Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
4 August 2021

[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 42007-42008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16541]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0009]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 27 
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, 
DOT, 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-2021-0009, 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.

II. Background

    FMCSA received applications from 27 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 27 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 applicant, Michael S. Hundley (KS), did not have 
sufficient driving experience over the past three years under normal 
highway operating conditions:
    The following 11 applicants had no experience operating a CMV:

Erik R. Almquist (NC)
Gregory M. Flowers (MS)
Alexander A.D. Garcia (CA)
Kenrick W. Hamilton (NV)
Cody R. Hare (PA)
Thomas W. Kurutz (PA)
William F. McEvoy (IL)
Kyle R. Mckenna (WA)
Joel R. Mitchell (FL)
Abdi S. Negeri (OR)
Merhawi Tesfay (NV)

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

Bryan J. Teaster (NC)
Robbie R. Austin (ID)
Owen R. Powell (WI)
Jared L. Coleman (VA)
Zachary J. Rowzee (MS)

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

Russell Askew (KS); Terrance A. Nicely (IN)

    The following three applicants did not have sufficient driving 
experience over the past 3 years under normal

[[Page 42008]]

highway operating conditions (gaps in driving record):

Mario A. Martinez Borroto (TX); James E. Marsh (UT); Donald L. Elsberry 
(IA)

    The following applicant, Charles D. Parks (OH), did not demonstrate 
the level of safety required for interstate driving (excessive moving/
non-moving violations during 3-year period).
    The following two applicants were denied for multiple reasons:

Jason Beer (NE); Armando Palomino Gonzalez (OK)

    The following applicant, Dave Counts (IN), has not had stable 
vision for the preceding 3-year period.
    The following applicant, Jatinder K. Mahi (CA), does not meet the 
vision standard in his better eye.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-16541 Filed 8-3-21; 8:45 am]
BILLING CODE 4910-EX-P