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)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56908-56909 | |
| FR Document | 2018-24849 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
| 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., ET, Monday through Friday, except Federal holidays. | |
| FR Citation | 83 FR 56908 |
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