Qualification of Drivers; Exemption Applications; Vision, 77945-77947 [2010-31267]

Download as PDF Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices convictions for moving violations in a CMV. Ricky L. Watts Mr. Watts, 49, has had macular scarring in his left eye since 2002. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/400. Following an examination in 2010, his optometrist noted, ‘‘He meets the requirements of the State of Florida to be able to drive safely, and I see no reason for him to have any visual hindrance to interstate commercial driving.’’ Mr. Watts reported that he has driven tractor-trailer combinations for 24 years, accumulating 1.8 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows one crash, for which he was cited, and one conviction for a moving violation in a CMV; careless driving. Cameron R. Whitford Mr. Whitford, 50, has had a prosthetic right eye since childhood. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2010, his optometrist noted, ‘‘Cameron Whitford in my opinion has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Whitford reported that he has driven straight trucks for 6 years, accumulating 240,000 miles. He holds a Class B CDL from New York. His driving record for the last 3 years shows one crash, for which he was not cited, and no convictions for moving violations in a CMV. Olen L. Williams, Jr. Mr. Williams, 59, has had ischemic optic neuropathy in his left eye since 2003. The best corrected visual acuity in his right eye is 20/25 and in his left eye, count-finger vision. Following an examination in 2010, his optometrist noted, ‘‘In my opinion Mr. Williams has sufficient vision to operate any commercial motor vehicle safely and efficiently.’’ Mr. Williams reported that he has driven tractor-trailer combinations for 34 years, accumulating srobinson on DSKHWCL6B1PROD with NOTICES Tonny Bailey Charles J. Dawber Richard C. Dickinson Harold L. Elders 5.1 million miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and one conviction for a moving violation. He exceeded the speed limit by 10 mph. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business January 13, 2011. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: December 6, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–31263 Filed 12–13–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 103 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement SUMMARY: if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. Dr. Mary D. Gunnels, Director Medical Programs, 202–366–4001, U.S. Department of Transportation, FMCSA, 1200 New Jersey Avenue, SE., Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period 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 procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 103 individual exemption requests on their merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in 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 11 applicants lacked sufficient driving experience during the 3-year period prior to the date of their applications: Randall S. Grauer Darrell A. Harmon Thomas W. Keel, Jr. Jay Rider Wesley A. Roberson David M. Taylor David M. Wcisel William Chisley William Cusano Shelby B. Richardson Keith M.Vanderhyde The following 7 applicants had no experience operating a CMV: Floyd Aldridge Stanly J. Baumann Janie Burford VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 77945 E:\FR\FM\14DEN1.SGM 14DEN1 77946 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices CMV on public highways with the vision deficiency: Dwight D. Andersen William M. Bell Barry Bunker John P. Chuda David L. Ellis Darrel E. Graumann Ronald Hutchins James Jaramillo Kenneth P. Littlefield Ricardo A. Montano George Edward Mulherrin III Mark Paugh James Perusse Larry Robins Stanley W. Rowden Clayton Slone The following 6 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency: Ronald C. Ashley John E. Cahall Anthony Chastain Terrance J. Hurley The following 18 applicants did not have sufficient driving experience during the past 3 years under normal highway operating conditions: Raymond W. Anderson Andres Castanon, Jr. Dickie R. Clough Scott A. Cole Richard W. Futrell Carlos R. Galarza Steve Garrett Marc D. Groszkrueger Darris Hardwidge Shawn M. Hebert Milan Jokic Douglas Jones The following 3 applicants had more than 2 commercial motor vehicle violations during the application process. Each applicant is only allowed 2 moving citations: Wesley M. Creamer Gregory C. Simmons Christopher J. Van Dyke One applicant, William E. Woodhouse, has other medical conditions making him unqualified under Federal Motor Carrier Safety Regulations. All applicants must meet all other physical qualifications standards in 49 CFR 391.41(b)(1–13). Two applicants, Shorty Ellis and Charles J. Kruggel, had commercial driver’s license suspensions during the 3-year review period for moving violations. Applicants do not qualify for an exemption with a suspension during the 3-year period. One applicant, James F. Partin, did not have verifiable proof of commercial driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance. The following 5 applicants were denied for miscellaneous/multiple reasons: Samuel Golden David W. Herbert Matthew B. Lairamore Gerald Lord John Thomas White, Jr. The following 16 applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision: Anthony Benally Larry D. Cooper Sid L. Crumpton Gerald Davis Eric N. Fitzgerald Larry D. Cooper Craig R. Gross Ray O. Howell Ervin A. Kope Fernando M. Magana Ignacio V. Maldonado Richard G. Myers Gaylon Nelson Brian J. Ruzalski Travis Stroming Todd M. Sucharda Scott M. Tommen One applicant, Thomas D. Laws, was issued a medical certificate for 3 months. Applicants with a medical srobinson on DSKHWCL6B1PROD with NOTICES The following 24 applicants did not have 3 years of experience driving a certificate valid for less than 6 months do not meet the exemption program eligibility criteria. The following 7 applicants drove interstate while restricted to intrastate driving: John Gallagher Derrick A. Hardy John F. Murphy Steven R. Parker Jay L. Pendergas Mohammad Suhail Michael Watters VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 PO 00000 Frm 00126 Fmt 4703 Michael R. Spieth Troy M. Standifer Alan D. Strain Ronald R. Sumpter George G. Ulferts, Jr. Michael S. Westervelt Michael P. Witkowski Brian P. Wunn Allen L. Segotta Kevin Weaver Wayne A. LeClaire Christopher J. McCulla Darrell Rogers Karl H. Strangfeld Jacob E. Wadewitz Stephen H. Ward Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices Finally, one applicant, Wilford Mendoza, will not be driving interstate, interstate commerce, or not required to carry a DOT medical card. Issued on: December 6, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–31267 Filed 12–13–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0386] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus standard; request for comments. AGENCY: FMCSA announces receipt of applications from 17 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before January 13, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0386 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. srobinson on DSKHWCL6B1PROD with NOTICES DATES: VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. Dr. Mary D. Gunnels, Director, Medical Programs, (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., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-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.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 17 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by the statutes. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 77947 Qualifications of Applicants Richard B. Angus Mr. Angus, age 55, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Angus meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A operator’s license from Wisconsin. James T. Bezold Mr. Bezold, 34, has had ITDM since 2003. His endocrinologist examined him in 2010 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Bezold meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Kentucky. Allen C. Cornelius Mr. Cornelius, 53, has had ITDM since age 9. His endocrinologist examined him in 2010 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Cornelius meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Delaware. E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77945-77947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31267]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its denial of 103 applications from 
individuals who requested an exemption from the Federal vision standard 
applicable to interstate truck and bus drivers and the reasons for the 
denials. FMCSA has statutory authority to exempt individuals from the 
vision requirement if the exemptions granted will not compromise 
safety. The Agency has concluded that granting these exemptions does 
not provide a level of safety that will be equivalent to, or greater 
than, the level of safety maintained without the exemptions for these 
commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director Medical 
Programs, 202-366-4001, U.S. Department of Transportation, FMCSA, 1200 
New Jersey Avenue, SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal vision standard for a renewable 2-year period 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 procedures for requesting an exemption 
are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 103 individual exemption requests on 
their merit and made a determination that these applicants do not 
satisfy the criteria eligibility or meet the terms and conditions of 
the Federal exemption program. Each applicant has, prior to this 
notice, received a letter of final disposition on the exemption 
request. Those decision letters fully outlined the basis for the denial 
and constitute final Agency action. The list published in 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 11 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their applications:

Tonny Bailey             Randall S. Grauer        Wesley A. Roberson
Charles J. Dawber        Darrell A. Harmon        David M. Taylor
Richard C. Dickinson     Thomas W. Keel, Jr.      David M. Wcisel
Harold L. Elders         Jay Rider
 

    The following 7 applicants had no experience operating a CMV:

Floyd Aldridge           William Chisley          Keith M.Vanderhyde
Stanly J. Baumann        William Cusano
Janie Burford            Shelby B. Richardson
 


[[Page 77946]]

    The following 24 applicants did not have 3 years of experience 
driving a CMV on public highways with the vision deficiency:

Dwight D. Andersen       Kenneth P. Littlefield   Michael R. Spieth
William M. Bell          Ricardo A. Montano       Troy M. Standifer
Barry Bunker             George Edward Mulherrin  Alan D. Strain
                          III
John P. Chuda            Mark Paugh               Ronald R. Sumpter
David L. Ellis           James Perusse            George G. Ulferts, Jr.
Darrel E. Graumann       Larry Robins             Michael S. Westervelt
Ronald Hutchins          Stanley W. Rowden        Michael P. Witkowski
James Jaramillo          Clayton Slone            Brian P. Wunn
 

    The following 6 applicants did not have 3 years of recent 
experience driving a CMV with the vision deficiency:

Ronald C. Ashley         Anthony Chastain         Allen L. Segotta
John E. Cahall           Terrance J. Hurley       Kevin Weaver
 

    The following 18 applicants did not have sufficient driving 
experience during the past 3 years under normal highway operating 
conditions:

Raymond W. Anderson      Steve Garrett            Wayne A. LeClaire
Andres Castanon, Jr.     Marc D. Groszkrueger     Christopher J. McCulla
Dickie R. Clough         Darris Hardwidge         Darrell Rogers
Scott A. Cole            Shawn M. Hebert          Karl H. Strangfeld
Richard W. Futrell       Milan Jokic              Jacob E. Wadewitz
Carlos R. Galarza        Douglas Jones            Stephen H. Ward
 

    The following 3 applicants had more than 2 commercial motor vehicle 
violations during the application process. Each applicant is only 
allowed 2 moving citations:

Wesley M. Creamer        Gregory C. Simmons       Christopher J. Van
                                                   Dyke
 

    One applicant, William E. Woodhouse, has other medical conditions 
making him unqualified under Federal Motor Carrier Safety Regulations. 
All applicants must meet all other physical qualifications standards in 
49 CFR 391.41(b)(1-13).
    Two applicants, Shorty Ellis and Charles J. Kruggel, had commercial 
driver's license suspensions during the 3-year review period for moving 
violations. Applicants do not qualify for an exemption with a 
suspension during the 3-year period.
    One applicant, James F. Partin, did not have verifiable proof of 
commercial driving experience over the past 3 years under normal 
highway operating conditions that would serve as an adequate predictor 
of future safe performance.
    The following 5 applicants were denied for miscellaneous/multiple 
reasons:

Samuel Golden            Matthew B. Lairamore     John Thomas White, Jr.
David W. Herbert         Gerald Lord
 

    The following 16 applicants met the current federal vision 
standards. Exemptions are not required for applicants who meet the 
current regulations for vision:

Anthony Benally          Craig R. Gross           Gaylon Nelson
Larry D. Cooper          Ray O. Howell            Brian J. Ruzalski
Sid L. Crumpton          Ervin A. Kope            Travis Stroming
Gerald Davis             Fernando M. Magana       Todd M. Sucharda
Eric N. Fitzgerald       Ignacio V. Maldonado     Scott M. Tommen
Larry D. Cooper          Richard G. Myers
 

    One applicant, Thomas D. Laws, was issued a medical certificate for 
3 months. Applicants with a medical certificate valid for less than 6 
months do not meet the exemption program eligibility criteria.
    The following 7 applicants drove interstate while restricted to 
intrastate driving:

John Gallagher           Steven R. Parker         Michael Watters
Derrick A. Hardy         Jay L. Pendergas
John F. Murphy           Mohammad Suhail
 


[[Page 77947]]

    Finally, one applicant, Wilford Mendoza, will not be driving 
interstate, interstate commerce, or not required to carry a DOT medical 
card.

    Issued on: December 6, 2010.
 Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-31267 Filed 12-13-10; 8:45 am]
BILLING CODE 4910-EX-P
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