81_FR_24249 81 FR 24170 - Qualification of Drivers; Exemption Applications; Vision

81 FR 24170 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24170-24171
FR Document2016-09529

FMCSA announces its denial of 137 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 79 (Monday, April 25, 2016) 
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24170-24171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09529]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0026]


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 137 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: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
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 137 individual exemption requests on 
their

[[Page 24171]]

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 4 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions: Bradlee J. Durham, Nolan B. Dykema, Jerry M. Elsberry, Jr., 
James A. Pugh.
    The following 23 applicants had no experience operating a CMV: 
Jeret D. Akers, Jose G. Alvarez, Cristian D. Berlingeri, Larry G. 
Buchanan, Enedino A. Burgos, Michael E. Carter, Shernard Cook, Benjamin 
J. Curtis, Larry L. Davis, Jr., Jesse J. DeRico, Brent I. Gruszka, 
Andrei I. Gusakov, Damian Klyza, Miriam Laing, Patrick N. Lancaster, 
Daniel F. Large, Curtis G. Myrah, Omar Orozco, Moises A. Portillo, 
Samuel C. Rodriguez, Mark J. Smithson, William B. Stiles, Sr., Michael 
H. Taylor.
    The following 22 applicants did not have 3 years of experience 
driving a CMV on public highways with their vision deficiencies: Osman 
M. Adanalic, Christopher L. Bolding, William H. Conley, Fernando 
Cuevas, Fred L. Curtis, Kurt D. Davis, Adriano De Vargas, Alex J. 
Demaree, Dennis C. Durstine, Howard G. Edgar, Hamid Ferdowsi, Eric S. 
Hill, Wayde J. Isbell, Lloyd H. Kiihn, Earl B. Moffatt, Bryan S. Moses, 
Ronald R. Regier, John A. Ruggiero, Timothy P. Ryan, Charles E. 
Schrecengost, Barney R. Stephens, Larry L. Stewart.
    The following 16 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency: John F. Armstrong, 
Gerald L. Barber, Daniel J. Council, Helmut Danecker, Anthony R. 
Dirjan, David N. Groves, Antonio A. Jackson, Herman R. Lee, Jr., Robert 
C. Mason, Wayne C. Merry, Sherard L. Orange, Daniel D. Sandoval, Edward 
V. Skowronski, Colby T. Smith, Kenneth L. Sutphin, Bryan H. Walker.
    The following 12 applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions: Joshua L. Arnold, Kevin D. Duffy, Thomas M. Hallwig, 
Gabriel L. Harrison, Richard K. Hemmingsen, Gerardo Hernandez, Raul T. 
Leiva, Nathan M. Magaard, Mark Paugh, Gregory M. Quilling, Chad M. 
Smith, Jeffrey L. Tanner.
    The following 2 applicants had their commercial driver's licenses 
suspended during the previous 3-year period: Michael J. Achille, 
Tydrick D. Brooks.
    The following 3 applicants contributed to an accident(s) while 
operating a CMV: Thomas R. Abbott, Timothy L. Bauman, Randy J. Miller.
    The following applicant, Thomas D. Jacobsen, did not hold a license 
which allowed operation of vehicles over 26,000 lbs. for all or part of 
the previous 3-year period.
    The following applicant, Toby L. Simmons, did not have an 
optometrist or ophthalmologist willing to make a statement that they 
are able to operate a commercial vehicle from a vision standpoint.
    The following 9 applicants were denied for multiple reasons: Joseph 
D. Allen, Dennis M. Coley, Timothy W. Detweiler, Hector O. Flores, 
Jonathan M. Gilligan, David P. Mello, Edward R. Slater, Hawthorne B. 
Smith, Thomas D. Walsh.
    The following applicant, Christopher D. Boyd, did not have stable 
vision for the entire 3-year period.
    The following 13 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision: Hani Abiyounes, Kendall K. Chandler, 
Chad A. Curtis, Shorty Ellis, Karl D. Graves, Carl Groves, Alexander J. 
Hartelust, Lark M. Hartsock, James E. Jordon, Dorvin R. Neuberger, 
Peter J. Niedzwiecki, Raimer A. Paredes-Escano, Timothy T. Tyree.
    The following 3 applicants drove interstate while restricted to 
intrastate: Adrienne J. Allen, James L. Jones, Troy A. Stephens.
    The following 19 applicants will not be driving interstate, 
interstate commerce, or are not required to carry a DOT medical card: 
Gary W. Brockway, Fredrick Brown, Richard C. Brust, Joseph L. Cohea, 
Robert L. Damron, James E. Donaldson, Richard Duran, Freddie M. 
Henderson, Brian D. Hoover, Ron E. Hullett, Walter J. Jurczak, Keith 
Kebschull, Charles J. Kruggel, Lois J. Mahar, Dustin M. Mills, Wilbur 
Robinson, Jr., Robert G. Schoenborn, Phillip J. Will, James L. Yingst.
    Finally, the following 8 applicants perform transportation for the 
federal government, state, or any political sub-division of the state. 
Randy L. Coney, Rodriquez D. Evans, Jose A. Flores, Ira D. Manuelito, 
Steven C. Myers, Leif H. Stensrud, Joshua E. Weicht, Aaron E. Zelmer.

    Issued on: April 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-09529 Filed 4-22-16; 8:45 am]
 BILLING CODE 4910-EX-P

24170 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices control of her diabetes using insulin, by the September 3, 2003 notice. the search box insert the docket number and is able to drive a CMV safely. Ms. FMCSA discontinued use of the 3-year FMCSA–2016–0036 and click ‘‘Search.’’ Williams meets the requirements of the driving experience and fulfilled the Next, click ‘‘Open Docket Folder’’ and vision standard at 49 CFR 391.41(b)(10). requirements of section 4129 while you will find all documents and Her optometrist examined her in 2016 continuing to ensure that operation of comments related to this notice. and certified that she does not have CMVs by drivers with ITDM will Issued on: April 18, 2016. diabetic retinopathy. She holds a Class achieve the requisite level of safety Larry W. Minor, B CDL from New Jersey. required of all exemptions granted Associate Administrator for Policy. under 49 U.S.C. 31136(e). James R. Wolf Section 4129(d) also directed FMCSA [FR Doc. 2016–09502 Filed 4–22–16; 8:45 am] Mr. Wolf, 71, has had ITDM since to ensure that drivers of CMVs with BILLING CODE 4910–EX–P 2014. His endocrinologist examined him ITDM are not held to a higher standard in 2015 and certified that he has had no than other drivers, with the exception of severe hypoglycemic reactions resulting limited operating, monitoring and DEPARTMENT OF TRANSPORTATION in loss of consciousness, requiring the medical requirements that are deemed assistance of another person, or Federal Motor Carrier Safety medically necessary. resulting in impaired cognitive function The FMCSA concluded that all of the Administration that occurred without warning in the operating, monitoring and medical [Docket No. FMCSA–2016–0026] past 12 months and no recurrent (2 or requirements set out in the September 3, more) severe hypoglycemic episodes in 2003 notice, except as modified, were in Qualification of Drivers; Exemption the last 5 years. His endocrinologist compliance with section 4129(d). Applications; Vision certifies that Mr. Wolf understands Therefore, all of the requirements set AGENCY: Federal Motor Carrier Safety diabetes management and monitoring, out in the September 3, 2003 notice, Administration (FMCSA), DOT. has stable control of his diabetes using except as modified by the notice in the insulin, and is able to drive a CMV ACTION: Notice of denials. Federal Register on November 8, 2005 safely. Mr. Wolf meets the requirements (70 FR 67777), remain in effect. SUMMARY: FMCSA announces its denial of the vision standard at 49 CFR of 137 applications from individuals 391.41(b)(10). His optometrist examined IV. Submitting Comments who requested an exemption from the him in 2015 and certified that he does You may submit your comments and Federal vision standard applicable to not have diabetic retinopathy. He holds material online or by fax, mail, or hand interstate truck and bus drivers and the a Class A CDL from Pennsylvania. delivery, but please use only one of reasons for the denials. FMCSA has these means. FMCSA recommends that III. Request for Comments statutory authority to exempt you include your name and a mailing In accordance with 49 U.S.C. 31136(e) individuals from the vision requirement address, an email address, or a phone and 31315, FMCSA requests public if the exemptions granted will not number in the body of your document comment from all interested persons on compromise safety. The Agency has so that FMCSA can contact you if there the exemption petitions described in concluded that granting these are questions regarding your this notice. We will consider all exemptions does not provide a level of submission. comments received before the close of safety that will be equivalent to, or To submit your comment online, go to business on the closing date indicated greater than, the level of safety http://www.regulations.gov and in the in the date section of the notice. maintained without the exemptions for search box insert the docket number FMCSA notes that section 4129 of the these commercial motor vehicle (CMV) FMCSA–2016–0036 and click the search Safe, Accountable, Flexible and drivers. button. When the new screen appears, Efficient Transportation Equity Act: A click on the blue ‘‘Comment Now!’’ FOR FURTHER INFORMATION CONTACT: Legacy for Users requires the Secretary button on the right hand side of the Christine A. Hydock, Chief, Medical to revise its diabetes exemption program page. On the new page, enter Programs Division, (202) 366–4001, established on September 3, 2003 (68 FR information required including the fmcsamedical@dot.gov, FMCSA, 52441).1 The revision must provide for specific section of this document to Department of Transportation, 1200 individual assessment of drivers with which each comment applies, and New Jersey Avenue SE., Room W64– diabetes mellitus, and be consistent provide a reason for each suggestion or 113, Washington, DC 20590–0001. with the criteria described in section recommendation. If you submit your Office hours are 8:30 a.m. to 5 p.m., e.t., 4018 of the Transportation Equity Act comments by mail or hand delivery, Monday through Friday, except Federal for the 21st Century (49 U.S.C. 31305). submit them in an unbound format, no holidays. Section 4129 requires: (1) Elimination larger than 81⁄2 by 11 inches, suitable for SUPPLEMENTARY INFORMATION: of the requirement for 3 years of copying and electronic filing. If you experience operating CMVs while being Background submit comments by mail and would treated with insulin; and (2) like to know that they reached the Under 49 U.S.C. 31136(e) and 31315, establishment of a specified minimum facility, please enclose a stamped, self- FMCSA may grant an exemption from period of insulin use to demonstrate addressed postcard or envelope. the Federal vision standard for a stable control of diabetes before being We will consider all comments and renewable 2-year period if it finds ‘‘such allowed to operate a CMV. an exemption would likely achieve a asabaliauskas on DSK3SPTVN1PROD with NOTICES material received during the comment In response to section 4129, FMCSA period. FMCSA may issue a final level of safety that is equivalent to or made immediate revisions to the determination at any time after the close greater than the level that would be diabetes exemption program established of the comment period. achieved absent such an exemption.’’ The procedures for requesting an 1 Section 4129(a) refers to the 2003 notice as a V. Viewing Comments and Documents exemption are set forth in 49 CFR part ‘‘final rule.’’ However, the 2003 notice did not issue a ‘‘final rule’’ but did establish the procedures and To view comments, as well as any 381. standards for issuing exemptions for drivers with documents mentioned in this preamble, Accordingly, FMCSA evaluated 137 ITDM. go to http://www.regulations.gov and in individual exemption requests on their VerDate Sep<11>2014 19:02 Apr 22, 2016 Jkt 238001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices 24171 merit and made a determination that Paugh, Gregory M. Quilling, Chad M. Issued on: April 18, 2016. these applicants do not satisfy the Smith, Jeffrey L. Tanner. Larry W. Minor, criteria eligibility or meet the terms and The following 2 applicants had their Associate Administrator for Policy. conditions of the Federal exemption commercial driver’s licenses suspended [FR Doc. 2016–09529 Filed 4–22–16; 8:45 am] program. Each applicant has, prior to during the previous 3-year period: BILLING CODE 4910–EX–P this notice, received a letter of final Michael J. Achille, Tydrick D. Brooks. disposition on the exemption request. The following 3 applicants Those decision letters fully outlined the contributed to an accident(s) while DEPARTMENT OF TRANSPORTATION basis for the denial and constitute final operating a CMV: Thomas R. Abbott, Agency action. The list published in Timothy L. Bauman, Randy J. Miller. Federal Railroad Administration this notice summarizes the Agency’s The following applicant, Thomas D. [Docket Number FRA–2015–0019] recent denials as required under 49 Jacobsen, did not hold a license which U.S.C. 31315(b)(4) by periodically Petition for Waiver of Compliance allowed operation of vehicles over publishing names and reasons for 26,000 lbs. for all or part of the previous In accordance with part 211 of Title denial. The following 4 applicants did not 3-year period. 49 Code of Federal Regulations (CFR), have sufficient driving experience over The following applicant, Toby L. this document provides the public the past 3 years under normal highway Simmons, did not have an optometrist notice that by a document dated operating conditions: Bradlee J. or ophthalmologist willing to make a February 11, 2016, Norfolk Southern Durham, Nolan B. Dykema, Jerry M. statement that they are able to operate Railway (NS) requested that the Federal Elsberry, Jr., James A. Pugh. a commercial vehicle from a vision Railroad Administration (FRA) Railroad The following 23 applicants had no standpoint. Safety Board (Board) approve an experience operating a CMV: Jeret D. The following 9 applicants were amendment to its existing waiver in Akers, Jose G. Alvarez, Cristian D. denied for multiple reasons: Joseph D. order to expand the territory inspected Berlingeri, Larry G. Buchanan, Enedino Allen, Dennis M. Coley, Timothy W. pursuant to its nonstop continuous rail A. Burgos, Michael E. Carter, Shernard Detweiler, Hector O. Flores, Jonathan M. testing process. The projected starting Cook, Benjamin J. Curtis, Larry L. Davis, Gilligan, David P. Mello, Edward R. date for implementing the expansion Jr., Jesse J. DeRico, Brent I. Gruszka, Slater, Hawthorne B. Smith, Thomas D. would be March 1, 2016, and the testing Andrei I. Gusakov, Damian Klyza, Walsh. process would continue up to July 1, Miriam Laing, Patrick N. Lancaster, The following applicant, Christopher 2018. Daniel F. Large, Curtis G. Myrah, Omar D. Boyd, did not have stable vision for The original waiver grants relief from Orozco, Moises A. Portillo, Samuel C. the entire 3-year period. 49 CFR 213.113(a) and allows NS to Rodriguez, Mark J. Smithson, William B. perform a continuous rail test process The following 13 applicants met the Stiles, Sr., Michael H. Taylor. on certain designated tracks in lieu of current federal vision standards. The following 22 applicants did not the stop/start rail testing required by the Exemptions are not required for have 3 years of experience driving a regulation. NS is currently using applicants who meet the current nonstop continuous testing on the main CMV on public highways with their regulations for vision: Hani Abiyounes, vision deficiencies: Osman M. Adanalic, tracks of the Dearborn Division, Chicago Kendall K. Chandler, Chad A. Curtis, Line (Cleveland, OH, to Chicago, IL, Christopher L. Bolding, William H. Shorty Ellis, Karl D. Graves, Carl Conley, Fernando Cuevas, Fred L. Milepost (MP) CD 181.2–523.3)). Once Groves, Alexander J. Hartelust, Lark M. this district has been completed, NS Curtis, Kurt D. Davis, Adriano De Hartsock, James E. Jordon, Dorvin R. Vargas, Alex J. Demaree, Dennis C. would expand the continuous testing Neuberger, Peter J. Niedzwiecki, Raimer process to the following locations: (1) Durstine, Howard G. Edgar, Hamid A. Paredes-Escano, Timothy T. Tyree. Dearborn Division Cleveland Line Ferdowsi, Eric S. Hill, Wayde J. Isbell, Lloyd H. Kiihn, Earl B. Moffatt, Bryan The following 3 applicants drove (Ravenna to Drawbridge, MP RD 85.9– S. Moses, Ronald R. Regier, John A. interstate while restricted to intrastate: 123.2), Chicago District (Chicago, IL, to Ruggiero, Timothy P. Ryan, Charles E. Adrienne J. Allen, James L. Jones, Troy Hobart, IN, MP B 518.7–486.5), Lake Schrecengost, Barney R. Stephens, Larry A. Stephens. Erie District (Euclid to Bay Village, B L. Stewart. The following 19 applicants will not 172.0–197.3); (2) Lake Division Chicago, The following 16 applicants did not be driving interstate, interstate Fostoria, and Cleveland Districts have 3 years of recent experience commerce, or are not required to carry (Hobart, IN, to Bay Village, OH, MPB driving a CMV with the vision a DOT medical card: Gary W. Brockway, 486.5–197.3); (3) Pittsburgh Division, deficiency: John F. Armstrong, Gerald L. Fredrick Brown, Richard C. Brust, Fort Wayne Line (Pittsburgh, PA, to Barber, Daniel J. Council, Helmut Joseph L. Cohea, Robert L. Damron, Crestline, OH, MP PC 0.0–188.7), Danecker, Anthony R. Dirjan, David N. James E. Donaldson, Richard Duran, Pittsburgh Line (Pittsburgh, PA, to CP Groves, Antonio A. Jackson, Herman R. Freddie M. Henderson, Brian D. Hoover, Cannon MP, PT 353.5–119.1), Lee, Jr., Robert C. Mason, Wayne C. Ron E. Hullett, Walter J. Jurczak, Keith Conemaugh Line (CP Conpit to CP Penn Merry, Sherard L. Orange, Daniel D. Kebschull, Charles J. Kruggel, Lois J. MP LC 0.0–77.9), Lake Erie District Sandoval, Edward V. Skowronski, Colby Mahar, Dustin M. Mills, Wilbur (Euclid to Ashtabula, B 172.0–129.2), T. Smith, Kenneth L. Sutphin, Bryan H. Robinson, Jr., Robert G. Schoenborn, Cleveland Line (Ravenna to Alliance, Walker. Phillip J. Will, James L. Yingst. MP RD 85.9–67.2); and (4) Harrisburg asabaliauskas on DSK3SPTVN1PROD with NOTICES The following 12 applicants did not Finally, the following 8 applicants Division, Pittsburgh Line (Harris to CP have sufficient driving experience perform transportation for the federal Cannon, MP PT 104.9–119.1), during the past 3 years under normal government, state, or any political sub- Harrisburg Line (Falls to Harrisburg, PA, highway operating conditions: Joshua L. division of the state. Randy L. Coney, MP HP 5.2–112.9), Port Road Branch Arnold, Kevin D. Duffy, Thomas M. Rodriquez D. Evans, Jose A. Flores, Ira (Port to Banks, MP EP 33.7–76.1 and Hallwig, Gabriel L. Harrison, Richard K. D. Manuelito, Steven C. Myers, Leif H. Perryville to Port, MP PD 0.3–39.7). Hemmingsen, Gerardo Hernandez, Raul Stensrud, Joshua E. Weicht, Aaron E. The expanded inspection territories T. Leiva, Nathan M. Magaard, Mark Zelmer. include: Central Division, Cincinnati, VerDate Sep<11>2014 19:02 Apr 22, 2016 Jkt 238001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1


Document Created: 2016-04-23 01:38:31
Document Modified: 2016-04-23 01:38:31
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.
ContactChristine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation81 FR 24170 
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