81 FR 81236 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range		81236-81237
FR Document		2016-27650

FMCSA announces its denial of 84 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 222 (Thursday, November 17, 2016)

[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81236-81237]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27650]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0211]


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 84 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: Ms. 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

[[Page 81237]]

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 84 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 3 applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions:

Joseph L. Duey III (PA)
Randy C. Kephart (MN)
Cody C. Mendenhall (IL)

    The following 19 applicants had no experience operating a CMV:

Joseph W. Adkisson (CA)
Muhammad S. Chaudry (NY)
Connie M. Dessaso (VA)
Kira A. Gordon (NC)
Donald J. Jannuzzi (OR)
Justin E. Johnson (MN)
Trevor M. Kayser (IA)
Brandon P. Krippner (MN)
Angel E. Lee (VA)
James D. Longworth (TN)
Donald O. McGee (MO)
Daniel C. McLain (VA)
Steve A. Nicks (WI)
William T. Oates (OR)
George A. Rodriguez (NC)
Chad A. Sager (VA)
Roger T. Scharlack (CT)
Phillip J. Shipp (TX)
Susan B. Williams (VA)

    The following 15 applicants did not have 3 years of experience 
driving a CMV on public highways with their vision deficiencies:

Dionel Arroyo (NJ)
Herald J. Cox (IN)
William H. Darden (MS)
Matthew A. Edmonds )OH)
Roberto Flores (IL)
Jerry L. Foreman (IN)
Jerimiah C. Garon (SD)
Jason S. Gessele (ND)
Morris L. Hickman (VA)
Robert V. Lang, Jr. (MI)
Michael K. Leonhardt (NM)
Hollisa I. Richardson (IL)
Sylvester L. Richardson (IL)
Lanny R. Rumbo (OK)
Sean D. Shuemake (PA)

    The following 7 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency:

Phillip E. Bukovsky (OH)
Erick S. Cardenas (CA)
William J. Cuadra (FL)
Albert B. Lott (SC)
Jose O. Quinto (UT)
Joe L. Richey (TX)
Gary M. Stokes (AL)

    The following 5 applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions:

Tanner H. Brooks (MS)
Mervin Duplessis, Jr. (LA)
Thomas Gonzalez (PA)
Anatolio Gracia (CA)
Samuel L. Kirkpatrick (OH)

    The following 14 applicants were denied for multiple reasons:

Douglas Berry (PA)
Daniel M. Cervantes (NE)
Kevin J. Embrey (IN)
Trina L. Garcia (CA)
Eugene K. Lockwood (OH)
Caleb D. Moses (IA)
Glenn P. Nickerson (ME)
Eric E. Olson (VT)
Timothy Parramore (NC)
Jeffrey W. Pike, Jr. (MN)
Rodger S. Simmons (LA)
Steven T. Stasiak (NY)
Zachary M. Tarryk (CT)
Octavia E. Williams (MO)

    The following applicant, Kelly L. Ewing (PA), held 2 commercial 
driver's licenses simultaneously.
    The following 7 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

Michael E. Baker (VT)
William C. Christiansen (NH)
Mihail Crudu (FL)
Franklin T. Harrell, Jr. (GA)
Suzanne Morgan (FL)
Rene J. Patenuade (VT)
Leif H. Stensrud (NV)

    The following applicant, Edward A. Iverson (ND), drove interstate 
while restricted to intrastate driving.
    The following 8 applicants will not be driving interstate, in 
interstate commerce, or are not required to carry a DOT medical card:

Laurance D. Coppa (FL)
Tyler L. Gentry (OH)
Billy W. Hysmith (FL)
Randy W. Lindsey (GA)
Mark L. McHenry (PA)
Lucio Nieves (FL)
Jeremy D. Pruemer (IL)
Robert D. Schatz (PA)

    Finally, the following 4 applicants perform transportation for the 
Federal government, State, or any political subdivision of the state.

Andrew R. Clere (OH)
Robert J. Drumm (NM)
Veronica Gray (NJ)
John P. Steffens (CO)

     Issued on: November 4, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-27650 Filed 11-16-16; 8:45 am]
 BILLING CODE 4910-EX-P

81236 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

achieve a level of safety equivalent to or conditions for obtaining an exemption is effective as of February 27, 2016, and
greater than the level that would be from the rule prohibiting drivers with will expire on February 27, 2018.
achieved by complying with the current ITDM from driving CMVs in interstate In accordance with 49 U.S.C. 31315,
regulation 49 CFR 391.41(b)(3). commerce (78 FR 78479; 79 FR 13086; each exemption will be valid for two
The physical qualification standard 81 FR 1281). years from the effective date unless
for drivers regarding diabetes found in The driver was included in Docket revoked earlier by FMCSA. The
49 CFR 391.41(b)(3) states that a person No. FMCSA–2013–0192. The exemption exemption will be revoked if the
is physically qualified to drive a CMV is effective as of February 12, 2016, and following occurs: (1) The person fails to
if that person has no established will expire on February 12, 2018. comply with the terms and conditions
medical history or clinical diagnosis of As of February 22, 2016, and in of the exemption; (2) the exemption has
diabetes mellitus currently requiring accordance with 49 U.S.C. 31136(e) and resulted in a lower level of safety than
insulin for control. 31315, the following 11 individuals was maintained prior to being granted;
have satisfied the renewal conditions for or (3) continuation of the exemption
III. Discussion of Comments
obtaining an exemption from the rule would not be consistent with the goals
FMCSA received no comments in this prohibiting drivers with ITDM from and objectives of 49 U.S.C. 31136 and
preceding. driving CMVs in interstate commerce 31315.
IV. Conclusion (77 FR 533; 77 FR 10607; 81 FR 1281): Issued on: November 8, 2016.
Garry L. Camden (IN) Larry W. Minor,
Based upon its evaluation of the 36 Loren A. Cox (NY)
renewal exemption applications and Associate Administrator for Policy.
Darryl F. Gilbertson (WI)
that no comments were received, [FR Doc. 2016–27646 Filed 11–16–16; 8:45 am]
Alfred Gutierrez II (OK)
FMCSA confirms its decision to exempt Matthew D. Hulse (KS) BILLING CODE 4910–EX–P
the following drivers from the rule Neil E. Karvonen (WA)
prohibiting drivers with ITDM from Damon A. Kruger (CO)
driving CMVs in interstate commerce in DEPARTMENT OF TRANSPORTATION
Earl T. Morton, Jr. (VA)
49 CFR 391.64(3): Richard A. Norstebon (ND)
As of February 6, 2016, and in Federal Motor Carrier Safety
Donald J. Olbinski (IL) Administration
accordance with 49 U.S.C. 31136(e) and Kevin E. Risley (IN)
31315, the following 6 individuals have The drivers were included in Docket [Docket No. FMCSA–2016–0211]
satisfied the renewal conditions for No. FMCSA–2011–0367. Their
obtaining an exemption from the rule Qualification of Drivers; Exemption
exemptions are effective as of February Applications; Vision
prohibiting drivers with ITDM from 22, 2016, and will expire on February
driving CMVs in interstate commerce 22, 2018. AGENCY: Federal Motor Carrier Safety
(76 FR 79756; 77 FR 5873; 81 FR 1281): As of February 24, 2016, and in Administration (FMCSA), DOT.
Howard A. Betz (OH) accordance with 49 U.S.C. 31136(e) and ACTION: Notice of denials.
Kevin J. Coppens (ME) 31315, the following 11 individuals
Frank H. Ford, Jr. (PA) have satisfied the renewal conditions for SUMMARY: FMCSA announces its denial
Daniel R. Harris (TX) obtaining an exemption from the rule of 84 applications from individuals who
Joseph L. Owings (AL) prohibiting drivers with ITDM from requested an exemption from the
Jerry H. Small (NC) driving CMVs in interstate commerce Federal vision standard applicable to
The drivers were included in Docket (78 FR 68092; 79 FR 8182; 81 FR 1281): interstate truck and bus drivers and the
No. FMCSA–2011–0326. Their Daniel C. Druffel (WA) reasons for the denials. FMCSA has
exemptions are effective as of February Gregory J. Godley (WA) statutory authority to exempt
6, 2016, and will expire on February 6, Troy A. Gortmaker (SD) individuals from the vision requirement
2018. Charles M. Griswold (MA) if the exemptions granted will not
As of February 10, 2016, and in Justin R. Henneinke (CA) compromise safety. The Agency has
accordance with 49 U.S.C. 31136(e) and William R. Huntley (MI) concluded that granting these
31315, the following 6 individuals, have Joseph I. Kulp (PA) exemptions does not provide a level of
satisfied the renewal conditions for Kevin R. Mooney (WA) safety that will be equivalent to, or
obtaining an exemption from the rule Daniel D. Neale (CA) greater than, the level of safety
prohibiting drivers with ITDM from Richard L. Sulzberger (IL) maintained without the exemptions for
driving CMVs in interstate commerce Dirk Vanstralen (CA) these commercial motor vehicle (CMV)
(76 FR 78720; 77 FR 7232; 81 FR 1281): The drivers were included in Docket drivers.
Steve R. Fortunat (NJ) No. FMCSA–2009–0294. Their FOR FURTHER INFORMATION CONTACT: Ms.
Kenneth J. Hill (OH) exemptions are effective as of February Christine A. Hydock, Chief, Medical
Cecil T. Keith (GA) 24, 2016, and will expire on February Programs Division, (202) 366–4001,
Frank E. Ray (KS) 24, 2018. fmcsamedical@dot.gov, FMCSA,
Stanley L. Rybarcyzk (IL) As of February 27, 2015, and in Department of Transportation, 1200
Gene A. Willias (WV) accordance with 49 U.S.C. 31136(e) and New Jersey Avenue SE., Room W64–
The drivers were included in Docket 31315, the following individual, Charles 113, Washington, DC 20590–0001.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

No. FMCSA–2011–0327. Their R. Clayton (NJ) has satisfied the renewal Office hours are 8:30 a.m. to 5 p.m., e.t.,
exemptions are effective as of February conditions for obtaining an exemption Monday through Friday, except Federal
10, 2016, and will expire on February from the rule prohibiting drivers with holidays.
10, 2018. ITDM from driving CMVs in interstate SUPPLEMENTARY INFORMATION:
As of February 12, 2015, and in commerce (78 FR 78479; 79 FR 13086;
accordance with 49 U.S.C. 31136(e) and 81 FR 1281). Background
31315, the following individual, Guy B. The driver was included in Docket Under 49 U.S.C. 31136(e) and 31315,
Mayes (WA) has satisfied the renewal No. FMCSA–2013–0192. The exemption FMCSA may grant an exemption from

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Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 81237

the Federal vision standard for a Michael K. Leonhardt (NM) Mark L. McHenry (PA)
renewable 2-year period if it finds ‘‘such Hollisa I. Richardson (IL) Lucio Nieves (FL)
an exemption would likely achieve a Sylvester L. Richardson (IL) Jeremy D. Pruemer (IL)
level of safety that is equivalent to or Lanny R. Rumbo (OK) Robert D. Schatz (PA)
greater than the level that would be Sean D. Shuemake (PA) Finally, the following 4 applicants
achieved absent such an exemption.’’ The following 7 applicants did not perform transportation for the Federal
The procedures for requesting an have 3 years of recent experience government, State, or any political
exemption are set forth in 49 CFR part driving a CMV with the vision subdivision of the state.
381. deficiency: Andrew R. Clere (OH)
Accordingly, FMCSA evaluated 84 Phillip E. Bukovsky (OH) Robert J. Drumm (NM)
individual exemption requests on their Erick S. Cardenas (CA) Veronica Gray (NJ)
merit and made a determination that William J. Cuadra (FL) John P. Steffens (CO)
these applicants do not satisfy the Albert B. Lott (SC) Issued on: November 4, 2015.
criteria eligibility or meet the terms and Jose O. Quinto (UT)
conditions of the Federal exemption Larry W. Minor,
Joe L. Richey (TX)
program. Each applicant has, prior to Associate Administrator for Policy.
Gary M. Stokes (AL)
this notice, received a letter of final The following 5 applicants did not
[FR Doc. 2016–27650 Filed 11–16–16; 8:45 am]
disposition on the exemption request. have sufficient driving experience BILLING CODE 4910–EX–P
Those decision letters fully outlined the during the past 3 years under normal
basis for the denial and constitute final highway operating conditions:
Agency action. The list published in DEPARTMENT OF TRANSPORTATION
this notice summarizes the Agency’s Tanner H. Brooks (MS)
Mervin Duplessis, Jr. (LA) Federal Transit Administration
recent denials as required under 49
Thomas Gonzalez (PA)
U.S.C. 31315(b)(4) by periodically [FTA Docket No. FTA–2016–0043]
Anatolio Gracia (CA)
publishing names and reasons for
Samuel L. Kirkpatrick (OH) Agency Information Collection Activity
denial.
The following 3 applicants did not The following 14 applicants were Under OMB Review
have sufficient driving experience over denied for multiple reasons:
Douglas Berry (PA) AGENCY: Federal Transit Administration,
the past 3 years under normal highway DOT.
operating conditions: Daniel M. Cervantes (NE)
Kevin J. Embrey (IN) ACTION: Notice of request for comments.
Joseph L. Duey III (PA)
Randy C. Kephart (MN) Trina L. Garcia (CA)
SUMMARY: In compliance with the
Cody C. Mendenhall (IL) Eugene K. Lockwood (OH)
Caleb D. Moses (IA) Paperwork Reduction Act of 1995 (44
The following 19 applicants had no U.S.C. 3501 et seq.), this notice
Glenn P. Nickerson (ME)
experience operating a CMV: Eric E. Olson (VT) announces that the Information
Joseph W. Adkisson (CA) Timothy Parramore (NC) Collection Requirements (ICRs)
Muhammad S. Chaudry (NY) Jeffrey W. Pike, Jr. (MN) abstracted below have been forwarded
Connie M. Dessaso (VA) Rodger S. Simmons (LA) to the Office of Management and Budget
Kira A. Gordon (NC) Steven T. Stasiak (NY) (OMB) for review and comment. The
Donald J. Jannuzzi (OR) Zachary M. Tarryk (CT) ICR describe the nature of the
Justin E. Johnson (MN) Octavia E. Williams (MO) information collection and their
Trevor M. Kayser (IA) expected burdens. The Federal Register
The following applicant, Kelly L.
Brandon P. Krippner (MN) notice with a 60-day comment period
Ewing (PA), held 2 commercial driver’s
Angel E. Lee (VA) soliciting comments on the following
licenses simultaneously.
James D. Longworth (TN) collections of information was
Donald O. McGee (MO) The following 7 applicants met the
published on August 16, 2016 (81 FR
Daniel C. McLain (VA) current federal vision standards.
54658).
Steve A. Nicks (WI) Exemptions are not required for
applicants who meet the current DATES: Comments must be submitted on
William T. Oates (OR)
regulations for vision: or before December 19, 2016.
George A. Rodriguez (NC)
Chad A. Sager (VA) Michael E. Baker (VT) ADDRESSES: All written comments must
Roger T. Scharlack (CT) William C. Christiansen (NH) refer to the docket number that appears
Phillip J. Shipp (TX) Mihail Crudu (FL) at the top of this document and be
Susan B. Williams (VA) Franklin T. Harrell, Jr. (GA) submitted to the Office of Information
The following 15 applicants did not Suzanne Morgan (FL) and Regulatory Affairs, Office of
have 3 years of experience driving a Rene J. Patenuade (VT) Management and Budget, 725—17th
CMV on public highways with their Leif H. Stensrud (NV) Street NW., Washington, DC 20503,
vision deficiencies: The following applicant, Edward A. Attention: FTA Desk Officer.
Iverson (ND), drove interstate while Alternatively, comments may be sent
Dionel Arroyo (NJ) via email to the Office of Information
restricted to intrastate driving.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Herald J. Cox (IN)
The following 8 applicants will not be and Regulatory Affairs (OIRA), Office of
William H. Darden (MS)
driving interstate, in interstate Management and Budget, at the
Matthew A. Edmonds )OH)
commerce, or are not required to carry following address: oira_submissions@
Roberto Flores (IL)
a DOT medical card: omb.eop.gov.
Jerry L. Foreman (IN)
Jerimiah C. Garon (SD) Laurance D. Coppa (FL) FOR FURTHER INFORMATION CONTACT: Tia
Jason S. Gessele (ND) Tyler L. Gentry (OH) Swain, Office of Administration,
Morris L. Hickman (VA) Billy W. Hysmith (FL) Management Planning Division, 1200
Robert V. Lang, Jr. (MI) Randy W. Lindsey (GA) New Jersey Avenue SE., Mail Stop

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Document Created: 2016-11-17 02:59:55
Document Modified: 2016-11-17 02:59:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of denials.
Contact		Ms. 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.
FR Citation		81 FR 81236

81 FR 81236 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 222 (November 17, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration