83 FR 40632 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 158 (August 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 158 (August 15, 2018)
| Page Range | 40632-40634 | |
| FR Document | 2018-17597 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40632-40634] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17597] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0016] 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 110 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, fmcsamedical@dot.gov, 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 [[Page 40633]] 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. II. Background FMCSA received applications from 110 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 110 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 six applicants did not have sufficient driving experience over the past three years under normal highway operating conditions: Emma D. Hyde Howe (WA) Wallace T. Kraus (IN) Luis M. Perez-Francisco (NJ) Darrell Potteiger (PA) Jeffrey J. Winter (KS) Scott E. Zinn (CA) The following 35 applicants had no experience operating a CMV: Eurico F. Barbosa (MA) Michael A. Barone (TX) Celine Burgos (NJ) Geovanny J. Cano-Cruz (NJ) Luis Cardona (CA) Eduardo Carrasco (AZ) Nelson D. Carvalho (TX) Sergio Chavez-Nunez (IL) Jeffrey M. Colson (NY) Hunter W. Cook (MS) James F. Duffy (NJ) Michael S. Engel (CO) David W. Frieze (MN) Christopher D. Gilbert (ND) Jose S. Hernandez (TX) Jesse J. James (MI) Tammy L. Loran (ND) Jonathan B. Lovette (TN) Russell T. Meyers (OH) Giedrius Morkunas (IL) Michael D. Narveson (MN) Jose L. Olvera-Hernandez (PA) Mohammed A. Omer (MN) Timothy L. Porter (AL) Robert L. Price (CO) Jerad J. Riddle (IL) Doral W. Robinson (MD) Nicholas A. Smyth (NE) Anes Tabakovic (IA) Anthony R. VanAcker (IN) John T. Vanderbeek (UT) Andry A. Vargas (MA) McKenley M. Victor (DE) David W. Wiard (MI) Tarrence R. Williams (MS) The following 23 applicants did not have three years of experience driving a CMV on public highways with their vision deficiencies: Matthew R. Beggs (IL) Richard W. Bullard (FL) Paulo G. Clemente (NC) Hector A. Davila (GA) Chad M. Diamond (HI) Paul A. Gulotta (NV) Burl V. Ingebretsen (MN) Russell L. Kelly (SC) Nicholas J. Luksha (TN) Jerred R. Murray (NY) Christopher J. Neville (ME) Eric L. Nydick (KS) Robert F. Reed (NV) Wesley C. Riley (IL) Dennis E. Sanches (CO) Alexander P. Scardino (NY) Jeffrey A. See (FL) Don J. Smith (VA) Terry L. Stanger (IL) Robert B. Sundvor (ND) Leonard H. Wesselman (IL) Tommy A. Williamson (OK) Ananias E. Yoder (IA) The following 14 applicants did not have three years of recent experience driving a CMV on public highways with their vision deficiencies: David G. April (NH) Jason W. Beer (NE) David L. Dellinger (IN) John D. Flatten (MN) Armand P. Fortier (NH) Jeri P. Hollingsworth (ND) Suad Jukic (NY) Jimmy R. Kite (TN) William J. Mason (AR) Akbar H. Mokhtarani (ID) Scott A. Murphy (PA) Asa R. Sessions (WI) Stephen C. Stenberg (NY) Blair D. Tunell (DE) The following seven applicants did not have sufficient driving experience over the past three years under normal highway operating conditions (gaps in driving record): Wayne O. Campbell (FL) James P. Flaherty (KY) Aaron L. Knoblock (TX) Ronald M. Lytle (PA) Chad O'Brien (MN) Reginald Smart (TX) Levi J. Tindall (TX) The following applicant, Gregory P. Grimes (OK), had more than two commercial motor vehicle violations during three-year period and/or application process. The following applicant, Randall L. Bauman (IN), contributed to accident(s) in which the applicant was operating a CMV, which is a disqualifying offense. The following applicant, Daniel W. Schraven (IA), did not demonstrate the level of safety required for interstate driving (excessive moving/non-moving violations during three-year period). The following 16 applicants were denied for multiple reasons: Jose G. Batres (PA) Guillermo Casio Gamero (WA) Edward J. Delehant (OK) Kevin DeMarco (PA) Anthony M. Goodman (TX) Eduardo L. Gutierrez (CA) Michael L. Johnson (SC) Patrick E. Kuempel (IA) Michael T. McGinty (PA) Michael E. McGregor (ID) Steven Ramirez (CA) Robert L. Schwartz (ND) [[Page 40634]] Emmanuel A. Sepulveda (CA) Tyrone Sipp (TN) Calvin R. Stoltzfus (PA) Latasha M. Williams-Barnes (CT) The following four applicants have not had stable vision for the preceding three-year period: Miguel M. Levario (NM) Markell D. Riley (NC) Michael J. Smith (MN) Vernon L. Speakman (GA) The following applicant, Charles E. Chamberlain (KY), does not meet the vision standard in his better eye. The following applicant, Jerry B. Gibson (KY), drove interstate while restricted to intrastate driving. Issued on: August 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17597 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
![40632 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
without a hearing aid when the exemption have demonstrated that they Pamela Singleton (TX)
audiometric device is calibrated to do not pose a risk to public safety. Robert W. Slate (NM)
American National Standard (formerly Consequently, FMCSA finds that in Willine D. Smith (GA)
ASA Standard) Z24.5—1951. each case exempting these applicants Michael R. Tayman (ME)
49 CFR 391.41(b)(11) was adopted in from the hearing standard in 49 CFR Jason R. Winemiller (IL)
1970, with a revision in 1971 to allow 391.41(b)(11) is likely to achieve a level In accordance with 49 U.S.C. 31315,
drivers to be qualified under this of safety equal to that existing without each exemption will be valid for two
standard while wearing a hearing aid, the exemption. years from the effective date unless
35 FR 6458, 6463 (April 22, 1970) and revoked earlier by FMCSA. The
IV. Conditions and Requirements
36 FR 12857 (July 3, 1971). exemption will be revoked if the
The terms and conditions of the following occurs: (1) The person fails to
III. Discussion of Comments exemption are provided to the comply with the terms and conditions
FMCSA received one comment in this applicants in the exemption document of the exemption; (2) the exemption has
proceeding. Vicky Johnson, of the and includes the following: (1) Each resulted in a lower level of safety than
Minnesota Department of Safety wrote driver must report any crashes or was maintained prior to being granted;
that the Minnesota Department of Safety accidents as defined in 49 CFR 390.5; or (3) continuation of the exemption
has no objections to Gary T. Nagel (2) each driver must report all citations would not be consistent with the goals
obtaining a hearing exemption. and convictions for disqualifying and objectives of 49 U.S.C. 31136 and
offenses under 49 CFR part 383 and 49 31315.
Basis for Exemption Determination CFR 391 to FMCSA; and (3) each driver
Issued on: August 9, 2018
Under 49 U.S.C. 31136(e) and is prohibited from operating a
Larry W. Minor,
31315(b), FMCSA may grant an motorcoach or bus with passengers in
interstate commerce. The driver must Associate Administrator for Policy.
exemption from the hearing standard in
also have a copy of the exemption when [FR Doc. 2018–17607 Filed 8–14–18; 8:45 am]
49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater driving, for presentation to a duly BILLING CODE 4910–EX–P
level of safety than would be achieved authorized Federal, State, or local
without the exemption. The exemption enforcement official. In addition, the
exemption does not exempt the DEPARTMENT OF TRANSPORTATION
allows the applicants to operate CMVs
in interstate commerce. individual from meeting the applicable
Federal Motor Carrier Safety
The Agency’s decision regarding these CDL testing requirements.
Administration
exemption applications is based on V. Preemption [Docket No. FMCSA–2018–0016]
current medical information and
During the period the exemption is in
literature, and the 2008 Evidence Qualification of Drivers; Exemption
effect, no State shall enforce any law or
Report, ‘‘Executive Summary on Applications; Vision
regulation that conflicts with this
Hearing, Vestibular Function and
exemption with respect to a person AGENCY: Federal Motor Carrier Safety
Commercial Motor Driving Safety.’’ The
operating under the exemption. Administration (FMCSA), DOT.
evidence report reached two
conclusions regarding the matter of VI. Conclusion ACTION: Notice of denials.
hearing loss and CMV driver safety: (1) Based upon its evaluation of the 30
No studies that examined the SUMMARY: FMCSA announces its
exemption applications, FMCSA decision to deny applications from 110
relationship between hearing loss and exempts the following drivers from the
crash risk exclusively among CMV individuals who requested an
hearing standard, 49 CFR 391.41(b)(11), exemption from the vision standard in
drivers were identified; and (2) evidence subject to the requirements cited above:
from studies of the private driver’s the Federal Motor Carrier Safety
Alan M. Bridgeford (NV) Regulations (FMCSRs) to operate a CMV
license holder population does not
Mataio Brown (MS) in interstate commerce.
support the contention that individuals
Leroy Carter (OH)
with hearing impairment are at an FOR FURTHER INFORMATION CONTACT: Ms.
Robert M. Cates (NM)
increased risk for a crash. In addition, Rocky R. Chin (WA) Christine A. Hydock, Chief, Medical
the Agency reviewed each applicant’s Ralph E. Craig (IL) Programs Division, (202) 366–4001,
driving record found in the Commercial Cesar DeLeon (TX) fmcsamedical@dot.gov, FMCSA,
Driver’s License Information System Brody DiPasquale (MD) Department of Transportation, 1200
(CDLIS), for commercial driver’s license Edward J. Duhon (AL) New Jersey Avenue SE, Room W64–224,
(CDL) holders, and inspections recorded Lyle Eash (OH) Washington, DC 20590–0001. Office
in the Motor Carrier Management Richard R. Fisher (PA) hours are from 8:30 a.m. to 5 p.m., e.t.,
Information System (MCMIS). For non- Kinberly I. Foss (CA) Monday through Friday, except Federal
CDL holders, the Agency reviewed the Bradley Ledford (TN) holidays.
driving records from the State Driver’s Dustin McFadden (TX) SUPPLEMENTARY INFORMATION:
Licensing Agency (SDLA). Each Francisco M. Mendoza (CA)
applicant’s record demonstrated a safe I. Electronic Access
Jack W. Mitchell (TX)
driving history. Based on an individual Eugene Mostepan (CA) You may see all the comments online
assessment of each applicant that Steven Moorehead (OH) through the Federal Document
daltland on DSKBBV9HB2PROD with NOTICES
focused on whether an equal or greater Gary T. Nagel (MN) Management System (FDMS) at: http://
level of safety is likely to be achieved by Marcel Paul (WA) www.regulations.gov.
permitting each of these drivers to drive Dexter E. Perez (WI) Docket: For access to the docket to
in interstate commerce as opposed to Connie Ralston (GA) read background documents or
restricting him or her to driving in Noble D. Reed (TX) comments, go to http://
intrastate commerce, the Agency Kurt Sanders (VA) www.regulations.gov and/or Room
believes the drivers granted this David L. Schibilla (IL) W12–140 on the ground level of the
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![40634 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
Emmanuel A. Sepulveda (CA) Programs Division, 202–366–4001, without corrective lenses, field of vision
Tyrone Sipp (TN) fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian
Calvin R. Stoltzfus (PA) Department of Transportation, 1200 in each eye, and the ability to recognize
Latasha M. Williams-Barnes (CT) New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices
The following four applicants have Washington, DC 20590–0001. Office showing red, green, and amber.
not had stable vision for the preceding hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal III. Discussion of Comments
three-year period:
Miguel M. Levario (NM) holidays. If you have questions FMCSA received no comments in this
Markell D. Riley (NC) regarding viewing or submitting preceding.
Michael J. Smith (MN) material to the docket, contact Docket IV. Conclusion
Vernon L. Speakman (GA) Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 86
The following applicant, Charles E. renewal exemption applications and
Chamberlain (KY), does not meet the I. Electronic Access comments received, FMCSA confirms
vision standard in his better eye. its’ decision to exempt the following
You may see all the comments online
The following applicant, Jerry B. drivers from the vision requirement in
through the Federal Document
Gibson (KY), drove interstate while 49 CFR 391.41 (b)(10):
Management System (FDMS) at: http://
restricted to intrastate driving. In accordance with 49 U.S.C. 31136(e)
www.regulations.gov.
Issued on: August 9, 2018. Docket: For access to the docket to and 31315, the following groups of
Larry W. Minor, read background documents or drivers received renewed exemptions in
Associate Administrator for Policy. comments, go to http:// the month of September and are
[FR Doc. 2018–17597 Filed 8–14–18; 8:45 am] www.regulations.gov and/or Room discussed below:
BILLING CODE 4910–EX–P
W12–140 on the ground level of the As of September 6, 2017, and in
West Building, 1200 New Jersey Avenue accordance with 49 U.S.C. 31136(e) and
SE, Washington, DC, between 9 a.m. and 31315, the following 35 individuals
DEPARTMENT OF TRANSPORTATION 5 p.m., e.t., Monday through Friday, have satisfied the renewal conditions for
except Federal holidays. obtaining an exemption from the vision
Federal Motor Carrier Safety Privacy Act: In accordance with 5 requirement in the FMCSRs for
Administration U.S.C. 553(c), DOT solicits comments interstate CMV drivers (65 FR 78256; 66
from the public to better inform its FR 16311; 66 FR 30502; 66 FR 41654;
[Docket No. FMCSA–1998–4334; FMCSA–
1999–5578; FMCSA–2000–8398; FMCSA–
rulemaking process. DOT posts these 68 FR 13360; 68 FR 44837; 70 FR 17504;
2001–9561; FMCSA–2003–14504; FMCSA– comments, without edit, including any 70 FR 25878; 70 FR 30997; 70 FR 41811;
2003–14504; FMCSA–2003–15268; FMCSA– personal information the commenter 72 FR 12666; 72 FR 21313; 72 FR 25831;
2005–20560; FMCSA–2005–21254; FMCSA– provides, to http://www.regulations.gov, 72 FR 27624; 72 FR 28093; 72 FR 32703;
2007–27333; FMCSA–2007–27515; FMCSA– as described in the system of records 72 FR 40362; 74 FR 19270; 74 FR 23472;
2007–27897; FMCSA–2007–28695; FMCSA– notice (DOT/ALL–14 FDMS), which can 74 FR 26461; 74 FR 26464; 74 FR 34395;
2009–0121; FMCSA–2009–0154; FMCSA– be reviewed at http://www.dot.gov/ 74 FR 34630; 76 FR 25762; 76 FR 25766;
2011–0092; FMCSA–2011–0124; FMCSA– privacy. 76 FR 32017; 76 FR 34135; 76 FR 37168;
2011–0140; FMCSA–2011–0141; FMCSA–
2013–0027; FMCSA–2013–0028; FMCSA– II. Background 76 FR 37169; 76 FR 37885; 76 FR 44652;
2013–0029; FMCSA–2013–0030; FMCSA– 76 FR 50318; 78 FR 24798; 78 FR 26106;
On June 18, 2018, FMCSA published 78 FR 27281; 78 FR 32708; 78 FR 34140;
2014–0007; FMCSA–2014–0300; FMCSA–
2014–0304; FMCSA–2015–0048; FMCSA–
a notice announcing its decision to 78 FR 34143; 78 FR 37270; 78 FR 41188;
2015–0052; FMCSA–2015–0053; FMCSA– renew exemptions for 86 individuals 78 FR 41975; 78 FR 46407; 78 FR 51269;
2015–0055] from the vision requirement in 49 CFR 78 FR 52602; 78 FR 56986; 78 FR 56993;
391.41(b)(10) to operate a CMV in 79 FR 4531; 79 FR 38659; 79 FR 53514;
Qualification of Drivers; Exemption interstate commerce and requested 80 FR 2473; 80 FR 14223; 80 FR 18693;
Applications; Vision comments from the public (83 FR 80 FR 26139; 80 FR 26320; 80 FR 29154;
28307). The public comment period 80 FR 31640; 80 FR 33007; 80 FR 33009;
AGENCY: Federal Motor Carrier Safety ended on July 18, 2018, and no
Administration (FMCSA), DOT. 80 FR 33011; 80 FR 35699; 80 FR 36395;
comments were received. 80 FR 37718; 80 FR 40122; 80 FR 44185;
ACTION: Notice of final disposition. As stated in the previous notice, 80 FR 44188; 80 FR 48404; 80 FR 48409;
FMCSA has evaluated the eligibility of 80 FR 50917; 80 FR 62161; 80 FR
SUMMARY: FMCSA announces its these applicants and determined that
decision to renew exemptions for 86 62163):
renewing these exemptions would
individuals from the vision requirement Robert D. Arkwright (MS)
achieve a level of safety equivalent to or
in the Federal Motor Carrier Safety Roger Bell (IL)
greater than the level that would be Phillip J. Boes (MN)
Regulations (FMCSRs) for interstate achieved by complying with the current
commercial motor vehicle (CMV) Dale E. Bunke (ID)
regulation 49 CFR 391.41(b)(10). Daniel G. Cohen (VT)
drivers. The exemptions enable these The physical qualification standard
individuals to continue to operate CMVs Jeffrey W. Cotner (OR)
for drivers regarding vision found in 49 Jeffrey S. Daniel (VA)
in interstate commerce without meeting CFR 391.41(b)(10) states that a person is
the vision requirement in one eye. John J. Davis (SC)
physically qualified to drive a CMV if Roy H. Degner (IA)
daltland on DSKBBV9HB2PROD with NOTICES
DATES: Each group of renewed that person has distant visual acuity of David S. Devine (ID)
exemptions were applicable on the at least 20/40 (Snellen) in each eye John C. Dimassa (WA)
dates stated in the discussions below without corrective lenses or visual Mark J. Dufresne (NH)
and will expire on the dates stated in acuity separately corrected to 20/40 Donnie H. Eagle (WV)
the discussions below. (Snellen) or better with corrective Dennis C. Edler (PA)
FOR FURTHER INFORMATION CONTACT: Ms. lenses, distant binocular acuity of a least Steven G. Garrett (CA)
Christine A. Hydock, Chief, Medical 20/40 (Snellen) in both eyes with or Eric M. Grayson (KY)
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Document Created: 2018-08-15 01:25:18
Document Modified: 2018-08-15 01:25:18
| 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 40632 |
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