Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
20 April 2021

[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20594-20595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08065]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0005]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of denials.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny applications from 28 
individuals who requested an exemption from the vision standard in the 
Federal Motor Carrier Safety Regulations (FMCSRs) to operate a 
commercial motor vehicle (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. If you have 
questions regarding viewing materials in the docket, contact Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2021-0005, in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.'' If you do not have access 
to the internet, you may view the docket online by visiting Dockets 
Operations in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

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.transportation.gov/privacy.

[[Page 20595]]

II. Background

    FMCSA received applications from 28 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 Sec.  391.41(b)(10).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. FMCSA grants exemptions from the FMCSRs for a 2-year period 
to align with the maximum duration of a driver's medical certification.
    The Agency's decision regarding these exemption applications is 
based on medical reports about the applicants' vision, as well as their 
driving records and experience driving with the vision deficiency.

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 Sec.  391.41(b)(10). 
Therefore, the 28 applicants in this notice have been denied exemptions 
from the physical qualification standards in Sec.  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 16 applicants had no experience operating a CMV:

Jamarion D. Allen (TX)
Said Atrach (FL)
Brandon P. Bryant (CA)
Kenneth J. Dever (PA)
Jason R. Ewing (IL)
Steven D. Gann (GA)
Sebastien C. Guilbot (MD)
Jeremy J. Lawrence Davis (FL)
Jeffrey C. Layer (MN)
Silas Lee (NC)
Jay W. Magnuson (WA)
Jeremy H. Norton (CT)
Keith F. Reynolds (OK)
Richard D. Shofner (MN)
Lawrence N. Tuihalamaka (ND)
Jason R. Wolf (CO)

    The following six applicants did not have 3 years of experience 
driving a CMV on public highways with their vision deficiencies:

Bradley F. Bodeker (FL)
Ian Coleman (WA)
Dave Counts (IN)
John L. Horvath (MI)
Brandon A. Oldro (MO)
Conner B. Todd (NE)

    The following three applicants did not have 3 years of recent 
experience driving a CMV on public highways with their vision 
deficiencies:

Davis J. Charles (AL); David Hunt (AR); and Hector A. Mercado (FL)

    The following two applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions (gaps in driving record):

William Y. Gomez Denis (FL); and Reniery A. Mendez Erazo (MO)

    The following applicant was denied for multiple reasons:

Sandra K. Macklen (SC)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-08065 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-EX-P