83 FR 18634 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18634-18635
FR Document		2018-08911

FMCSA announces its decision to deny applications from 103 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 83 Issue 82 (Friday, April 27, 2018)

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18634-18635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08911]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0009]


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 103 
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., 
e.t., 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., e.t., 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 18635]]

II. Background

    FMCSA received applications from 103 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 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 103 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 two applicants did not have sufficient driving 
experience over the past three years under normal highway operating 
conditions: Christopher E. Day (OR); Andrew R. Sampson (MD).
    The following 41 had no experience operating a CMV:

Aktham G. Abdelraouf (UT)
Javier A. Alcantara (FL)
Robbie R. Austin (ID)
John J. Beich (FL)
Michael J. Berry (PA)
Joseph B. Chun Tei (CA)
Kevin D. Craft (LA)
Dane C. Czerniak (PA)
Michael Deckert (PA)
Joseph F. Desgrottes (FL)
Brian S. Duncan (MO)
Joseph Eppolito (NY)
William E. Fowler (VA)
Levin D. Gann-Olehy (MN)
Abdirisak A. Hassan (MN)
George A. Kellner (FL)
Brian D. Leeper (IN)
Kelvin K. Mcatee (IL)
Adrian Mendoza (CA)
John R. Menendez (MO)
Andre J. Murdock (MD)
Donald J. Nelson (ID)
Thomas M. Palmer (PA)
Joseph L. Rigsby (AL)
Andrew W. Rocole (NE)
Homero Saenz (KY)
Reginald I. Sessum (NY)
Antwine Simmons (GA)
Saban R. Sosic (MI)
Miguel A. Soto (CA)
James V. Stuart (MA)
Travis D. Summerville (IL)
Donavon X. Taylor (MS)
Paul R. Todi (KY)
Carlos M. Torres Nieves (TX)
Ryan Tortorelli (CO)
Isai Trejo (CO)
Matthew C. Walker (IN)
Felicia R. Warnick (IL)
David A. Whittam (WA)
Wade R. Winckler (SD)

    The following 13 applicants did not have 3 years of experience 
driving a CMV on public highways with their vision deficiencies:

Steven J. Brown (NY)
Joseph S. Clymer (OH)
Scott R. Dawley (IA)
Gary A. Foley (NH)
Antonio E. Gargano (PA)
Clyde M. Kennedy (VA)
Elmer D. King (PA)
Curtis M. Kirkland (GA)
Paul L. Koch (WI)
Lee A. Leasure (CA)
Gregory J. Mastey (WI)
Donald R. Pierson (WA)
Jeffrey Shauver (IN)

    The following 11 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency:

Arthur T. Brown (FL)
Henry M. Darden (DC)
Theodore A. DuBreuil (MI)
Thomas S. Ewald (IA)
Barry J. Friedlander (NY)
Gregory P. Grimes (OK)
Louis W. Henderson (DE)
Michael A. Higgins (IL)
Rex R. Pannell (AR)
Ricky A. Schott (PA)
Jamie S. White (GA)

    The following eight applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions (gaps in driving record):

Brannon S. Alexander (MO)
Russell E. Burden (WY)
Jeffrey P. Campbell (KY)
Daniel D. Diggs (TX)
Ahmed M. Gutale (MN)
Zachary W.L. Justice (OH)
Joanna Marlow (NM)
Lawrence B. Reyes (WA)

    The following applicant, William D. Harris (IN), contributed to 
accident(s) in which the applicant was operating a CMV, which is a 
disqualifying offense.
    The following applicant, Marty J. Prouty (IA), did not demonstrate 
the level of safety required for interstate driving based on the state-
issued driving report (excessive moving/non-moving violations during 3-
year period).
    The following applicant, Johnny Frasier (FL), 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 18 applicants were denied for multiple reasons:

Fnu Aryan (TX)
Dennis K. Bench (MT)
David A. Bronson (FL)
Elliott D. Hain (PA)
Dennis L. Johnson (NC)
Paul E. Kemp (MS)
Jeffrey T. Landry (NC)
Joshua S. Little (MD)
Progress A. Lloyd (NC)
Lydia McCormick (NY)
Mark A. Myers (IN)
Deborah A. Nichols (MI)
Ronald Sapp (GA)
Craig Scott (GA)
Jeffery L. Shick (IL)
Joy S. Smith (TX)
Patrick J. Stempel (NY)
Scott W. Ward (PA)

    The following three applicants have not had stable vision for the 
preceding 3-year period: Daniel R. Parramore (FL); Cheryl A. Phelps 
(OH); Guadalupe Potter (WA).
    The following four applicants drove interstate while restricted to 
intrastate driving:

Michael D. Cameron (TN)
Thomas R. Row (PA)
Joel Vasquez (TX)
Tony L. Willschau (SD)

    Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08911 Filed 4-26-18; 8:45 am]
BILLING CODE 4910-EX-P

18634 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

IV. Basis for Exemption Determination not it is related to an episode of would not be consistent with the goals
Under 49 U.S.C. 31136(e) and 31315, hypoglycemia; (3) each driver must and objectives of 49 U.S.C. 31136(e) and
FMCSA may grant an exemption from provide a copy of the ophthalmologist’s 31315.
the diabetes standard in 49 CFR or optometrist’s report to the Medical Issued on: April 18, 2018.
391.41(b)(3) if the exemption is likely to Examiner at the time of the annual Larry W. Minor,
achieve an equivalent or greater level of medical examination; and (4) each
Associate Administrator for Policy.
safety than would be achieved without driver must provide a copy of the
[FR Doc. 2018–08922 Filed 4–26–18; 8:45 am]
the exemption. The exemption allows annual medical certification to the
employer for retention in the driver’s BILLING CODE 4910–EX–P
the applicants to operate CMVs in
interstate commerce. qualification file, or keeping a copy in
The Agency’s decision regarding these his/her driver’s qualification file if he/
DEPARTMENT OF TRANSPORTATION
exemption applications is based on the she is self-employed. The driver must
program eligibility criteria and an also have a copy of the exemption when Federal Motor Carrier Safety
individualized assessment of driving, for presentation to a duly Administration
information submitted by each authorized Federal, State, or local
applicant. The qualifications, enforcement official.
[Docket No. FMCSA–2018–0009]
experience, and medical condition of VI. Preemption
each applicant were stated and Qualification of Drivers; Exemption
During the period the exemption is in
discussed in detail in the February 14, Applications; Vision
effect, no State shall enforce any law or
2018, Federal Register notice (83 FR
regulation that conflicts with this AGENCY: Federal Motor Carrier Safety
6725) and will not be repeated in this
exemption with respect to a person Administration (FMCSA), DOT.
notice.
These 26 applicants have had ITDM operating under the exemption. ACTION: Notice of denials.
over a range of 1 to 17 years. These VII. Conclusion
applicants report no severe SUMMARY: FMCSA announces its
Based upon its evaluation of the 26 decision to deny applications from 103
hypoglycemic reactions resulting in loss
exemption applications, FMCSA individuals who requested an
of consciousness or seizure, requiring
exempts the following drivers from the exemption from the vision standard in
the assistance of another person, or
diabetes requirement in 49 CFR the Federal Motor Carrier Safety
resulting in impaired cognitive function
391.41(b)(10), subject to the Regulations (FMCSRs) to operate a CMV
that occurred without warning
requirements cited above: in interstate commerce.
symptoms, in the past 12 months and no
recurrent (two or more) severe David V. Bartel (MN) FOR FURTHER INFORMATION CONTACT: Ms.
hypoglycemic episodes in the past five Michael A. Brady (NH) Christine A. Hydock, Chief, Medical
years. In each case, an endocrinologist Junior K. Brewer (NE) Programs Division, (202) 366–4001,
verified that the driver has Marvin D. Buitt (MS) fmcsamedical@dot.gov, FMCSA,
demonstrated a willingness to properly Larry E. Burchett (FL) Department of Transportation, 1200
monitor and manage his/her diabetes Pasquale Cala (PA) New Jersey Avenue SE, Room W64–224,
mellitus, received education related to Byron D. Christian (LA) Washington, DC 20590–0001. Office
diabetes management, and is on a stable Bryon D. Cowell (IA) hours are from 8:30 a.m. to 5 p.m., e.t.,
insulin regimen. These drivers report no Walter B. Cromwell, 3rd (NJ) Monday through Friday, except Federal
other disqualifying conditions, Eric C. Delio (IN) holidays.
including diabetes related Wade A. Demarais (MN) SUPPLEMENTARY INFORMATION:
complications. Each meets the vision Gary D. Detwiler (CA)
Willis L. Drake, Jr. (MD) I. Electronic Access
requirement at 49 CFR 391.41(b)(10).
Consequently, FMCSA finds that in Doyle J. Dreisow (WI) You may see all the comments online
each case exempting these applicants Anthony Episcopo (WI) through the Federal Document
from the diabetes requirement in 49 CFR Herve H. Estime (GA) Management System (FDMS) at: http://
391.41(b)(3) is likely to achieve a level Gregory A. Gruber (KS) www.regulations.gov.
of safety equal to that existing without Clifford J. Hughes (NY) Docket: For access to the docket to
the exemption. Brian J. Lanzim (NJ) read background documents or
Michael E. Luttrell (GA) comments, go to http://
V. Conditions and Requirements William R. Mizell (AR) www.regulations.gov and/or Room
The terms and conditions of the Frank E. Myers, Jr. (OK) W12–140 on the ground level of the
exemption are provided to the John W. Olenczak (NJ) West Building, 1200 New Jersey Avenue
applicants in the exemption document Michael A. Randazzo (PA) SE, Washington, DC, between 9 a.m. and
and includes the following: (1) Each Jonathan M. Trussell (TX) 5 p.m., e.t., Monday through Friday,
driver must submit a quarterly Raymond L. Underwood, Jr. (CT) except Federal holidays.
monitoring checklist completed by the In accordance with 49 U.S.C. 31136(e) Privacy Act: In accordance with 5
treating endocrinologist as well as an and 31315, each exemption will be valid U.S.C. 553(c), DOT solicits comments
annual checklist with a comprehensive for two years from the effective date from the public to better inform its
medical evaluation; (2) each driver must unless revoked earlier by FMCSA. The rulemaking process. DOT posts these
daltland on DSKBBV9HB2PROD with NOTICES

report within two business days of exemption will be revoked if the comments, without edit, including any
occurrence, all episodes of severe following occurs: (1) The person fails to personal information the commenter
hypoglycemia, significant comply with the terms and conditions provides, to http://www.regulations.gov,
complications, or inability to manage of the exemption; (2) the exemption has as described in the system of records
diabetes; also, any involvement in an resulted in a lower level of safety than notice (DOT/ALL–14 FDMS), which can
accident or any other adverse event in was maintained prior to being granted; be reviewed at http://www.dot.gov/
a CMV or personal vehicle, whether or or (3) continuation of the exemption privacy.

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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18635

II. Background Michael J. Berry (PA) Jamie S. White (GA)
FMCSA received applications from Joseph B. Chun Tei (CA) The following eight applicants did not
103 individuals who requested an Kevin D. Craft (LA) have sufficient driving experience
exemption from the vision standard in Dane C. Czerniak (PA) during the past 3 years under normal
the FMCSRs. Michael Deckert (PA) highway operating conditions (gaps in
FMCSA has evaluated the eligibility Joseph F. Desgrottes (FL) driving record):
of these applicants and concluded that Brian S. Duncan (MO) Brannon S. Alexander (MO)
granting these exemptions would not Joseph Eppolito (NY) Russell E. Burden (WY)
provide a level of safety that would be William E. Fowler (VA) Jeffrey P. Campbell (KY)
Levin D. Gann-Olehy (MN) Daniel D. Diggs (TX)
equivalent to or greater than, the level
Abdirisak A. Hassan (MN) Ahmed M. Gutale (MN)
of safety that would be obtained by
George A. Kellner (FL) Zachary W.L. Justice (OH)
complying with the regulation 49 CFR
Brian D. Leeper (IN) Joanna Marlow (NM)
391.41(b)(10).
Kelvin K. Mcatee (IL) Lawrence B. Reyes (WA)
III. Basis for Exemption Determination Adrian Mendoza (CA)
The following applicant, William D.
Under 49 U.S.C. 31136(e) and 31315, John R. Menendez (MO)
Andre J. Murdock (MD) Harris (IN), contributed to accident(s) in
FMCSA may grant an exemption if it which the applicant was operating a
finds such an exemption would likely Donald J. Nelson (ID)
Thomas M. Palmer (PA) CMV, which is a disqualifying offense.
achieve a level of safety that is The following applicant, Marty J.
equivalent to, or greater then, the level Joseph L. Rigsby (AL)
Andrew W. Rocole (NE) Prouty (IA), did not demonstrate the
that would be achieved absent such an level of safety required for interstate
Homero Saenz (KY)
exemption. driving based on the state-issued driving
The Agency’s decision regarding these Reginald I. Sessum (NY)
Antwine Simmons (GA) report (excessive moving/non-moving
exemption applications is based on the violations during 3-year period).
Saban R. Sosic (MI)
eligibility criteria, the terms and The following applicant, Johnny
Miguel A. Soto (CA)
conditions for Federal exemptions, and Frasier (FL), did not have an optometrist
James V. Stuart (MA)
an individualized assessment of each or ophthalmologist willing to make a
Travis D. Summerville (IL)
applicant’s medical information statement that they are able to operate
Donavon X. Taylor (MS)
provided by the applicant. a commercial vehicle from a vision
Paul R. Todi (KY)
IV. Conclusion Carlos M. Torres Nieves (TX) standpoint.
Ryan Tortorelli (CO) The following 18 applicants were
The Agency has determined that these denied for multiple reasons:
applicants do not satisfy the criteria Isai Trejo (CO)
Matthew C. Walker (IN) Fnu Aryan (TX)
eligibility or meet the terms and Dennis K. Bench (MT)
conditions of the Federal exemption and Felicia R. Warnick (IL)
David A. Whittam (WA) David A. Bronson (FL)
granting these exemptions would not Elliott D. Hain (PA)
Wade R. Winckler (SD)
provide a level of safety that would be Dennis L. Johnson (NC)
equivalent to or greater than, the level The following 13 applicants did not
have 3 years of experience driving a Paul E. Kemp (MS)
of safety that would be obtained by Jeffrey T. Landry (NC)
complying with the regulation 49 CFR CMV on public highways with their
Joshua S. Little (MD)
391.41(b)(10). Therefore, the 103 vision deficiencies:
Progress A. Lloyd (NC)
applicants in this notice have been Steven J. Brown (NY) Lydia McCormick (NY)
denied exemptions from the physical Joseph S. Clymer (OH) Mark A. Myers (IN)
qualification standards in 49 CFR Scott R. Dawley (IA) Deborah A. Nichols (MI)
391.41(b)(10). Gary A. Foley (NH) Ronald Sapp (GA)
Each applicant has, prior to this Antonio E. Gargano (PA) Craig Scott (GA)
notice, received a letter of final Clyde M. Kennedy (VA) Jeffery L. Shick (IL)
disposition regarding his/her exemption Elmer D. King (PA) Joy S. Smith (TX)
request. Those decision letters fully Curtis M. Kirkland (GA) Patrick J. Stempel (NY)
outlined the basis for the denial and Paul L. Koch (WI) Scott W. Ward (PA)
constitute final action by the Agency. Lee A. Leasure (CA) The following three applicants have
This notice summarizes the Agency’s Gregory J. Mastey (WI) not had stable vision for the preceding
recent denials as required under 49 Donald R. Pierson (WA) 3-year period: Daniel R. Parramore (FL);
U.S.C. 31315(b)(4) by periodically Jeffrey Shauver (IN)
Cheryl A. Phelps (OH); Guadalupe
publishing names and reasons for The following 11 applicants did not Potter (WA).
denial. have 3 years of recent experience The following four applicants drove
The following two applicants did not driving a CMV with the vision interstate while restricted to intrastate
have sufficient driving experience over deficiency: driving:
the past three years under normal Arthur T. Brown (FL) Michael D. Cameron (TN)
highway operating conditions: Henry M. Darden (DC) Thomas R. Row (PA)
Christopher E. Day (OR); Andrew R. Theodore A. DuBreuil (MI) Joel Vasquez (TX)
daltland on DSKBBV9HB2PROD with NOTICES

Sampson (MD). Thomas S. Ewald (IA) Tony L. Willschau (SD)
The following 41 had no experience Barry J. Friedlander (NY)
operating a CMV: Issued on: April 23, 2018.
Gregory P. Grimes (OK)
Aktham G. Abdelraouf (UT) Louis W. Henderson (DE) Larry W. Minor,
Javier A. Alcantara (FL) Michael A. Higgins (IL) Associate Administrator for Policy.
Robbie R. Austin (ID) Rex R. Pannell (AR) [FR Doc. 2018–08911 Filed 4–26–18; 8:45 am]
John J. Beich (FL) Ricky A. Schott (PA) BILLING CODE 4910–EX–P

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Document Created: 2018-04-27 01:44:58
Document Modified: 2018-04-27 01:44:58

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 W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation		83 FR 18634

83 FR 18634 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration