Qualification of Drivers; Exemption Applications; Vision, 25763-25764 [2011-11019]
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
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.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-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 procedures
for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
Exemption Decision
This notice addresses 25 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
25 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
jlentini on DSKJ8SOYB1PROD with NOTICES
Todd J. Berglund, Sr.
Robert A. Casson
Charles C. Chapman
Jeffery W. Cotner
Everett A. Doty
John K. Fank
Bobby G. Fletcher
Heather M.B. Gordon
Raymond G. Hayden
Robert E. Hendrick
Gene A. Lesher, Jr.
Wallace F. Mahan, Sr.
Anthony R. Miles
Eric E. Myers
Kenneth L. Nau
David W. Peterson
Randel G. Pierce
Timmy J. Pottenbaum
Manuel H. Sanchez
George D. Schell
David M. Stout
Kenneth E. Suter, Jr.
Thaddeus E. Temoney
Daniel R. Viscaya
Harold R. Wallace
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file and retains a copy of the
certification on his/her person while
driving for presentation to a duly
authorized Federal, State, or local
enforcement official. Each exemption
will be valid for two years unless
rescinded earlier by FMCSA. The
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17:22 May 04, 2011
Jkt 223001
exemption will be rescinded if: (1) The
person fails to comply with the terms
and conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 25 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 33406; 65 FR
57234; 65 FR 66286; 65 FR 78256; 66 FR
13825; 66 FR 16311; 67 FR 46016; 67 FR
57267; 67 FR 76439; 68 FR 10298; 68 FR
10300; 68 FR 10301; 68 FR 13360; 68 FR
19596; 69 FR 33997; 69 FR 61292; 69 FR
62741; 70 FR 2701; 70 FR 7545; 70 FR
12265; 70 FR 14747; 70 FR 17504; 70 FR
30997; 70 FR 16886; 70 FR 16887; 71 FR
62147; 71 FR 63379; 72 FR 180; 72 FR
1050; 72 FR 7812; 72 FR 9397; 72 FR
11426; 72 FR 12665; 72 FR 12666; 72 FR
27624; 72 FR 25831; 73 FR 78422; 74 FR
6211; 74 FR 7097: 74 FR 9329; 74 FR
11988; 74 FR 15584; 74 FR 15586; 74 FR
19270; 74 FR 21427). Each of these 25
applicants has requested renewal of the
exemption and has submitted evidence
showing that the vision in the better eye
continues to meet the standard specified
at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition,
a review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption standards.
These factors provide an adequate basis
for predicting each driver’s ability to
continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
Request for Comments
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by June 6,
2011.
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Fmt 4703
Sfmt 4703
25763
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 25
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Issued on: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–11007 Filed 5–4–11; 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 106 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
SUMMARY:
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05MYN1
25764
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
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:
jlentini on DSKJ8SOYB1PROD with NOTICES
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 106
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 4 applicants lacked
sufficient driving experience during the
3-year period prior to the date of their
applications:
Jerry Swedberg, James Marrone, Clinton
H. Ezell, Wanda Rivera.
The following 17 applicants had no
experience operating a CMV:
Howard Karrick, Alexander Tsvetkov,
Jamie Donald Daniels, Robert S.
Lewton, Michael A. Carson, Todd J.
Stubb, James Garvin, James McGlown,
Larry McKnight, Jr., Tommy Nguyen,
Fatos Syla, Bryan Baker, Ivan Castillo
Leon, Jared Matthew Bauer, Shaun
Adam Cahoon, John David Beebee,
Donald Cyrus Zwanzig.
The following 9 applicants did not
have 3 years of experience driving a
CMV on public highways with the
vision deficiency:
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17:22 May 04, 2011
Jkt 223001
Christopher Kahl, Althea Renita Dowell,
Steven DuBois, Steve Campbell,
Kenneth Trouth, Robert Hendricks,
Sam Antinora, Juan Curiel, Keith
Reed.
The following 12 applicants did not
have 3 years of recent experience
driving a CMV with the vision
deficiency:
Gary Aliff, Pedro Pulido, Oliver
Murphy, Jerome Smalls, Alan Jenkins,
Ryan Forsythe, Terry L. Randoll,
Edward Joseph Simanek III, Sven R.
Aragon, Joe Alfred Root, Gary L.
Smith, Arthur B. Wolf.
The following 7 applicants did not
have sufficient driving experience
during the past 3 years under normal
highway operating conditions:
Robert Salazar, Evan Anderson, John
Lunsford, Jerome Sheets, Robert Seals,
James Lucas, Gregory T. Grierson.
The following 2 applicants do not
have sufficient peripheral vision in the
better eye to qualify for an exemption.
Thomas L. Newingham, Joseph Barlow.
The following 2 applicants do not
have sufficient visual acuity in the
better eye to qualify for an exemption.
Earl L. Wilson, Richard Stewart.
The following 2 applicants had a
commercial driver’s license suspension
during the 3-year review period for
moving violations. Applicants do not
qualify for an exemption with a
suspension during the 3-year period.
Royce Thomas, Randy Fielder.
The following 4 applicants were
denied for miscellaneous/multiple
reasons:
Ramon Green, Larry Hattery, Joey
Heuser, Travis Tucker.
The following 2 applicants never
submitted the required documents:
Floyd Butler, John Jacobson.
The following 13 applicants met the
current federal vision standards.
Exemptions are not required for
applicants who meet the current
regulations for vision:
David Everts, John Flanders, John
Harmon, Jeffery Willemarck, Rick
Smith, Luther Smith, Frank Piscitello,
Jr., Cortez Burnett, Lee Rains, Yewnet
Lakew, Marci Casteel, Ronald Boggs,
Robert Shanks.
Finally, the following 32 applicants
will not be driving interstate, interstate
commerce, or not required to carry a
DOT medical card:
Jose Becerra, Merle Burger, Kenneth
Dean, Tyrane Harper, Robert Jones,
Alfonzo Hawthorne, Nathaniel Guy
Edwards, John C. Yoder, Fred Jeffrey,
Albert Parker, James Plemmons, Roy
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
Priest, Robert Shepherd, Thomas
Guckert, Barry L. Ream, Roger
Freeman, Timothy Curran, Jonathan
Black Elk, Ward Howard, Alberto
Mireles, Jr., Jeremy Pruemer, Larry
Keith Abbott, Alan G. Paci, John
Savage, Edward Lee Clark, Robert
Haynes, Richard A. Whispell, Terry
Dennis Helm, Randy Lee Stevens,
Rodney D. Neujahr, Dennis R.
Bergstrom, Thomas E. Elliott.
Issued on: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–11019 Filed 5–4–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0079]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 14 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce
without meeting the Federal vision
standard.
SUMMARY:
Comments must be received on
or before June 6, 2011.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2011–0079 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
DATES:
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25763-25764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11019]
-----------------------------------------------------------------------
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 106 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
[[Page 25764]]
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 106 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 4 applicants lacked sufficient driving experience
during the 3-year period prior to the date of their applications:
Jerry Swedberg, James Marrone, Clinton H. Ezell, Wanda Rivera.
The following 17 applicants had no experience operating a CMV:
Howard Karrick, Alexander Tsvetkov, Jamie Donald Daniels, Robert S.
Lewton, Michael A. Carson, Todd J. Stubb, James Garvin, James McGlown,
Larry McKnight, Jr., Tommy Nguyen, Fatos Syla, Bryan Baker, Ivan
Castillo Leon, Jared Matthew Bauer, Shaun Adam Cahoon, John David
Beebee, Donald Cyrus Zwanzig.
The following 9 applicants did not have 3 years of experience
driving a CMV on public highways with the vision deficiency:
Christopher Kahl, Althea Renita Dowell, Steven DuBois, Steve Campbell,
Kenneth Trouth, Robert Hendricks, Sam Antinora, Juan Curiel, Keith
Reed.
The following 12 applicants did not have 3 years of recent
experience driving a CMV with the vision deficiency:
Gary Aliff, Pedro Pulido, Oliver Murphy, Jerome Smalls, Alan Jenkins,
Ryan Forsythe, Terry L. Randoll, Edward Joseph Simanek III, Sven R.
Aragon, Joe Alfred Root, Gary L. Smith, Arthur B. Wolf.
The following 7 applicants did not have sufficient driving
experience during the past 3 years under normal highway operating
conditions:
Robert Salazar, Evan Anderson, John Lunsford, Jerome Sheets, Robert
Seals, James Lucas, Gregory T. Grierson.
The following 2 applicants do not have sufficient peripheral vision
in the better eye to qualify for an exemption.
Thomas L. Newingham, Joseph Barlow.
The following 2 applicants do not have sufficient visual acuity in
the better eye to qualify for an exemption.
Earl L. Wilson, Richard Stewart.
The following 2 applicants had a commercial driver's license
suspension during the 3-year review period for moving violations.
Applicants do not qualify for an exemption with a suspension during the
3-year period.
Royce Thomas, Randy Fielder.
The following 4 applicants were denied for miscellaneous/multiple
reasons:
Ramon Green, Larry Hattery, Joey Heuser, Travis Tucker.
The following 2 applicants never submitted the required documents:
Floyd Butler, John Jacobson.
The following 13 applicants met the current federal vision
standards. Exemptions are not required for applicants who meet the
current regulations for vision:
David Everts, John Flanders, John Harmon, Jeffery Willemarck, Rick
Smith, Luther Smith, Frank Piscitello, Jr., Cortez Burnett, Lee Rains,
Yewnet Lakew, Marci Casteel, Ronald Boggs, Robert Shanks.
Finally, the following 32 applicants will not be driving
interstate, interstate commerce, or not required to carry a DOT medical
card:
Jose Becerra, Merle Burger, Kenneth Dean, Tyrane Harper, Robert Jones,
Alfonzo Hawthorne, Nathaniel Guy Edwards, John C. Yoder, Fred Jeffrey,
Albert Parker, James Plemmons, Roy Priest, Robert Shepherd, Thomas
Guckert, Barry L. Ream, Roger Freeman, Timothy Curran, Jonathan Black
Elk, Ward Howard, Alberto Mireles, Jr., Jeremy Pruemer, Larry Keith
Abbott, Alan G. Paci, John Savage, Edward Lee Clark, Robert Haynes,
Richard A. Whispell, Terry Dennis Helm, Randy Lee Stevens, Rodney D.
Neujahr, Dennis R. Bergstrom, Thomas E. Elliott.
Issued on: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-11019 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P