80_FR_41693 80 FR 41558 - Qualification of Drivers; Exemption Applications; Vision

80 FR 41558 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 135 (July 15, 2015)

Page Range41558-41559
FR Document2015-17329

FMCSA announces its denial of 120 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 135 (Wednesday, July 15, 2015)
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41558-41559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17329]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0054]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its denial of 120 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 120 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 applicant, Gregory J. Karkos, did not have sufficient 
driving experience over the past three years under normal highway 
operating conditions.
    The following 21 applicants had no experience operating a CMV:

Paul M. A. Bobick
Ethan W. Boze
Russell B. Cochran
Harold L. Coleman
Logan B. Dix
Terry L. Dockall
Charles M. Edmonds
Pedro T. Espinal
Ronald A. Francis
William R. Hand
Kristopher M. Heitmeier
Alan L. Kershisnik
Nuru D. Mehammed
Kevin R. Murphy
Eduardo Ortiz
Christopher E. Robles
Jonathan R. Rogers
Joseph D. Sirlin
Maxwell W. Tanner
Charles Wheeler
Haitham N. Zegar

    The following 15 applicants did not have three years of experience 
driving a CMV on public highways with their vision deficiencies:

Clairmont Boston
John R. Boudreaux
James A. Bullock, Jr.
James L. Crain
James W. Faber
Joseph F. Giacometto
Elmer G. Godwin, Jr.
Randall L. Hall
Alexander D. Harry
Clyde M. Lange III
Aveland E. Munroe
Jorge M. Rios
Canute O. Robinson
James R. Sadlow
Thomas A. Schwarz

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

Kyle J. Bailey
Charles W. Bradley
Jeremy W. Culberson
Albert Goodman, Jr.
Jimmy R. Holman
Ronald L. Irwin
Wayne S. Peisert
Donald L. Pons
Dawn K. Waybill

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

Michael Garnys
Edward P. Schrader II

    The following applicant, Marsden A. Cummings, was unable to obtain 
a statement from an optometrist or ophthalmologist stating that he was 
able to operate a commercial vehicle from a vision standpoint.
    The following 19 applicants were denied for multiple reasons:

Shawn B. Blanton
Lorena G. Booker
Gaylon W. Bumpus
Teddy E. Cole
David R. Ford
Joseph R. Fritz
Alan G. Hicks
Tony B. Johnson
Raymond W. Lytle, Sr.
William E. Montanari, Sr.
Donald H. Nelson
Delbert L. Priddle
James D. Simental
Dennis L. Smith
Patrick L. Stansell
Dustin L. Stone
Barron A. Story
Samuel M. Washington
Gary E. Williams

    The following two applicants did not have stable vision for the 
entire three-year period:

Jeffrey L. Jones
Carl A. Shaner

    The following 21 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

David D. Bond
Nicholas J. Carbone
Harold C. Darden
Douglas J. Davis
Whitney R. Everhart
 Craig T. Gerroll
 Darren E. Giles

[[Page 41559]]

 Sukmindier S. Grewal
 Derek Griffin
 Bobby L. Hunter
 Dennis Johnson
 Dennis D. Kahle
 Enoc D. Lopez
 Michael D. Minchew
 Armont S. Nash
 Osvaldo Negron
 Charles E. Rhodes
 Michael C. Schaffer Jr.
 Brian D. Sharp
 Yancy D. Stone
 Charles R. Wulf

    The following 24 applicants were denied because they will not be 
driving interstate, interstate commerce, or are not required to carry a 
DOT medical card:

Scott W. Andreason
 Michael J. Benedict
 Ronald R. Campbell
 Richard A. Cornejo
 Willie J. Evans Jr.
 Domenic L. Germano
 Robert L. Hodge
 John L. Johnson
 Sr.
 Raymond Long
 Evaristo Z. Martinez
 James C. Mcnee
 Jere L. Messersmith
 Michael D. Meyer
 Jeffrey R. Miller
 Anna M. Miller
 George S. Moore
 Steven J. Mulligan
 Robert Noonan
 Myron E. Olson
 Jerry W. Rufsvold
 Elmer F. Silcott
 Thomas E. Smith
 Anthony E. Smith
 Manuel Ulloa-Mendez

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

Michael W. Henderson
 Nicholas J. Marchesani
 Christopher M. Pannelli
 Anthony J. Santi
 Todd W. Woronik

    Issued on: July 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17329 Filed 7-14-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  41558                        Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  rule based on your comments. FMCSA                       renewable 2-year period if it finds ‘‘such            Jorge M. Rios
                                                  may issue a final rule at any time after                 an exemption would likely achieve a                   Canute O. Robinson
                                                  the close of the comment period.                         level of safety that is equivalent to or              James R. Sadlow
                                                                                                           greater than the level that would be                  Thomas A. Schwarz
                                                  V. Viewing Comments and Documents
                                                                                                           achieved absent such an exemption.’’                     The following nine applicants did not
                                                    To view comments, as well as any                       The procedures for requesting an                      have three years of recent experience
                                                  documents mentioned in this preamble,                    exemption are set forth in 49 CFR part                driving a CMV with the vision
                                                  to submit your comment online, go to                     381.                                                  deficiency:
                                                  http://www.regulations.gov and in the                      Accordingly, FMCSA evaluated 120                    Kyle J. Bailey
                                                  search box insert the docket number                      individual exemption requests on their                Charles W. Bradley
                                                  FMCSA–2015–0063 and click ‘‘Search.’’                    merit and made a determination that                   Jeremy W. Culberson
                                                  Next, click ‘‘Open Docket Folder’’ and                   these applicants do not satisfy the                   Albert Goodman, Jr.
                                                  you will find all documents and                          criteria eligibility or meet the terms and            Jimmy R. Holman
                                                  comments related to the proposed                         conditions of the Federal exemption                   Ronald L. Irwin
                                                  rulemaking.                                              program. Each applicant has, prior to                 Wayne S. Peisert
                                                    Issued on: July 7, 2015.                               this notice, received a letter of final               Donald L. Pons
                                                  Larry W. Minor,                                          disposition on the exemption request.                 Dawn K. Waybill
                                                  Associate Administrator for Policy.
                                                                                                           Those decision letters fully outlined the                The following two applicants did not
                                                                                                           basis for the denial and constitute final             have sufficient driving experience
                                                  [FR Doc. 2015–17328 Filed 7–14–15; 8:45 am]
                                                                                                           Agency action. The list published in                  during the past three years under
                                                  BILLING CODE 4910–EX–P
                                                                                                           this notice summarizes the Agency’s                   normal highway operating conditions:
                                                                                                           recent denials as required under 49
                                                                                                                                                                 Michael Garnys
                                                  DEPARTMENT OF TRANSPORTATION                             U.S.C. 31315(b)(4) by periodically
                                                                                                                                                                 Edward P. Schrader II
                                                                                                           publishing names and reasons for
                                                                                                           denial.                                                  The following applicant, Marsden A.
                                                  Federal Motor Carrier Safety                                                                                   Cummings, was unable to obtain a
                                                  Administration                                             The following applicant, Gregory J.
                                                                                                           Karkos, did not have sufficient driving               statement from an optometrist or
                                                  [Docket No. FMCSA–2015–0054]                             experience over the past three years                  ophthalmologist stating that he was able
                                                                                                           under normal highway operating                        to operate a commercial vehicle from a
                                                  Qualification of Drivers; Exemption                                                                            vision standpoint.
                                                                                                           conditions.
                                                  Applications; Vision                                                                                              The following 19 applicants were
                                                                                                             The following 21 applicants had no
                                                  AGENCY: Federal Motor Carrier Safety                     experience operating a CMV:                           denied for multiple reasons:
                                                  Administration (FMCSA), DOT.                             Paul M. A. Bobick                                     Shawn B. Blanton
                                                  ACTION: Notice of denials.                               Ethan W. Boze                                         Lorena G. Booker
                                                                                                           Russell B. Cochran                                    Gaylon W. Bumpus
                                                  SUMMARY:    FMCSA announces its denial                   Harold L. Coleman                                     Teddy E. Cole
                                                  of 120 applications from individuals                     Logan B. Dix                                          David R. Ford
                                                  who requested an exemption from the                      Terry L. Dockall                                      Joseph R. Fritz
                                                  Federal vision standard applicable to                    Charles M. Edmonds                                    Alan G. Hicks
                                                  interstate truck and bus drivers and the                 Pedro T. Espinal                                      Tony B. Johnson
                                                  reasons for the denials. FMCSA has                       Ronald A. Francis                                     Raymond W. Lytle, Sr.
                                                  statutory authority to exempt                            William R. Hand                                       William E. Montanari, Sr.
                                                  individuals from the vision requirement                  Kristopher M. Heitmeier                               Donald H. Nelson
                                                  if the exemptions granted will not                       Alan L. Kershisnik                                    Delbert L. Priddle
                                                  compromise safety. The Agency has                        Nuru D. Mehammed                                      James D. Simental
                                                  concluded that granting these                            Kevin R. Murphy                                       Dennis L. Smith
                                                  exemptions does not provide a level of                   Eduardo Ortiz                                         Patrick L. Stansell
                                                  safety that will be equivalent to, or                    Christopher E. Robles                                 Dustin L. Stone
                                                  greater than, the level of safety                        Jonathan R. Rogers                                    Barron A. Story
                                                  maintained without the exemptions for                    Joseph D. Sirlin                                      Samuel M. Washington
                                                  these commercial motor vehicle (CMV)                     Maxwell W. Tanner                                     Gary E. Williams
                                                  drivers.                                                 Charles Wheeler                                          The following two applicants did not
                                                  FOR FURTHER INFORMATION CONTACT:                         Haitham N. Zegar                                      have stable vision for the entire three-
                                                  Charles A. Horan, III, Director, Carrier,                  The following 15 applicants did not                 year period:
                                                  Driver and Vehicle Safety Standards,                     have three years of experience driving a              Jeffrey L. Jones
                                                  (202) 366–4001, fmcsamedical@dot.gov,                    CMV on public highways with their                     Carl A. Shaner
                                                  FMCSA, Department of Transportation,                     vision deficiencies:                                     The following 21 applicants met the
                                                  1200 New Jersey Avenue SE., Room                         Clairmont Boston                                      current federal vision standards.
                                                  W64–224, Washington, DC 20590–0001.                      John R. Boudreaux                                     Exemptions are not required for
                                                  Office hours are from 8:30 a.m. to 5                     James A. Bullock, Jr.                                 applicants who meet the current
                                                  p.m., Monday through Friday, except                                                                            regulations for vision:
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           James L. Crain
                                                  Federal holidays.                                        James W. Faber                                        David D. Bond
                                                  SUPPLEMENTARY INFORMATION:                               Joseph F. Giacometto                                  Nicholas J. Carbone
                                                                                                           Elmer G. Godwin, Jr.                                  Harold C. Darden
                                                  Background                                               Randall L. Hall                                       Douglas J. Davis
                                                    Under 49 U.S.C. 31136(e) and 31315,                    Alexander D. Harry                                    Whitney R. Everhart
                                                  FMCSA may grant an exemption from                        Clyde M. Lange III                                    Craig T. Gerroll
                                                  the Federal vision standard for a                        Aveland E. Munroe                                     Darren E. Giles


                                             VerDate Sep<11>2014   18:52 Jul 14, 2015   Jkt 235001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\15JYN1.SGM   15JYN1


                                                                               Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices                                                  41559

                                                  Sukmindier S. Grewal                                     this provides the public notice that by                 • Web site: http://
                                                  Derek Griffin                                            a document dated April 14, 2015, the                  www.regulations.gov. Follow the online
                                                  Bobby L. Hunter                                          American Short Line and Regional                      instructions for submitting comments.
                                                  Dennis Johnson                                           Railroad Association (ASLRRA)—on                        • Fax: 202–493–2251.
                                                  Dennis D. Kahle                                          behalf of Baltimore Industrial Railroad,                • Mail: Docket Operations Facility,
                                                  Enoc D. Lopez                                            Cloquet Terminal Railroad Company,                    U.S. Department of Transportation, 1200
                                                  Michael D. Minchew                                       Incorporated, and East Erie Commercial                New Jersey Avenue SE., W12–140,
                                                  Armont S. Nash                                           Railroad—petitioned the Federal                       Washington, DC 20590.
                                                  Osvaldo Negron                                           Railroad Administration (FRA) for an                    • Hand Delivery: 1200 New Jersey
                                                  Charles E. Rhodes                                        amended waiver of compliance from                     Avenue SE., Room W12–140,
                                                  Michael C. Schaffer Jr.                                  certain provisions of the Federal hours               Washington, DC 20590, between 9 a.m.
                                                  Brian D. Sharp                                           of service laws contained at 49 U.S.C.                and 5 p.m., Monday through Friday,
                                                  Yancy D. Stone                                                                                                 except Federal Holidays.
                                                                                                           21103(a)(4), which, in part, require a
                                                  Charles R. Wulf                                                                                                  Communications received by August
                                                                                                           train employee to receive 48 hours off
                                                     The following 24 applicants were                      duty after initiating an on-duty period               31, 2015 will be considered by FRA
                                                  denied because they will not be driving                  for 6 consecutive days. FRA assigned                  before final action is taken. Comments
                                                  interstate, interstate commerce, or are                  the petition Docket Number FRA–2009–                  received after that date will be
                                                  not required to carry a DOT medical                      0078.                                                 considered as far as practicable.
                                                  card:                                                       In its petition, ASLRRA seeks to                     Anyone is able to search the
                                                  Scott W. Andreason                                       amend its existing waiver to add the                  electronic form of any written
                                                  Michael J. Benedict                                      three railroads referenced above, which               communications and comments
                                                  Ronald R. Campbell                                       did not participate in ASLRRA’s prior                 received into any of our dockets by the
                                                  Richard A. Cornejo                                       waiver petition. FRA granted ASLRRA’s                 name of the individual submitting the
                                                  Willie J. Evans Jr.                                      petition for a waiver extension in a                  comment (or signing the document, if
                                                  Domenic L. Germano                                       letter dated February 27, 2012. The                   submitted on behalf of an association,
                                                  Robert L. Hodge                                                                                                business, labor union, etc.). In
                                                                                                           waiver allows a train employee to
                                                  John L. Johnson                                                                                                accordance with 5 U.S.C. 553(c), DOT
                                                  Sr.                                                      initiate an on-duty period each day for
                                                                                                           6 consecutive days followed by 24                     solicits comments from the public to
                                                  Raymond Long                                                                                                   better inform its processes. DOT posts
                                                  Evaristo Z. Martinez                                     hours, rather than 48 hours, off duty.
                                                                                                                                                                 these comments, without edit, including
                                                  James C. Mcnee                                              Each railroad that seeks to be added
                                                                                                                                                                 any personal information the
                                                  Jere L. Messersmith                                      to the waiver executed a compliance
                                                                                                                                                                 commenter provides, to
                                                  Michael D. Meyer                                         letter, attesting that it complies with all
                                                                                                                                                                 www.regulations.gov, as described in
                                                  Jeffrey R. Miller                                        of the employee consent requirements
                                                                                                                                                                 the system of records notice (DOT/ALL–
                                                  Anna M. Miller                                           that FRA set forth in its initial decision
                                                                                                                                                                 14 FDMS), which can be reviewed at
                                                  George S. Moore                                          letter, dated March 5, 2010.
                                                                                                                                                                 www.dot.gov/privacy. See also http://
                                                  Steven J. Mulligan                                       Additionally, each railroad will
                                                                                                                                                                 www.regulations.gov/#!privacyNotice
                                                  Robert Noonan                                            maintain the underlying employee
                                                                                                                                                                 for the privacy notice of regulations.gov.
                                                  Myron E. Olson                                           consent or employee representative
                                                  Jerry W. Rufsvold                                        consent documents in its files for FRA                  Issued in Washington, DC on July 10, 2015.
                                                  Elmer F. Silcott                                         inspection.                                           Ron Hynes,
                                                  Thomas E. Smith                                             A copy of the petition, as well as any             Director, Office of Technical Oversight.
                                                  Anthony E. Smith                                         written communications concerning the                 [FR Doc. 2015–17341 Filed 7–14–15; 8:45 am]
                                                  Manuel Ulloa-Mendez                                      petition, is available for review online at           BILLING CODE 4910–06–P
                                                     Finally, the following five applicants                www.regulations.gov and in person at
                                                  perform transportation for the federal                   the U.S. Department of Transportation’s
                                                  government, state, or any political sub-                 Docket Operations Facility, 1200 New                  DEPARTMENT OF THE TREASURY
                                                  division of the state.                                   Jersey Ave. SE., W12–140, Washington,
                                                  Michael W. Henderson                                     DC 20590. The Docket Operations                       Bureau of the Fiscal Service
                                                  Nicholas J. Marchesani                                   Facility is open from 9 a.m. to 5 p.m.,
                                                  Christopher M. Pannelli                                  Monday through Friday, except Federal                 Proposed Collection of Information:
                                                  Anthony J. Santi                                         Holidays.                                             Application for Disposition of
                                                  Todd W. Woronik                                             Interested parties are invited to                  Retirement Plan and/or Individual
                                                                                                           participate in these proceedings by                   Retirement Bonds Without
                                                    Issued on: July 7, 2015.
                                                                                                           submitting written views, data, or                    Administration of Deceased Owner’s
                                                  Larry W. Minor,                                                                                                Estate
                                                  Associate Administrator for Policy.
                                                                                                           comments. FRA does not anticipate
                                                                                                           scheduling a public hearing in                              Notice and request for
                                                                                                                                                                 ACTION:
                                                  [FR Doc. 2015–17329 Filed 7–14–15; 8:45 am]
                                                                                                           connection with these proceedings since               comments.
                                                  BILLING CODE 4910–EX–P
                                                                                                           the facts do not appear to warrant a
                                                                                                           hearing. If any interested party desires              SUMMARY:   The Department of the
                                                  DEPARTMENT OF TRANSPORTATION                             an opportunity for oral comment, they                 Treasury, as part of its continuing effort
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           should notify FRA, in writing, before                 to reduce paperwork and respondent
                                                  Federal Railroad Administration                          the end of the comment period and                     burden, invites the general public and
                                                                                                           specify the basis for their request.                  other Federal agencies to take this
                                                  [Docket Number FRA–2009–0078]                               All communications concerning these                opportunity to comment on a proposed
                                                  Petition for Waiver of Compliance                        proceedings should identify the                       and/or continuing information
                                                                                                           appropriate docket number and may be                  collection, as required by the Paperwork
                                                    In accordance with Part 211 of Title                   submitted by any of the following                     Reduction Act of 1995, Public Law 104–
                                                  49 Code of Federal Regulations (CFR),                    methods:                                              13 (44 U.S.C. 3506(c)(2)(A). Currently


                                             VerDate Sep<11>2014   18:52 Jul 14, 2015   Jkt 235001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\15JYN1.SGM   15JYN1



Document Created: 2015-12-15 13:32:53
Document Modified: 2015-12-15 13:32:53
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 41558 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR