Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
14 November 2018

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56908-56909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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