83_FR_57128 83 FR 56908 - Qualification of Drivers; Exemption Applications; Vision

83 FR 56908 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56908-56909
FR Document2018-24849

FMCSA announces its decision to deny applications from 77 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 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56908-56909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24849]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0019]


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 decision to deny applications from 77 
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., 
ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0019, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    FMCSA received applications from 77 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 77 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 three applicants did not have sufficient driving 
experience over the past three years under normal highway operating 
conditions:

Sallie R. Brenner (TX); Kenneth R. Jordan (IL); and Jackie R. Karst 
(MS)

    The following 36 applicants had no experience operating a CMV:

Scott A. Allnutt (KY)
Linas Brock (LA)
Landon M. Brown (CA)
Shaletta C. Buford (TN)
Jackueline D. Bullock (TX)
Peter K. Chege (MN)
Christopher J. Dantoni (PA)
Catherine Davis (IL)
Davidson Dorce (FL)
Jimi L. Engler (OH)
Kevin Ezell (CA)
Darrien W. Ferrell (IL)
Terrence H. Flick (IL)
Lonnie R. Gale (MD)
Liliana Gonzalez (IL)
Raheel Hameed (IL)
Jemminson R. Homesombath (CA)
Billy M. Lamb (MI)
Brian J. Loch (MN)
Eli Mast (ND)
Israel W. McAfee (VA)
Lamar P. Moore (IL)
Amanda M. Morse (IL)
Nicolas R. Motta (NC)
Bryan C. Pratt (PA)
Harold B. Rainwater (MO)
Ashley L. Reed (AR)
Keith G. Roberts (OH)
Sinisa Sabljic (NV)
Selemani A. Said (VA)
Joseph E. Saint Jean (NY)
Allen D. Sedwick (AR)
Ronald W. Smith (TX)
Ryan J. Smith (PA)
Kip R. Stringer (OR)
Jerred L. Thomas (OK)

    The following 11 applicants did not have three years of experience 
driving a CMV on public highways with their vision deficiencies:

Bruce Banwell (IA)
Anthony C. Bears (MO)
Donald D. Brown (NC)
Ray E. Caldwell (WA)
Robert Evans (NH)
Harold J. Hughes (FL)
David E. Nelson (ID)
Perry E. Principi (MS)
Peter J. Urlacher (WA)

[[Page 56909]]

John A. Valusek (ND)
Owen W. Witmer (PA)

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

Monte L. Albrecht (CO)
Gary J. Bouchard (ME)
Henry Darden (MD)
Mark P. Gilbert (MT)
Charles W. McClister (PA)
Jason J. Oaks (SD)
James L. Ross (TX)
Mark J. Simmer (MA)

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

Robert J. Campbell (ND)
Timothy V. Compton (CA)
Jordan D. Mahoney (MN)
Gale L. O'Neil (PA)
Gary Peach (IN)

    The following applicant, Christopher T. Sides (ME), contributed to 
accident(s) in which the applicant was operating a CMV, which is a 
disqualifying offense.
    The following applicant, Keith Hauenstein (PA), 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 seven applicants were denied for multiple reasons:

McVay Chambers (LA)
Narciso L. Ferreira (ID)
Nicholas Piscitelli (NJ)
Louis J. Scheele (IN)
Terry A. Smith (IA)
James H. Ward (NC)
Dana J. York (PA)

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

Plynie A. Deen (GA); and Bret A. Herbolsheimer (WA)

    The following three applicants drove interstate while restricted to 
intrastate driving:

Raul Alcalde (CA); Joseph N. Fulton (SC); and Heriberto R. Perez (TX)

    Issued on: November 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24849 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-EX-P



     56908                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     FR 40624): Samuel Beverly (VA) and                      Next, click the ‘‘Open Docket Folder’’                   Each applicant has, prior to this
     Michael Duprey (CT).                                    button and choose the document to                     notice, received a letter of final
       The drivers were included in docket                   review. If you do not have access to the              disposition regarding his/her exemption
     numbers FMCSA 2012–0294 and                             internet, you may view the docket                     request. Those decision letters fully
     FMCSA–2013–0442. Their exemptions                       online by visiting the Docket                         outlined the basis for the denial and
     are applicable as of July 8, 2018, and                  Management Facility in Room W12–140                   constitute final action by the Agency.
     will expire on July 8, 2020.                            on the ground floor of the DOT West                   This notice summarizes the Agency’s
       In accordance with 49 U.S.C. 31315,                   Building, 1200 New Jersey Avenue SE,                  recent denials as required under 49
     each exemption will be valid for two                    Washington, DC 20590, between 9 a.m.                  U.S.C. 31315(b)(4) by periodically
     years from the effective date unless                    and 5 p.m., ET, Monday through Friday,                publishing names and reasons for
     revoked earlier by FMCSA. The                           except Federal holidays.                              denial.
     exemption will be revoked if the                                                                                 The following three applicants did
     following occurs: (1) The person fails to               B. Privacy Act
                                                                                                                   not have sufficient driving experience
     comply with the terms and conditions                      In accordance with 5 U.S.C. 553(c),                 over the past three years under normal
     of the exemption; (2) the exemption has                 DOT solicits comments from the public                 highway operating conditions:
     resulted in a lower level of safety than                to better inform its rulemaking process.              Sallie R. Brenner (TX); Kenneth R.
     was maintained prior to being granted;                  DOT posts these comments, without                        Jordan (IL); and Jackie R. Karst (MS)
     or (3) continuation of the exemption                    edit, including any personal information                 The following 36 applicants had no
     would not be consistent with the goals                  the commenter provides, to                            experience operating a CMV:
     and objectives of 49 U.S.C. 31136 and                   www.regulations.gov, as described in
     31315.                                                                                                        Scott A. Allnutt (KY)
                                                             the system of records notice (DOT/ALL–
                                                                                                                   Linas Brock (LA)
       Issued on: November 5, 2018.                          14 FDMS), which can be reviewed at
                                                                                                                   Landon M. Brown (CA)
     Larry W. Minor,                                         www.dot.gov/privacy.                                  Shaletta C. Buford (TN)
     Associate Administrator for Policy.                     II. Background                                        Jackueline D. Bullock (TX)
     [FR Doc. 2018–24844 Filed 11–13–18; 8:45 am]                                                                  Peter K. Chege (MN)
                                                                FMCSA received applications from 77                Christopher J. Dantoni (PA)
     BILLING CODE 4910–EX–P
                                                             individuals who requested an                          Catherine Davis (IL)
                                                             exemption from the vision standard in                 Davidson Dorce (FL)
     DEPARTMENT OF TRANSPORTATION                            the FMCSRs. FMCSA has evaluated the                   Jimi L. Engler (OH)
                                                             eligibility of these applicants and                   Kevin Ezell (CA)
     Federal Motor Carrier Safety                            concluded that granting these                         Darrien W. Ferrell (IL)
     Administration                                          exemptions would not provide a level of               Terrence H. Flick (IL)
                                                             safety that would be equivalent to or                 Lonnie R. Gale (MD)
     [Docket No. FMCSA–2018–0019]
                                                             greater than, the level of safety that                Liliana Gonzalez (IL)
     Qualification of Drivers; Exemption                     would be obtained by complying with                   Raheel Hameed (IL)
     Applications; Vision                                    the regulation 49 CFR 391.41(b)(10).                  Jemminson R. Homesombath (CA)
                                                             III. Basis for Exemption Determination                Billy M. Lamb (MI)
     AGENCY: Federal Motor Carrier Safety                                                                          Brian J. Loch (MN)
     Administration (FMCSA), DOT.                               Under 49 U.S.C.31136 (e) and 31315,                Eli Mast (ND)
     ACTION: Notice of denials.                              FMCSA may grant an exemption if it                    Israel W. McAfee (VA)
                                                             finds such an exemption would likely                  Lamar P. Moore (IL)
     SUMMARY:   FMCSA announces its                          achieve a level of safety that is                     Amanda M. Morse (IL)
     decision to deny applications from 77                   equivalent to, or greater then, the level             Nicolas R. Motta (NC)
     individuals who requested an                            that would be achieved absent such an                 Bryan C. Pratt (PA)
     exemption from the vision standard in                   exemption.                                            Harold B. Rainwater (MO)
     the Federal Motor Carrier Safety                                                                              Ashley L. Reed (AR)
                                                                The Agency’s decision regarding these
     Regulations (FMCSRs) to operate a CMV                                                                         Keith G. Roberts (OH)
                                                             exemption applications is based on the
     in interstate commerce.                                                                                       Sinisa Sabljic (NV)
                                                             eligibility criteria, the terms and
     FOR FURTHER INFORMATION CONTACT: Ms.                                                                          Selemani A. Said (VA)
                                                             conditions for Federal exemptions, and
     Christine A. Hydock, Chief, Medical                     an individualized assessment of each                  Joseph E. Saint Jean (NY)
     Programs Division, (202) 366–4001,                      applicant’s medical information                       Allen D. Sedwick (AR)
     fmcsamedical@dot.gov, FMCSA,                            provided by the applicant.                            Ronald W. Smith (TX)
     Department of Transportation, 1200                                                                            Ryan J. Smith (PA)
     New Jersey Avenue SE, Room W64–224,                     IV. Conclusion                                        Kip R. Stringer (OR)
     Washington, DC 20590–0001. Office                          The Agency has determined that these               Jerred L. Thomas (OK)
     hours are from 8:30 a.m. to 5 p.m., ET,                 applicants do not satisfy the criteria                   The following 11 applicants did not
     Monday through Friday, except Federal                   eligibility or meet the terms and                     have three years of experience driving a
     holidays.                                               conditions of the Federal exemption and               CMV on public highways with their
     SUPPLEMENTARY INFORMATION:                              granting these exemptions would not                   vision deficiencies:
     I. Public Participation                                 provide a level of safety that would be               Bruce Banwell (IA)
                                                             equivalent to or greater than, the level              Anthony C. Bears (MO)
     A. Viewing Documents and Comments                       of safety that would be obtained by                   Donald D. Brown (NC)
       To view comments, as well as any                      complying with the regulation 49 CFR                  Ray E. Caldwell (WA)
     documents mentioned in this notice as                   391.41(b)(10). Therefore, the 77                      Robert Evans (NH)
     being available in the docket, go to                    applicants in this notice have been                   Harold J. Hughes (FL)
     http://www.regulations.gov. Insert the                  denied exemptions from the physical                   David E. Nelson (ID)
     docket number, FMCSA–2018–0019, in                      qualification standards in 49 CFR                     Perry E. Principi (MS)
     the keyword box, and click ‘‘Search.’’                  391.41(b)(10).                                        Peter J. Urlacher (WA)


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                              Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                56909

     John A. Valusek (ND)                                    DEPARTMENT OF TRANSPORTATION                            All communications concerning these
     Owen W. Witmer (PA)                                                                                           proceedings should identify the
                                                             Federal Railroad Administration                       appropriate docket number and may be
       The following eight applicants did not                                                                      submitted by any of the following
     have three years of recent experience                   [Docket Number FRA–2018–0094]
                                                                                                                   methods:
     driving a CMV on public highways with
                                                             Notice of Application for Approval of                   • Website: http://
     their vision deficiencies:                                                                                    www.regulations.gov. Follow the online
                                                             Discontinuance or Modification of a
     Monte L. Albrecht (CO)                                  Railroad Signal System                                instructions for submitting comments.
                                                                                                                     • Fax: 202–493–2251.
     Gary J. Bouchard (ME)                                     Under part 235 of Title 49 of the Code                • Mail: Docket Operations Facility,
     Henry Darden (MD)                                       of Federal Regulations (CFR) and 49                   U.S. Department of Transportation, 1200
     Mark P. Gilbert (MT)                                    U.S.C. 20502(a), this document provides               New Jersey Avenue SE, W12–140,
     Charles W. McClister (PA)                               the public notice that on October 31,                 Washington, DC 20590.
                                                             2018, Canadian National Railway                         • Hand Delivery: 1200 New Jersey
     Jason J. Oaks (SD)                                      Company (CN) petitioned the Federal                   Avenue SE, Room W12–140,
     James L. Ross (TX)                                      Railroad Administration (FRA) seeking                 Washington, DC 20590, between 9 a.m.
     Mark J. Simmer (MA)                                     approval to discontinue or modify a                   and 5 p.m., Monday through Friday,
                                                             signal system. FRA assigned the petition              except Federal Holidays.
       The following five applicants did not                 Docket Number FRA–2018–0094.                            Communications received by
     have sufficient driving experience over                                                                       December 31, 2018 will be considered
     the past three years under normal                       Applicant: Canadian National Railway
                                                               Company, Mr. Tom Hilliard, Assistant                by FRA before final action is taken.
     highway operating conditions (gaps in                                                                         Comments received after that date will
     driving record):                                          Chief S&C—Southern Region, 17641 S
                                                               Ashland Avenue, Homewood, IL                        be considered if practicable.
     Robert J. Campbell (ND)                                                                                         Anyone can search the electronic
                                                               60430.
                                                                                                                   form of any written communications
     Timothy V. Compton (CA)                                   The U.S.-based operating railroad                   and comments received into any of our
     Jordan D. Mahoney (MN)                                  subsidiary of CN, Illinois Central                    dockets by the name of the individual
     Gale L. O’Neil (PA)                                     Railroad Company requests approval to                 submitting the comment (or signing the
                                                             permanently remove the Automatic                      document, if submitted on behalf of an
     Gary Peach (IN)                                         Block Signal (ABS) system between                     association, business, labor union, etc.).
       The following applicant, Christopher                  Mile Post (MP) 725.9 on the Canton                    In accordance with 5 U.S.C. 553(c), DOT
     T. Sides (ME), contributed to accident(s)               Subdivision and MP 728.6 on the                       solicits comments from the public to
     in which the applicant was operating a                  McComb Subdivision, located near                      better inform its processes. DOT posts
     CMV, which is a disqualifying offense.                  Jackson, Mississippi.                                 these comments, without edit, including
       The following applicant, Keith                          CN states the reason for the proposed               any personal information the
     Hauenstein (PA), did not have an                        change is that the track connection with              commenter provides, to
     optometrist or ophthalmologist willing                  Yazoo and McComb Subdivisions has                     www.regulations.gov, as described in
     to make a statement that they are able                  been retired so the Canton Subdivision                the system of records notice (DOT/ALL–
     to operate a commercial vehicle from a                  does not connect with Yazoo                           14 FDMS), which can be reviewed at
     vision standpoint.                                      Subdivision or McComb Subdivision at                  www.dot.gov/privacy. See also http://
                                                             this location. This makes the ABS                     www.regulations.gov/#!privacyNotice
       The following seven applicants were                   system unnecessary for a stub track.
     denied for multiple reasons:                                                                                  for the privacy notice of regulations.gov.
                                                             Operation over this territory will be
     McVay Chambers (LA)                                     conducted using Yard Limit United                       Issued in Washington, DC.
                                                             States Operating Rule requirements.                   Robert C. Lauby,
     Narciso L. Ferreira (ID)
                                                               A copy of the petition, as well as any              Associate Administrator for Railroad Safety
     Nicholas Piscitelli (NJ)                                                                                      Chief Safety Officer.
                                                             written communications concerning the
     Louis J. Scheele (IN)                                   petition, is available for review online at           [FR Doc. 2018–24826 Filed 11–13–18; 8:45 am]
     Terry A. Smith (IA)                                     www.regulations.gov and in person at                  BILLING CODE 4910–06–P

     James H. Ward (NC)                                      the U.S. Department of Transportation’s
                                                             (DOT) Docket Operations Facility, 1200
     Dana J. York (PA)                                                                                             DEPARTMENT OF TRANSPORTATION
                                                             New Jersey Avenue SE, W12–140,
       The following two applicants have                     Washington, DC 20590. The Docket
                                                                                                                   Federal Railroad Administration
     not had stable vision for the preceding                 Operations Facility is open from 9 a.m.
     three-year period:                                      to 5 p.m., Monday through Friday,                     [Docket No. FRA–2018–0008–N–9]
     Plynie A. Deen (GA); and Bret A.                        except Federal Holidays.
                                                               Interested parties are invited to                   Proposed Agency Information
       Herbolsheimer (WA)                                                                                          Collection Activities; Comment
                                                             participate in these proceedings by
       The following three applicants drove                  submitting written views, data, or                    Request
     interstate while restricted to intrastate               comments. FRA does not anticipate                     AGENCY:  Federal Railroad
     driving:                                                scheduling a public hearing in                        Administration (FRA), U.S. Department
     Raul Alcalde (CA); Joseph N. Fulton                     connection with these proceedings since               of Transportation (DOT).
       (SC); and Heriberto R. Perez (TX)                     the facts do not appear to warrant a                  ACTION: Notice of information collection;
                                                             hearing. If any interested parties desire             request for comment.
       Issued on: November 5, 2018.                          an opportunity for oral comment and a
     Larry W. Minor,                                         public hearing, they should notify FRA,               SUMMARY:  Under the Paperwork
     Associate Administrator for Policy.                     in writing, before the end of the                     Reduction Act of 1995 (PRA) and its
     [FR Doc. 2018–24849 Filed 11–13–18; 8:45 am]            comment period and specify the basis                  implementing regulations, FRA seeks
     BILLING CODE 4910–EX–P                                  for their request.                                    approval of the Information Collection


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Document Created: 2018-11-14 03:31:38
Document Modified: 2018-11-14 03:31:38
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 Citation83 FR 56908 

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