82_FR_56329 82 FR 56103 - Qualification of Drivers; Exemption Applications; Vision

82 FR 56103 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range56103-56104
FR Document2017-25522

FMCSA announces its decision to deny applications from 109 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in interstate commerce.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017) 
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56103-56104]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25522]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0025]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its decision to deny applications from 109 
individuals who requested an exemption from the vision standard in the 
Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in 
interstate commerce.

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 W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

[[Page 56104]]

II. Background

    FMCSA received applications from 109 individuals who requested an 
exemption from the vision standard in the FMCSRs.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(10).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years if it finds ``such an exemption would likely achieve a 
level of safety that is equivalent to, or greater then, the level that 
would be achieved absent such an exemption.''
    The Agency's decision regarding these exemption applications is 
based on the eligibility criteria, the terms and conditions for Federal 
exemptions, and an individualized assessment of each applicant's 
medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
criteria eligibility or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(10). Therefore, the 109 applicants in this notice have been 
denied exemptions from the physical qualification standards in 49 CFR 
391.41(b)(10).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitute final 
action by the Agency. 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 33 applicants had no experience operating a CMV:

Leaslie T. Allen (SC)
Harryson F.R. Barragan (CA)
Ken A. Barrow (LA)
Corey A. Becker (NE)
Kathryn W. Brunt-Avunduk (NJ)
Speedi G. Burrell (RI)
Indigo J. Curtis (GA)
Larry D. Darden (NC)
Collin J. D'Brant (NY)
Abdulrahman M. Edle (MN)
Teorie K. Evans (IN)
Justin S. Gantt (NC)
Brad K. Humphrey (OH)
Matthew W. Jordan (TN)
Matthew J. LaFeldt (MI)
Alex W. Leath (VA)
Jerry P. Ledet, Jr. (LA)
Richard K. Lowman (PA)
Erik D. Manz (OK)
Carlos R. McCarthy (NH)
Mark L. Meriweather (KY)
Mark W. Modzelewski (NJ)
Jerry Nicolas (NJ)
Jose A. Ortega (FL)
Michael T. Quiggins (IN)
Gary M. Shoultz (IN)
Kerry S. Staker (WY)
Sherwood W. Swick (ID)
Brian Thompson (KY)
Robby L. Tovrea (IA)
Jimmy Travis (NJ)
James E. Turturici (AL)
Rodney J. Watkins (NC)

    The following 18 applicants did not have three years of experience 
driving a CMV on public highways with their vision deficiencies:

Samuel J. Bagwell (MO)
Denis Cuzimencov (NC)
Howard R. Funderburk (WA)
Lonnie J. Gaines (MD)
DeMario D. Gordon (TX)
Stephen L. Hickinson (NJ)
James S. Hosmer (AL)
John K. Johnson (TX)
Shane E. Johnson (KY)
John E. Lewis (IN)
Robert E. McMahon (NV)
Rodolfo D. Meza (MD)
Georgio D. Rapposelli (PA)
Darrel J. Roy (WA)
Michael D. Saltsman (KY)
Curtis L. Shivers (IL)
Adam L. Temple (GA)
Stephen Wilson (PA)

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

Joseph R. Burroughs (AL)
Allen E. Jennings (ID)
Michael S. Lomax (LA)
Brian K. Manca (MA)
Charles Reid (NJ)
Ernest M. Smith, Jr. (LA)
Thomas VanPool (OK)
Danny R. Wood (NC)

    The following seven applicants did not have sufficient driving 
experience during the past three years under normal highway operating 
conditions (gaps in driving record):

Robie F. Abbott (WV)
David J. Carter (OR)
John M. Ford (NY)
Joseph B. Fullen (TX)
Abdulsalam M. Halool (MI)
Frank M. Howell (PA)
Dwayne S. Tiffany (UT)

    The following six applicants were denied for multiple reasons:

Russell D. Kraemer (MO)
Julie D. Larson (WY)
Larry D. Neely (IL)
Richard Nielsen (IL)
Philip P. Phegley (IN)
Kenneth E. Warbington (GA)

    The following two applicants have not had stable vision for the 
preceding three year period:

Donald L. Shay (MO)
Norris V. Watson (AL)

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

Earl T. Baker (KY)
Ryan S. Stauffer (MT)
Robert Williams (NC)

    The following 27 applicants will not be driving interstate, 
intrastate commerce, or are not required to carry a DOT medical card:

Percy L. Anderson (IL)
Michael Beaudoin (TX)
Victor M. Benedith (NY)
Mingle Blake (FL)
Ernesto Castillo (CA)
Randolph L. Davidson (CA)
William A. Dickinson (WA)
Charles M. Dixon, Jr. (OH)
David A. Faudoa (AZ)
Kenneth A. Floyd (FL)
Maxie L. Gentry (VA)
Bryan K. Hall (NY)
James C. Hall (WA)
Jamahon L. Henderson (OH)
Antonio Ibarrah-Ramirez (OK)
Lon J. Knoshal (MN)
Brent D. Landry (LA)
Donald B. Marsh (MD)
Chris G. Mosley (SC)
Jonathan P. Mott (WI)
Javier T. Ramirez (TX)
Edward H. Riglioni, Jr. (FL)
Francisco L. Rodriguez (CA)
Jason S. Spurlock, Sr. (LA)
Roger L. Sutton (LA)
Efrain S. Villalobos (CA)
Anthony W. Zwolinski (MI)

    The following five applicants perform transportation for the 
Federal government, state, or any political sub-division of the state:

Nathan N. Botsch (AZ)
Derrick A. Hardy (DC)
Lindsey Manzi (PA)
Jeffery Radermacher (ND)
John R.A. Taylor (VA)


     Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25522 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56103 In the past two decades, as the augmented with the drivers’ last known Issued under the authority delegated in 49 number of workers has increased and mailing address, obtained by cross- CFR 1.87 on: November 17, 2017. the distance to affordable housing has referencing Commercial Driver’s License G. Kelly Regal, also increased in most metropolitan Information System (CDLIS) data with Associate Administrator, Office of Research areas, commuting times have increased the licensing States’ CDL driver and Information Technology. in the United States. According to the histories. The samples will be divided [FR Doc. 2017–25526 Filed 11–24–17; 8:45 am] 2015 Urban Mobility Scorecard,1 travel into one list for drivers who operate (or BILLING CODE 4910–EX–P delays due to traffic congestion caused previously operated) freight vehicles drivers to waste more than 3 billion and a second list for those who drive (or gallons of fuel and kept travelers stuck previously drove) passenger-carrying DEPARTMENT OF TRANSPORTATION in their cars for nearly 7 billion extra vehicles. hours (42 hours per rush-hour 2. Using a mail-Web methodology, the Federal Motor Carrier Safety commuter). driver commute survey will be sent out Administration Long commuting times can adversely by the research team, on behalf of affect commercial motor vehicle (CMV) FMCSA, to the 12,000 selected drivers [Docket No. FMCSA–2017–0025] drivers in multiple ways, for example: identified in step 1. These drivers will • Compromising off-duty time. Long be solicited to complete an online Qualification of Drivers; Exemption commuting times can reduce a driver’s survey, using a recruitment letter (with Applications; Vision available off-duty time for sleep and a $2 pre-incentive), a reminder postcard, personal activities. This can lead to and a second follow-up letter. The letter AGENCY:Federal Motor Carrier Safety excessive fatigue while on duty, creating will inform the drivers that they will Administration (FMCSA), DOT. safety concerns for both the CMV driver receive a check for $10 upon completion ACTION: Notice of denials. and other drivers on the roads. of the survey, which is expected to • Impacting driver health. A recent average 20 minutes to complete. Our SUMMARY: FMCSA announces its study was conducted that monitored initial expectation is that 4.17 percent of decision to deny applications from 109 4,297 adults from 12 metropolitan Texas the 12,000 (500) will complete the individuals who requested an counties. In this region, 90 percent of survey on the Web. The burden analysis exemption from the vision standard in people commute to work. The study is based on this figure of 500 responses. the Federal Motor Carrier Safety found that the drivers who have long Regulations (FMCSRs) to operate a CMV commuting times were more likely to III. Paperwork Reduction Act in interstate commerce. have poor cardiovascular health and be The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501–3520) FOR FURTHER INFORMATION CONTACT: Ms. less physically fit.2 This study showed prohibits agencies from conducting Christine A. Hydock, Chief, Medical that people who commute long information collection (IC) activities Programs Division, (202) 366–4001, distances to work weigh more, are less until they analyze the need for the fmcsamedical@dot.gov, FMCSA, physically active, and have higher blood collection of information and how the Department of Transportation, 1200 pressure. The objective of the survey proposed collected data will be managed. New Jersey Avenue SE., Room W64– in this ICR is to learn more about the Agencies must also analyze whether 224, Washington, DC 20590–0001. following CMV driver characteristics: technology could be used to reduce the Office hours are from 8:30 a.m. to 5 • Work history; burden imposed on those providing the p.m., ET, Monday through Friday, • Commuting time, transportation data. The Agency must estimate the except Federal holidays. mode, and recording of that time; time burden required to respond to the SUPPLEMENTARY INFORMATION: • Driving schedules; IC requirements, such as the time • Rests and breaks; required to complete a particular form. I. Electronic Access • Miles driven annually; and The Agency submits its IC analysis and • Demographics. You may see all the comments online burden estimate to OMB as a formal through the Federal Document II. Data Collection Plan ICR; the Agency cannot conduct the Management System (FDMS) at: http:// The information collection is a one- information collection until OMB www.regulations.gov. time, Web-based collection, including approves the ICR. Docket: For access to the docket to surveys of current and past drivers of V. Request for Public Comments read background documents or freight and passenger vehicles. The comments, go to http:// FMCSA asks for comment on the IC survey will be entirely online. There www.regulations.gov and/or Room requirements of this study. Comments will be no paper survey. The general W12–140 on the ground level of the can be submitted to the docket as survey approach and design is as West Building, 1200 New Jersey Avenue outlined under ADDRESSES at the follows: SE., Washington, DC, between 9 a.m. 1. FMCSA will provide a random beginning of this notice. You are asked and 5 p.m., ET, Monday through Friday, sample of 12,000 drivers based on to comment on any aspect of this except Federal holidays. recent Motor Carrier Management information collection, including: 1. Whether the proposed collection is Privacy Act: In accordance with 5 Information System (MCMIS) data, U.S.C. 553(c), DOT solicits comments necessary for the performance of asabaliauskas on DSKBBXCHB2PROD with NOTICES FMCSA’s functions. from the public to better inform its 1 Schrank, David; Eisele, Bill; Lomax, Tim; and 2. The accuracy of the estimated rulemaking process. DOT posts these Bak, Jim. (2015.) 2015 Urban Mobility Scorecard. Texas A&M Transportation Institute and Inrix, Inc., burden. comments, without edit, including any available at: http://static.tti.tamu.edu/tti.tamu.edu/ 3. Ways for FMCSA to enhance the personal information the commenter documents/mobility-scorecard-2015.pdf. quality, usefulness, and clarity of the provides, to http://www.regulations.gov, 2 Hoehner, Christine; Barlow, Carolyn; Allen, Peg; collected information. as described in the system of records and Schootman, Mario. (2012.) Commuting Distance, Cardiorespiratory Fitness, and Metabolic 4. Ways that the burden could be notice (DOT/ALL–14 FDMS), which can Risk. American Journal of Preventive Medicine minimized without reducing the quality be reviewed at http://www.dot.gov/ 42(6): 571–578. of the collected information. privacy. VerDate Sep<11>2014 16:59 Nov 24, 2017 Jkt 244001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1

56104 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices II. Background Teorie K. Evans (IN) Frank M. Howell (PA) Justin S. Gantt (NC) Dwayne S. Tiffany (UT) FMCSA received applications from 109 individuals who requested an Brad K. Humphrey (OH) The following six applicants were exemption from the vision standard in Matthew W. Jordan (TN) denied for multiple reasons: the FMCSRs. Matthew J. LaFeldt (MI) Russell D. Kraemer (MO) FMCSA has evaluated the eligibility Alex W. Leath (VA) Julie D. Larson (WY) of these applicants and concluded that Jerry P. Ledet, Jr. (LA) Larry D. Neely (IL) granting these exemptions would not Richard K. Lowman (PA) Richard Nielsen (IL) provide a level of safety that would be Erik D. Manz (OK) Philip P. Phegley (IN) Carlos R. McCarthy (NH) Kenneth E. Warbington (GA) equivalent to or greater than, the level of safety that would be obtained by Mark L. Meriweather (KY) The following two applicants have complying with the regulation 49 CFR Mark W. Modzelewski (NJ) not had stable vision for the preceding 391.41(b)(10). Jerry Nicolas (NJ) three year period: Jose A. Ortega (FL) Donald L. Shay (MO) III. Basis for Exemption Determination Michael T. Quiggins (IN) Norris V. Watson (AL) Under 49 U.S.C. 31136(e) and 31315, Gary M. Shoultz (IN) The following three applicants met FMCSA may grant an exemption for two Kerry S. Staker (WY) the current federal vision standards. years if it finds ‘‘such an exemption Sherwood W. Swick (ID) Exemptions are not required for would likely achieve a level of safety Brian Thompson (KY) applicants who meet the current that is equivalent to, or greater then, the Robby L. Tovrea (IA) regulations for vision: level that would be achieved absent Jimmy Travis (NJ) Earl T. Baker (KY) such an exemption.’’ James E. Turturici (AL) Ryan S. Stauffer (MT) The Agency’s decision regarding these Rodney J. Watkins (NC) Robert Williams (NC) exemption applications is based on the The following 18 applicants did not The following 27 applicants will not eligibility criteria, the terms and have three years of experience driving a be driving interstate, intrastate conditions for Federal exemptions, and CMV on public highways with their commerce, or are not required to carry an individualized assessment of each vision deficiencies: a DOT medical card: applicant’s medical information Samuel J. Bagwell (MO) Percy L. Anderson (IL) provided by the applicant. Denis Cuzimencov (NC) Michael Beaudoin (TX) IV. Conclusion Howard R. Funderburk (WA) Victor M. Benedith (NY) Lonnie J. Gaines (MD) Mingle Blake (FL) The Agency has determined that these DeMario D. Gordon (TX) Ernesto Castillo (CA) applicants do not satisfy the criteria Stephen L. Hickinson (NJ) Randolph L. Davidson (CA) eligibility or meet the terms and James S. Hosmer (AL) William A. Dickinson (WA) conditions of the Federal exemption and John K. Johnson (TX) Charles M. Dixon, Jr. (OH) granting these exemptions would not Shane E. Johnson (KY) David A. Faudoa (AZ) provide a level of safety that would be John E. Lewis (IN) Kenneth A. Floyd (FL) equivalent to or greater than, the level Robert E. McMahon (NV) Maxie L. Gentry (VA) of safety that would be obtained by Bryan K. Hall (NY) Rodolfo D. Meza (MD) complying with the regulation 49 CFR James C. Hall (WA) Georgio D. Rapposelli (PA) Jamahon L. Henderson (OH) 391.41(b)(10). Therefore, the 109 Darrel J. Roy (WA) applicants in this notice have been Antonio Ibarrah-Ramirez (OK) Michael D. Saltsman (KY) Lon J. Knoshal (MN) denied exemptions from the physical Curtis L. Shivers (IL) qualification standards in 49 CFR Brent D. Landry (LA) Adam L. Temple (GA) Donald B. Marsh (MD) 391.41(b)(10). Stephen Wilson (PA) Chris G. Mosley (SC) Each applicant has, prior to this Jonathan P. Mott (WI) The following eight applicants did not notice, received a letter of final Javier T. Ramirez (TX) have three years of recent experience disposition regarding his/her exemption Edward H. Riglioni, Jr. (FL) driving a CMV with the vision request. Those decision letters fully Francisco L. Rodriguez (CA) deficiency: outlined the basis for the denial and Jason S. Spurlock, Sr. (LA) constitute final action by the Agency. Joseph R. Burroughs (AL) Roger L. Sutton (LA) This notice summarizes the Agency’s Allen E. Jennings (ID) Efrain S. Villalobos (CA) recent denials as required under 49 Michael S. Lomax (LA) Anthony W. Zwolinski (MI) U.S.C. 31315(b)(4) by periodically Brian K. Manca (MA) The following five applicants perform publishing names and reasons for Charles Reid (NJ) transportation for the Federal denial. Ernest M. Smith, Jr. (LA) government, state, or any political sub- The following 33 applicants had no Thomas VanPool (OK) division of the state: experience operating a CMV: Danny R. Wood (NC) Nathan N. Botsch (AZ) Leaslie T. Allen (SC) The following seven applicants did Derrick A. Hardy (DC) not have sufficient driving experience asabaliauskas on DSKBBXCHB2PROD with NOTICES Harryson F.R. Barragan (CA) Lindsey Manzi (PA) Ken A. Barrow (LA) during the past three years under Jeffery Radermacher (ND) Corey A. Becker (NE) normal highway operating conditions John R.A. Taylor (VA) Kathryn W. Brunt-Avunduk (NJ) (gaps in driving record): Robie F. Abbott (WV) Issued on: November 17, 2017. Speedi G. Burrell (RI) Indigo J. Curtis (GA) David J. Carter (OR) Larry W. Minor, Larry D. Darden (NC) John M. Ford (NY) Associate Administrator for Policy. Collin J. D’Brant (NY) Joseph B. Fullen (TX) [FR Doc. 2017–25522 Filed 11–24–17; 8:45 am] Abdulrahman M. Edle (MN) Abdulsalam M. Halool (MI) BILLING CODE 4910–EX–P VerDate Sep<11>2014 16:59 Nov 24, 2017 Jkt 244001 PO 00000 Frm 00120 Fmt 4703 Sfmt 9990 E:\FR\FM\27NON1.SGM 27NON1


Document Created: 2017-11-25 01:08:52
Document Modified: 2017-11-25 01:08:52
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.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (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., ET, Monday through Friday, except Federal holidays.
FR Citation82 FR 56103 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR