81_FR_1995 81 FR 1986 - Qualification of Drivers; Exemption Applications; Vision

81 FR 1986 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 9 (January 14, 2016)

Page Range1986-1987
FR Document2016-00657

FMCSA announces its denial of 100 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 81 Issue 9 (Thursday, January 14, 2016)
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1986-1987]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00657]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0346]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its denial of 100 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 100 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 14 applicants had no experience operating a CMV:

Charles A. Bell
William R. J. Brown
Reginald Davis, Jr.
Ian S. Gunning
Lionel J. Kelley Jr.
Nina Y. Lenthe
Armando Moronez, Jr.
Daryl S. Payton
Michael Picklesimer
Andre A. Taft
Mark O. Teeter
Caitlin Teves
William D. Wright
Laura L. Zomlot

    The following 24 applicants did not have 3 years of experience 
driving a CMV on public highways with their vision deficiencies:


[[Page 1987]]


Shawn T. Cobbs
Glen D. Crawford
David Dibb
Armando Duval Sr.
Jamie A. Edson
Roger Ferry
Robert C. Findley
Jose A. Flores
Karl D. Graves
William A. Lamkie
Runger H. Langston
Bradley W. Lovelace
Tyrone Marrs
Edmund R. Morrison, IV
Alan L. Ofstad
John N. Pozworski
Stanley Reed
Tyrone M. Reese
Phillip A. Reilly
Walter A. Robidoux
Rodger L. Shaver
Monty W. Torrance
Scott A. Van Zandt
Neil D. Wangsness

    The following 10 applicants did not have three years of recent 
experience driving a CMV with the vision deficiency:

Jason L. Cash
Stanley L. Gordon
John A. Gwinn
Terry L. Haggerty
Ryan A. Hale
Trish A. Melvin
Michele L. Mickelson
Daniel G. Vaughan
Ornando K. Welsey
Leonard F. Wood

    The following 3 applicants did not have sufficient driving 
experience during the past three years under normal highway operating 
conditions:

Michael E. Jones
Robert C. Lemke
Eric R. Padgett

    The following applicant, Mark L. Julin, was charged with a moving 
violation(s) in conjunction with a CMV accident(s).
    The following applicant, Randall K. Robertson, does not have 
sufficient peripheral vision in the better eye to qualify for an 
exemption.
    The following 6 applicants had their commercial driver's licenses 
suspended during the previous 3-year period:

Charles E. Calhoun
Darrin G. Coffee
Jason Lennon
Mark Matthews
Christopher W. Moore
Carlton Yuille

    The following applicant, Kenton D. McCullough, contributed to an 
accident(s) while operating a CMV.
    The following 11 applicants were denied for multiple reasons:

Keith J. Berger
Matthew R. Carricaburu
Bill Castillo
Randal A. Ferguson
Scott A. Hambleton
Melvin Nelson
Luis R. Olivas
Benajmin M. Pirner
Russell T. Snorek
Blake E. Spires
Gerard R. Talbot

    The following 2 applicants did not have stable vision for the 
entire three-year period:

Trent C. McCain
William D. Wallace

    The following applicant, Jakob Dueck, is a Canadian citizen.
    The following 2 applicants do not meet the vision standard in the 
better eye:

Michael S. Watson
WM C. White, Jr.

    The following 8 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

Paul Blanford
Joel C. Conrad
Dillon R. Dupont
Christopher S. Fant
Michael J. Hinkle
Byron C. Pratt
John E. Reiter
Jerry L. Vandervegt

    The following 14 applicants were denied because they will not be 
driving interstate, interstate commerce, or are not required to carry a 
DOT medical card:

Gary Bridgewater, Jr.
Robert W. Dunn
Lawrence S. Frick
William D. Hauser
Jesus Hernandez, Jr.
Steven E. Herrick
Gina M. Kiser
Travis McCoy
Roy R. Owens
William D. Robinson
Luis Romero
Jonathan A. Slatten
Raymond Stonaker
Tammy S. Whitford

    Finally, the following 2 applicants perform transportation for the 
federal government, state, or any political sub-division of the state.

Scott A. Lamb
Richard M. Marti

    Issued on: January 6, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-00657 Filed 1-13-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  1986                          Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices

                                                    (2) Convert under-construction bus                    Rivers Act [16 U.S.C. 1271–1287];                      concluded that granting these
                                                  lanes to managed toll lanes from NC 27                  Emergency Wetlands Resources Act [16                   exemptions does not provide a level of
                                                  (Albemarle Road) to Wallace Lane.                       U.S.C. 3921, 3931]; TEA–21 Wetlands                    safety that will be equivalent to, or
                                                    (3) Designation of the managed toll                   Mitigation [23 U.S.C. 103(b)(6)(m),                    greater than, the level of safety
                                                  lanes as HOT 3+.                                        133(b)(11)]; Flood Disaster Protection                 maintained without the exemptions for
                                                    Additional information can be found                   Act [42 U.S.C. 4001–4128].                             these commercial motor vehicle (CMV)
                                                  on the project Web site: http://www.                      7. Hazardous Materials:                              drivers.
                                                  ncdot.gov/projects/U-5526.                              Comprehensive Environmental                            FOR FURTHER INFORMATION CONTACT:
                                                    The actions by the Federal agencies,                  Response, Compensation, and Liability                  Charles A. Horan, III, Director, Carrier,
                                                  and the laws under which such actions                   Act (CERCLA) [42 U.S.C. 9601–9675];                    Driver and Vehicle Safety Standards,
                                                  were taken, are described in the                        Superfund Amendments and                               (202) 366–4001, fmcsamedical@dot.gov,
                                                  Categorical Exclusion (CE) for the                      Reauthorization Act of 1986 (SARA);                    FMCSA, Department of Transportation,
                                                  project, approved on August 21, 2015,                   Resource Conservation and Recovery                     1200 New Jersey Avenue SE., Room
                                                  and in other documents in the FHWA                      Act (RCRA) [42 U.S.C. 6901–6992(k)].                   W64–224, Washington, DC 20590–0001.
                                                  administrative record. The CE and other                   8. Executive Orders: E.O. 11990                      Office hours are from 8:30 a.m. to 5
                                                  documents in the FHWA administrative                    Protection of Wetlands; E.O. 11988                     p.m., Monday through Friday, except
                                                  record file are available by contacting                 Floodplain Management; E.O. 12898,                     Federal holidays.
                                                  the FHWA or NCDOT at the addresses                      Federal Actions to Address
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  provided above.                                         Environmental Justice in Minority
                                                    This notice applies to all Federal                    Populations and Low Income                             Background
                                                  agency decisions as of the issuance date                Populations; E.O. 11593 Protection and                   Under 49 U.S.C. 31136(e) and 31315,
                                                  of this notice and all laws under which                 Enhancement of Cultural Resources;                     FMCSA may grant an exemption from
                                                  such actions were taken, including but                  E.O. 13007 Indian Sacred Sites; E.O.                   the Federal vision standard for a
                                                  not limited to:                                         13287 Preserve America; E.O. 13175
                                                    1. General: National Environmental                                                                           renewable 2-year period if it finds ‘‘such
                                                                                                          Consultation and Coordination with                     an exemption would likely achieve a
                                                  Policy Act (NEPA) [42 U.S.C. 4321–                      Indian Tribal Governments; E.O. 11514
                                                  4351]; Federal-Aid Highway Act [23                                                                             level of safety that is equivalent to or
                                                                                                          Protection and Enhancement of                          greater than the level that would be
                                                  U.S.C. 109].                                            Environmental Quality; E.O. 13112
                                                    2. Air: Clean Air Act [42 U.S.C. 7401–                                                                       achieved absent such an exemption.’’
                                                                                                          Invasive Species.                                      The procedures for requesting an
                                                  7671(q)].
                                                    3. Wildlife: Endangered Species Act                   (Catalog of Federal Domestic Assistance                exemption are set forth in 49 CFR part
                                                                                                          Program Number 20.205, Highway Planning                381.
                                                  [16 U.S.C. 1531–1544 and Section                        and Construction. The regulations
                                                  1536], Marine Mammal Protection Act                                                                              Accordingly, FMCSA evaluated 100
                                                                                                          implementing Executive Order 12372
                                                  [16 U.S.C. 1361], Anadromous Fish                                                                              individual exemption requests on their
                                                                                                          regarding intergovernmental consultation on
                                                  Conservation Act [16 U.S.C. 757(a)–                     Federal programs and activities apply to this          merit and made a determination that
                                                  757(g)], Fish and Wildlife Coordination                 program.)                                              these applicants do not satisfy the
                                                  Act [16 U.S.C. 661–667(d)], Migratory                                                                          criteria eligibility or meet the terms and
                                                                                                            Authority: 23 U.S.C. 139(I)(1).
                                                  Bird Treaty Act [16 U.S.C. 703–712],                                                                           conditions of the Federal exemption
                                                                                                            Issued on: January 5, 2016.                          program. Each applicant has, prior to
                                                  Magnuson-Stevenson Fishery
                                                  Conservation and Management Act of                      Clarence W. Coleman, Jr.,                              this notice, received a letter of final
                                                  1976, as amended [16 U.S.C. 1801 et                     Preconstruction and Environment Director,              disposition on the exemption request.
                                                                                                          Federal Highway Administration, Raleigh,               Those decision letters fully outlined the
                                                  seq.].
                                                                                                          North Carolina.                                        basis for the denial and constitute final
                                                    4. Historic and Cultural Resources:
                                                  Section 106 of the National Historic                    [FR Doc. 2016–00497 Filed 1–13–16; 8:45 am]            Agency action. The list published in
                                                  Preservation Act of 1966, as amended                    BILLING CODE 4910–RY–P                                 this notice summarizes the Agency’s
                                                  [16 U.S.C. 470(f) et seq.]; Archeological                                                                      recent denials as required under 49
                                                  Resources Protection Act of 1977 [16                                                                           U.S.C. 31315(b)(4) by periodically
                                                  U.S.C. 470(aa)–11]; Archeological and                   DEPARTMENT OF TRANSPORTATION                           publishing names and reasons for
                                                  Historic Preservation Act [16 U.S.C.                                                                           denial.
                                                                                                          Federal Motor Carrier Safety
                                                  469–469(c)]; Native American Grave                                                                               The following 14 applicants had no
                                                                                                          Administration
                                                  Protection and Repatriation Act                                                                                experience operating a CMV:
                                                  (NAGPRA) [25 U.S.C. 3001–3013].                         [Docket No. FMCSA–2015–0346]                           Charles A. Bell
                                                    5. Social and Economic: Civil Rights                                                                         William R. J. Brown
                                                  Act of 1964 [42 U.S.C. 2000(d)–                         Qualification of Drivers; Exemption                    Reginald Davis, Jr.
                                                  2000(d)(1)]; American Indian Religious                  Applications; Vision                                   Ian S. Gunning
                                                  Freedom Act [42 U.S.C. 1996]; Farmland                  AGENCY: Federal Motor Carrier Safety                   Lionel J. Kelley Jr.
                                                  Protection Policy Act (FPPA) [7 U.S.C.                  Administration (FMCSA), DOT.                           Nina Y. Lenthe
                                                  4201–4209].                                             ACTION: Notice of denials.
                                                                                                                                                                 Armando Moronez, Jr.
                                                    6. Wetlands and Water Resources:                                                                             Daryl S. Payton
                                                  Clean Water Act [33 U.S.C. 1251–1377                    SUMMARY:    FMCSA announces its denial                 Michael Picklesimer
                                                  (Section 404, Section 401, Section 319)];               of 100 applications from individuals                   Andre A. Taft
                                                                                                                                                                 Mark O. Teeter
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                                                  Coastal Barrier Resources Act [16 U.S.C.                who requested an exemption from the
                                                  3501–3510]; Coastal Zone Management                     Federal vision standard applicable to                  Caitlin Teves
                                                  Act [16 U.S.C. 1451–1465]; Land and                     interstate truck and bus drivers and the               William D. Wright
                                                  Water Conservation Fund (LWCF) [16                      reasons for the denials. FMCSA has                     Laura L. Zomlot
                                                  U.S.C. 4601–4604]; Safe Drinking Water                  statutory authority to exempt                            The following 24 applicants did not
                                                  Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)];                individuals from the vision requirement                have 3 years of experience driving a
                                                  Rivers and Harbors Act of 1899 [33                      if the exemptions granted will not                     CMV on public highways with their
                                                  U.S.C. 401–406]; Wild and Scenic                        compromise safety. The Agency has                      vision deficiencies:


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                                                                                Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices                                          1987

                                                  Shawn T. Cobbs                                          Keith J. Berger                                        DEPARTMENT OF TRANSPORTATION
                                                  Glen D. Crawford                                        Matthew R. Carricaburu
                                                  David Dibb                                              Bill Castillo                                          Federal Motor Carrier Safety
                                                  Armando Duval Sr.                                       Randal A. Ferguson                                     Administration
                                                  Jamie A. Edson                                          Scott A. Hambleton                                     [Docket No. FMCSA–2015–0341]
                                                  Roger Ferry                                             Melvin Nelson
                                                  Robert C. Findley                                       Luis R. Olivas                                         Qualification of Drivers; Exemption
                                                  Jose A. Flores                                          Benajmin M. Pirner                                     Applications; Diabetes Mellitus
                                                  Karl D. Graves                                          Russell T. Snorek
                                                  William A. Lamkie                                       Blake E. Spires                                        AGENCY: Federal Motor Carrier Safety
                                                  Runger H. Langston                                      Gerard R. Talbot                                       Administration (FMCSA).
                                                  Bradley W. Lovelace                                        The following 2 applicants did not                  ACTION: Notice of applications for
                                                  Tyrone Marrs                                            have stable vision for the entire three-               exemptions; request for comments.
                                                  Edmund R. Morrison, IV                                  year period:
                                                  Alan L. Ofstad                                                                                                 SUMMARY:   FMCSA announces receipt of
                                                                                                          Trent C. McCain                                        applications from 40 individuals for
                                                  John N. Pozworski                                       William D. Wallace
                                                  Stanley Reed                                                                                                   exemption from the prohibition against
                                                  Tyrone M. Reese                                            The following applicant, Jakob Dueck,               persons with insulin-treated diabetes
                                                  Phillip A. Reilly                                       is a Canadian citizen.                                 mellitus (ITDM) operating commercial
                                                  Walter A. Robidoux                                         The following 2 applicants do not                   motor vehicles (CMVs) in interstate
                                                  Rodger L. Shaver                                        meet the vision standard in the better                 commerce. If granted, the exemptions
                                                  Monty W. Torrance                                       eye:                                                   would enable these individuals with
                                                  Scott A. Van Zandt                                      Michael S. Watson                                      ITDM to operate CMVs in interstate
                                                  Neil D. Wangsness                                       WM C. White, Jr.                                       commerce.
                                                    The following 10 applicants did not                      The following 8 applicants met the                  DATES:  Comments must be received on
                                                  have three years of recent experience                   current federal vision standards.                      or before February 16, 2016.
                                                  driving a CMV with the vision                           Exemptions are not required for
                                                                                                                                                                 ADDRESSES: You may submit comments
                                                  deficiency:                                             applicants who meet the current
                                                                                                                                                                 bearing the Federal Docket Management
                                                  Jason L. Cash                                           regulations for vision:
                                                                                                                                                                 System (FDMS) Docket No. FMCSA–
                                                  Stanley L. Gordon                                       Paul Blanford                                          2015–0341 using any of the following
                                                  John A. Gwinn                                           Joel C. Conrad                                         methods:
                                                  Terry L. Haggerty                                       Dillon R. Dupont                                         • Federal eRulemaking Portal: Go to
                                                  Ryan A. Hale                                            Christopher S. Fant                                    http://www.regulations.gov. Follow the
                                                  Trish A. Melvin                                         Michael J. Hinkle                                      on-line instructions for submitting
                                                  Michele L. Mickelson                                    Byron C. Pratt                                         comments.
                                                  Daniel G. Vaughan                                       John E. Reiter                                           • Mail: Docket Management Facility;
                                                  Ornando K. Welsey                                       Jerry L. Vandervegt                                    U.S. Department of Transportation, 1200
                                                  Leonard F. Wood                                            The following 14 applicants were                    New Jersey Avenue SE., West Building
                                                    The following 3 applicants did not                    denied because they will not be driving                Ground Floor, Room W12–140,
                                                  have sufficient driving experience                      interstate, interstate commerce, or are                Washington, DC 20590–0001.
                                                  during the past three years under                       not required to carry a DOT medical                      • Hand Delivery: West Building
                                                  normal highway operating conditions:                    card:                                                  Ground Floor, Room W12–140, 1200
                                                  Michael E. Jones                                        Gary Bridgewater, Jr.                                  New Jersey Avenue SE., Washington,
                                                  Robert C. Lemke                                         Robert W. Dunn                                         DC, between 9 a.m. and 5 p.m., Monday
                                                  Eric R. Padgett                                         Lawrence S. Frick                                      through Friday, except Federal
                                                                                                          William D. Hauser                                      Holidays.
                                                    The following applicant, Mark L.                      Jesus Hernandez, Jr.                                     • Fax: 1–202–493–2251.
                                                  Julin, was charged with a moving                        Steven E. Herrick                                        Instructions: Each submission must
                                                  violation(s) in conjunction with a CMV                  Gina M. Kiser                                          include the Agency name and the
                                                  accident(s).                                            Travis McCoy                                           docket numbers for this notice. Note
                                                    The following applicant, Randall K.                   Roy R. Owens                                           that all comments received will be
                                                  Robertson, does not have sufficient                     William D. Robinson                                    posted without change to http://
                                                  peripheral vision in the better eye to                  Luis Romero                                            www.regulations.gov, including any
                                                  qualify for an exemption.                               Jonathan A. Slatten                                    personal information provided. Please
                                                    The following 6 applicants had their                  Raymond Stonaker                                       see the Privacy Act heading below for
                                                  commercial driver’s licenses suspended                  Tammy S. Whitford                                      further information.
                                                  during the previous 3-year period:                                                                               Docket: For access to the docket to
                                                                                                             Finally, the following 2 applicants
                                                  Charles E. Calhoun                                      perform transportation for the federal                 read background documents or
                                                  Darrin G. Coffee                                        government, state, or any political sub-               comments, go to http://
                                                  Jason Lennon                                            division of the state.                                 www.regulations.gov at any time or
                                                  Mark Matthews
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Scott A. Lamb                                          Room W12–140 on the ground level of
                                                  Christopher W. Moore                                                                                           the West Building, 1200 New Jersey
                                                                                                          Richard M. Marti
                                                  Carlton Yuille                                                                                                 Avenue SE., Washington, DC, between 9
                                                    The following applicant, Kenton D.                      Issued on: January 6, 2016.                          a.m. and 5 p.m., Monday through
                                                  McCullough, contributed to an                           Larry W. Minor,                                        Friday, except Federal holidays. The
                                                  accident(s) while operating a CMV.                      Associate Administrator for Policy.                    Federal Docket Management System
                                                    The following 11 applicants were                      [FR Doc. 2016–00657 Filed 1–13–16; 8:45 am]            (FDMS) is available 24 hours each day,
                                                  denied for multiple reasons:                            BILLING CODE 4910–EX–P                                 365 days each year. If you want


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Document Created: 2016-01-14 02:50:53
Document Modified: 2016-01-14 02:50:53
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 Citation81 FR 1986 

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