Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
18 April 2019
[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16335-16336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07789]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0007]
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 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, 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-2019-0007, 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 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 than, 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
[[Page 16336]]
applicant's medical information provided by the applicant.
IV. Conclusion
The Agency has determined that these applicants do not satisfy the
eligibility criteria 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 three applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions:
David A. Farmer (SC); Thomas J. Johnston (TX); and Robert F. LaMark
(PA)
The following 42 applicants had no experience operating a CMV:
Danny L. Abraham (GA)
Kentrell L. Alexander (LA)
Marc A. Alt (NC)
Henry G. Boles (TX)
Justin D. Buetow (MN)
Carlos Candelario (CA)
Zachary D. Coots (KY)
James J. Corr (NE)
David L. Cousin (TN)
Alan C. Cox (IL)
Brian Downton (NY)
Stephen S. Evans (KS)
Lasheika E. Felton (FL)
Jacob P. Lennington (MN)
Angela M. Levin (IL)
Abdilatif D. Malishe (NY)
Chad J. Michels (IA)
Patricia A. Minnich (WA)
Edward E. Morris (TX)
Julio C. Orellana (TX)
Nelson D. Perry (VT)
Brian M. Porter (IL)
Larry D. Porter (IA)
William B. Postel (IN)
De'Warren J. Reaves (MD)
David L. Reid (CO)
Charles D. Reynolds (NC)
Robert L. Rider (VA)
Herbert D. Ryan (AL)
Jesus A. Sanchez-Galvan (GA)
Justin D. Savio (NJ)
Joshua G. Seabolt (GA)
Judson Sejour (FL)
Ahmad Shirin (NC)
Larry W. Stephenson (WA)
Jason Thomas (AL)
Giovany M. Torres Aleman (TX)
Patrick J. Walkey (OH)
Alex L. Wanechek (WA)
Ernest J. Ward (FL)
Daniel L. White (WA)
Justin D. White (KS)
The following 17 applicants did not have three years of experience
driving a CMV on public highways with their vision deficiencies:
Robert M. Adams (KY)
Charles V. Adcock (WA)
Yordan Belaunzaran (FL)
Mack A. Franks (IL)
Danny C. Henrichs (MT)
Terry W. Kelly (OR)
Andrew E. Kroll (IL)
Earl D. Lilley (TX)
Michael D. Marshall (ME)
James E. McLaughlin (IN)
Ted E. Parker (IL)
Michael R. Patrick (CO)
Candelario M. Peraza (WA)
Iurii V. Perkov (OR)
Joe S. Price (NC)
Steven L. Voigt (IL)
Randell N. Wallis (CO)
The following eight applicants did not have three years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Donald Carrillo (NM)
Thomas H. Harnack (IA)
Elvin J. Horst (OH)
Clarence R. Keller (AL)
Brian D. Marlow (TN)
Dennis A. Mercer (IN)
Patrick Seaux (LA)
Lawrence A. Swatfager (ND)
The following three applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions (gaps in driving record):
Paul C. Bowen (WY); James D. Taylor (TN); and Michael J. Wells (NC)
The following applicant, Gary Nappier (VA), was charged with moving
violations in conjunction with CMV accidents.
The following applicant, Steven A. Schaumberg (NJ), contributed to
accident(s) in which the applicant was operating a CMV, which is a
disqualifying offense.
The following two applicants did not hold a license that allowed
operation of vehicles over 26,000 lbs. for all or part of the three-
year review period:
Kevin R. Martin (IN); and Bryan J. Teaster (NC)
The following applicant, Carlos A. Melendez (MD), 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 15 applicants were denied for multiple reasons:
Larry D. Bowman (CA)
Arturo Garcia (IN)
John F. Janicki (MI)
Christopher R. Marden (NH)
Christian R. McHenry (IN)
John W. McNeel (AL)
Jerrell Mitchell (CA)
Dean E. Prindle (MI)
Saul Quintero (IN)
Richard R. Roggeman (IN)
Robert L. Schwartz (ND)
Tanveer Siddiq (NJ)
Christopher T. Sides (ME)
Robert Tichauer (PA)
Ronnie D. Van Zant (VA)
The following eight applicants have not had stable vision for the
preceding three-year period:
William M. Batten (TX)
Dale O. Hoover (PA)
Shawn R. Leasy (ID)
George W. Luster (AL)
Lonnie A. Neimeister (OH)
Donald E. Ratliff (KY)
Patricia D. Wallace (MI)
Barry Young (PA)
The following two applicants drove interstate while restricted to
intrastate driving:
Michael D. Cameron (GA); and Terrence H. Flick (IL).
Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07789 Filed 4-17-19; 8:45 am]
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