[[Page 37037]]

James E. Campbell
Jeremy L. Elliott
Edward T. Errrichetto
Stefano U. Fabbri
Sebastian Fernandez
Phillp M. Green
Antone J. Heideman, Jr.
Eric J. Hidden
Jared B. Holt
Paul E. Irish, Jr.
Justin M. Jackson
Elias Lemus, Jr.
Thomas J. Manning
David B. McConnell
Timothy J. Miller
George Moore, Jr.
Elpidio Munoz, Jr.
Nicholas M. O'Rourke
William F. Potts
Michael L. Rouse
George E. Shores
Claude G. Stolp
James R. Taylor
Joseph M. Taylor
Joseph H. Varel

    Finally, the following five applicants perform transportation for 
the federal government, state, or any political sub-division of the 
state.

Bryan A. Jenkins
Anton M. Maloblocki
Stuart P. Nichols
Lawrence K.W. Smith
James A. White, Jr.

    Issued on: June 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15862 Filed 6-26-15; 8:45 am]
BILLING CODE 4910-EX-P

37036 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices DEPARTMENT OF TRANSPORTATION publishing names and reasons for The following three applicants did denial. not have sufficient driving experience Federal Motor Carrier Safety The following 25 applicants had no during the past three years under Administration experience operating a CMV: normal highway operating conditions: [Docket No. FMCSA–2015–0050] John O. Adams Harold L. Cobb Chamekia Allison Allen Hewitt Qualification of Drivers; Exemption William S. Bennett Clarence H. Lee Applications; Vision Alex J. Cordova The following applicant, James Lee J. Gaffney Lyman, was charged with a moving AGENCY: Federal Motor Carrier Safety Joseph P. Gatzek violation(s) in conjunction with a Administration (FMCSA), DOT. Victor Gulian ACTION: Notice of denials. commercial motor vehicle accident(s). James L. Howes The following applicant, Kevin E. SUMMARY: FMCSA announces its denial Jose R. Izaguirre Putney, had his CDL suspended in of 115 applications from individuals Robert C. Jeffries relation to a moving violation during the who requested an exemption from the Douglas R. Johnston three-year period. Applicants do not Federal vision standard applicable to Joshua L. Johnson qualify for an exemption with a interstate truck and bus drivers and the Charles D. Jones suspension during the three-year period. reasons for the denials. FMCSA has Darrell T. Leonard The following three applicants were statutory authority to exempt Steven L. Loper unable to obtain a statement from an individuals from the vision requirement Jared J. Martin optometrist or ophthalmologist stating if the exemptions granted will not Peni M. Matanimeke that he was able to operate a commercial compromise safety. The Agency has Thomas I. Poindexter vehicle from a vision standpoint: concluded that granting these Joaquin Rivera Michael D. Roe Roger F. Berneking exemptions does not provide a level of Kip M. Le Fever Allen Rowbotham safety that will be equivalent to, or David N. Skillings Zachary M. Sawyer greater than, the level of safety The following applicant, Michael A. Marcus W. Scott maintained without the exemptions for Stiles, was denied for miscellaneous/ John J. Tilton these commercial motor vehicle (CMV) multiple reasons. Joshua Yeick drivers. The following two applicants did not FOR FURTHER INFORMATION CONTACT: The following 24 applicants did not have stable vision for the entire three- Charles A. Horan, III, Director, Carrier, have three years of experience driving a year period: Driver and Vehicle Safety Standards, CMV on public highways with their vision deficiencies: Wesley A. Boyd (202) 366–4001, fmcsamedical@dot.gov, Thomas E. Lippincott FMCSA, Department of Transportation, Raed A. Abdelrahim Jaloliddin S. Abduvakhabov The following applicant, Myrick J. 1200 New Jersey Avenue SE., Room Jackson, never submitted the documents W64–224, Washington, DC 20590–0001. Elbert A. Akers Esmic Arras-Saenz required for a vision exemption. Office hours are from 8:30 a.m. to 5 The following applicant, Aaron p.m., Monday through Friday, except Howard D. Barton Alan F. Brown Wiebe, lives in Canada. Federal holidays. The following two applicants did not SUPPLEMENTARY INFORMATION: Jerry Carter Donald E. Cessna, Sr. meet the vision standard in their better Background Douglas G. Gentry eye: Under 49 U.S.C. 31136(e) and 31315, Jerry G. Henry III Thomas E. Allen FMCSA may grant an exemption from Delbert R. Hummel Michael J. Pullman the Federal vision standard for a Timothy L. Kennie The following 13 applicants met the renewable 2-year period if it finds ‘‘such Ricky A. Mobley current federal vision standards. an exemption would likely achieve a Gabriel Navarro Exemptions are not required for level of safety that is equivalent to or Ronald D. Otworth applicants who meet the current greater than the level that would be Frederick E. Place regulations for vision: achieved absent such an exemption.’’ Joshua S. Reiling Elazar Ambriz The procedures for requesting an Timothy A. Robbins Steven P. Cohen exemption are set forth in 49 CFR part Anthony A. Salesi Aubrey B. Cook 381. Rodney M. Spigner John D. Hamm Accordingly, FMCSA evaluated 115 Charles Till Randal E. Heibult individual exemption requests on their Benny P. Whitehead Thomas M. King merit and made a determination that Charles R. Williams Donald R. Knobloch these applicants do not satisfy the Wilson B. Willie Rodney E. Parks criteria eligibility or meet the terms and The following seven applicants did Rene J. Patenaude conditions of the Federal exemption not have three years of recent Theodore T. Phillips program. Each applicant has, prior to experience driving a CMV with the David Searcy vision deficiency: Guy Waltz mstockstill on DSK4VPTVN1PROD with NOTICES this notice, received a letter of final disposition on the exemption request. Jeffrey S. Branch Lloyd F. Wood Those decision letters fully outlined the Richard Jarrell The following 26 applicants were basis for the denial and constitute final Duane A. McCord denied because they will not be driving Agency action. The list published in Todd O. Moodispaugh interstate, interstate commerce, or are this notice summarizes the Agency’s Reynerio G. Paz not required to carry a DOT medical recent denials as required under 49 Lynn C. Radney, Sr. card: U.S.C. 31315(b)(4) by periodically Rick L. Richardson Melvin C. Bennett VerDate Sep<11>2014 17:13 Jun 26, 2015 Jkt 235001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices 37037 James E. Campbell for consideration. This set of personal information the commenter Jeremy L. Elliott enhancements would include changing provides, to www.regulations.gov, as Edward T. Errrichetto some of the SMS Intervention described in the system of records Stefano U. Fabbri Thresholds to better reflect the Behavior notice (DOT/ALL–14 FDMS), which can Sebastian Fernandez Analysis and Safety Improvement be reviewed at www.dot.gov/privacy. Phillp M. Green Categories’ (BASICs) correlation to crash Antone J. Heideman, Jr. FOR FURTHER INFORMATION CONTACT: For risk, other changes to the Hazardous Eric J. Hidden information concerning this notice, Materials (HM) Compliance BASIC, Jared B. Holt contact Mr. David Yessen, Federal reclassifying violations for operating Paul E. Irish, Jr. Motor Carrier Safety Administration, while out-of-service (OOS) to the Unsafe Justin M. Jackson Compliance Division, 1200 New Jersey Driving BASIC, and adjustments to the Elias Lemus, Jr. Avenue SE., Washington, DC 20590, Utilization Factor (UF). FMCSA will Thomas J. Manning Telephone 609–275–2606, E-Mail: provide a preview of the proposed David B. McConnell david.yessen@dot.gov. If you have enhancements allowing motor carriers Timothy J. Miller questions on viewing or submitting to see their own data, enforcement to George Moore, Jr. material to the docket, contact Docket see the data, and an opportunity for all Elpidio Munoz, Jr. Services, telephone (202) 366–9826. to comment prior to implementation. Nicholas M. O’Rourke DATES: Comments must be received on SUPPLEMENTARY INFORMATION: William F. Potts or before July 29, 2015. Michael L. Rouse I. Background ADDRESSES: You may submit comments George E. Shores The SMS bearing the Federal Docket Management Claude G. Stolp James R. Taylor System (FDMS) Docket ID FMCSA– FMCSA first announced the Joseph M. Taylor 2015–0149 using any of the following implementation of the SMS in the Joseph H. Varel methods: Federal Register on April 9, 2010 (75 FR • Federal eRulemaking Portal: Go to 18256) (Docket No. FMCSA–2004– Finally, the following five applicants www.regulations.gov. Follow the on-line perform transportation for the federal 18898). Since December 2010, FMCSA instructions for submitting comments. and its State partners have used SMS to government, state, or any political sub- • Mail: Docket Management Facility; division of the state. identify and prioritize motor carriers for U.S. Department of Transportation, 1200 interventions, including automated Bryan A. Jenkins New Jersey Avenue SE., West Building Anton M. Maloblocki warning letters and investigations. Ground Floor, Room W12–140, Additionally, SMS serves as a principal Stuart P. Nichols Washington, DC 20590–0001. factor in roadside inspection selection Lawrence K.W. Smith • Hand Delivery or Courier: West software designed to recommend motor James A. White, Jr. Building Ground Floor, Room W12–140, carriers for inspections. The SMS also Issued on: June 22, 2015. 1200 New Jersey Avenue SE., provides the motor carrier industry, Larry W. Minor, Washington, DC, between 9 a.m. and 5 consumers, and other safety Associate Administrator for Policy. p.m., ET, Monday through Friday, stakeholders with comprehensive safety [FR Doc. 2015–15862 Filed 6–26–15; 8:45 am] except Federal Holidays. performance data for many carriers. • Fax: 1–202–493–2251. This information is updated monthly. BILLING CODE 4910–EX–P Each submission must include the SMS is available at the public Web site Agency name and the docket number for at http://ai.fmcsa.dot.gov/SMS. FMCSA DEPARTMENT OF TRANSPORTATION this notice. Note that DOT posts all announced improvements to the SMS in comments received without change to March 2012 (77 FR 18298) (Docket No. Federal Motor Carrier Safety www.regulations.gov, including any FMCSA–2012–0074), August 2012 (77 Administration personal information included in a FR 52110) (Docket No. FMCSA–2004– comment. Please see the Privacy Act [Docket No FMCSA–2015–0149] 18898), and July 2014 (79 FR 43117) heading below. (Docket No. FMCSA–2013–0392). As Docket: For access to the docket to Proposal for Future Enhancements to stated in the March 2012 notice, FMCSA read background documents or the Safety Measurement System (SMS) plans to apply a systematic approach to comments, go to www.regulations.gov at making improvements to SMS, AGENCY: Federal Motor Carrier Safety any time or visit Room W12–140 on the prioritizing, and releasing packages of Administration (FMCSA), DOT. ground level of the West Building, 1200 improvements as needed. ACTION: Notice; request for public New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, FMCSA convened a Continuous comment. Monday through Friday, except Federal Improvement Working Group (CIWG) SUMMARY: FMCSA provides notice and holidays. The on-line FDMS is available comprised of Federal and State seeks comments on proposed 24 hours each day, 365 days each year. Enforcement personnel. This group used enhancements to the Agency’s Safety If you want acknowledgment that we their diverse experiences to identify Measurement System (SMS) received your comments, please include areas of needed improvement with SMS methodology. Consistent with its prior a self-addressed, stamped envelope or and the Compliance, Safety, Accountability interventions process. mstockstill on DSK4VPTVN1PROD with NOTICES announcements, the Agency is postcard or print the acknowledgement proposing changes to the SMS that are page that appears after submitting The CIWG recommendations are under the direct result of feedback from comments on-line. review, and they informed the potential stakeholders and the Agency’s ongoing Privacy Act: In accordance with 5 enhancements outlined below. continuous improvement efforts. The U.S.C. 553(c), DOT solicits comments List of Proposed Enhancements Agency is considering several changes from the public to better inform its in this notice and is asking for comment rulemaking process. DOT posts these FMCSA is proposing the following on these issues, and other possible areas comments, without edit, including any enhancements: VerDate Sep<11>2014 17:13 Jun 26, 2015 Jkt 235001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1


Document Created: 2015-12-15 14:25:02
Document Modified: 2015-12-15 14:25:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of denials.
ContactCharles 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 Citation80 FR 37036 
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