Qualification of Drivers; Exemption Applications; Vision, 24170-24171 [2016-09529]
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Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Williams meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
Her optometrist examined her in 2016
and certified that she does not have
diabetic retinopathy. She holds a Class
B CDL from New Jersey.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
James R. Wolf
Mr. Wolf, 71, has had ITDM since
2014. His endocrinologist examined him
in 2015 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. His endocrinologist
certifies that Mr. Wolf understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wolf meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2015 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Pennsylvania.
III. 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. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
VerDate Sep<11>2014
19:02 Apr 22, 2016
Jkt 238001
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2016–0036 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
the search box insert the docket number
FMCSA–2016–0036 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: April 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–09502 Filed 4–22–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0026]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its denial
of 137 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:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 137
individual exemption requests on their
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices
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 did not
have sufficient driving experience over
the past 3 years under normal highway
operating conditions: Bradlee J.
Durham, Nolan B. Dykema, Jerry M.
Elsberry, Jr., James A. Pugh.
The following 23 applicants had no
experience operating a CMV: Jeret D.
Akers, Jose G. Alvarez, Cristian D.
Berlingeri, Larry G. Buchanan, Enedino
A. Burgos, Michael E. Carter, Shernard
Cook, Benjamin J. Curtis, Larry L. Davis,
Jr., Jesse J. DeRico, Brent I. Gruszka,
Andrei I. Gusakov, Damian Klyza,
Miriam Laing, Patrick N. Lancaster,
Daniel F. Large, Curtis G. Myrah, Omar
Orozco, Moises A. Portillo, Samuel C.
Rodriguez, Mark J. Smithson, William B.
Stiles, Sr., Michael H. Taylor.
The following 22 applicants did not
have 3 years of experience driving a
CMV on public highways with their
vision deficiencies: Osman M. Adanalic,
Christopher L. Bolding, William H.
Conley, Fernando Cuevas, Fred L.
Curtis, Kurt D. Davis, Adriano De
Vargas, Alex J. Demaree, Dennis C.
Durstine, Howard G. Edgar, Hamid
Ferdowsi, Eric S. Hill, Wayde J. Isbell,
Lloyd H. Kiihn, Earl B. Moffatt, Bryan
S. Moses, Ronald R. Regier, John A.
Ruggiero, Timothy P. Ryan, Charles E.
Schrecengost, Barney R. Stephens, Larry
L. Stewart.
The following 16 applicants did not
have 3 years of recent experience
driving a CMV with the vision
deficiency: John F. Armstrong, Gerald L.
Barber, Daniel J. Council, Helmut
Danecker, Anthony R. Dirjan, David N.
Groves, Antonio A. Jackson, Herman R.
Lee, Jr., Robert C. Mason, Wayne C.
Merry, Sherard L. Orange, Daniel D.
Sandoval, Edward V. Skowronski, Colby
T. Smith, Kenneth L. Sutphin, Bryan H.
Walker.
The following 12 applicants did not
have sufficient driving experience
during the past 3 years under normal
highway operating conditions: Joshua L.
Arnold, Kevin D. Duffy, Thomas M.
Hallwig, Gabriel L. Harrison, Richard K.
Hemmingsen, Gerardo Hernandez, Raul
T. Leiva, Nathan M. Magaard, Mark
VerDate Sep<11>2014
19:02 Apr 22, 2016
Jkt 238001
Paugh, Gregory M. Quilling, Chad M.
Smith, Jeffrey L. Tanner.
The following 2 applicants had their
commercial driver’s licenses suspended
during the previous 3-year period:
Michael J. Achille, Tydrick D. Brooks.
The following 3 applicants
contributed to an accident(s) while
operating a CMV: Thomas R. Abbott,
Timothy L. Bauman, Randy J. Miller.
The following applicant, Thomas D.
Jacobsen, did not hold a license which
allowed operation of vehicles over
26,000 lbs. for all or part of the previous
3-year period.
The following applicant, Toby L.
Simmons, 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 9 applicants were
denied for multiple reasons: Joseph D.
Allen, Dennis M. Coley, Timothy W.
Detweiler, Hector O. Flores, Jonathan M.
Gilligan, David P. Mello, Edward R.
Slater, Hawthorne B. Smith, Thomas D.
Walsh.
The following applicant, Christopher
D. Boyd, did not have stable vision for
the entire 3-year period.
The following 13 applicants met the
current federal vision standards.
Exemptions are not required for
applicants who meet the current
regulations for vision: Hani Abiyounes,
Kendall K. Chandler, Chad A. Curtis,
Shorty Ellis, Karl D. Graves, Carl
Groves, Alexander J. Hartelust, Lark M.
Hartsock, James E. Jordon, Dorvin R.
Neuberger, Peter J. Niedzwiecki, Raimer
A. Paredes-Escano, Timothy T. Tyree.
The following 3 applicants drove
interstate while restricted to intrastate:
Adrienne J. Allen, James L. Jones, Troy
A. Stephens.
The following 19 applicants will not
be driving interstate, interstate
commerce, or are not required to carry
a DOT medical card: Gary W. Brockway,
Fredrick Brown, Richard C. Brust,
Joseph L. Cohea, Robert L. Damron,
James E. Donaldson, Richard Duran,
Freddie M. Henderson, Brian D. Hoover,
Ron E. Hullett, Walter J. Jurczak, Keith
Kebschull, Charles J. Kruggel, Lois J.
Mahar, Dustin M. Mills, Wilbur
Robinson, Jr., Robert G. Schoenborn,
Phillip J. Will, James L. Yingst.
Finally, the following 8 applicants
perform transportation for the federal
government, state, or any political subdivision of the state. Randy L. Coney,
Rodriquez D. Evans, Jose A. Flores, Ira
D. Manuelito, Steven C. Myers, Leif H.
Stensrud, Joshua E. Weicht, Aaron E.
Zelmer.
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
24171
Issued on: April 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–09529 Filed 4–22–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2015–0019]
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated
February 11, 2016, Norfolk Southern
Railway (NS) requested that the Federal
Railroad Administration (FRA) Railroad
Safety Board (Board) approve an
amendment to its existing waiver in
order to expand the territory inspected
pursuant to its nonstop continuous rail
testing process. The projected starting
date for implementing the expansion
would be March 1, 2016, and the testing
process would continue up to July 1,
2018.
The original waiver grants relief from
49 CFR 213.113(a) and allows NS to
perform a continuous rail test process
on certain designated tracks in lieu of
the stop/start rail testing required by the
regulation. NS is currently using
nonstop continuous testing on the main
tracks of the Dearborn Division, Chicago
Line (Cleveland, OH, to Chicago, IL,
Milepost (MP) CD 181.2–523.3)). Once
this district has been completed, NS
would expand the continuous testing
process to the following locations: (1)
Dearborn Division Cleveland Line
(Ravenna to Drawbridge, MP RD 85.9–
123.2), Chicago District (Chicago, IL, to
Hobart, IN, MP B 518.7–486.5), Lake
Erie District (Euclid to Bay Village, B
172.0–197.3); (2) Lake Division Chicago,
Fostoria, and Cleveland Districts
(Hobart, IN, to Bay Village, OH, MPB
486.5–197.3); (3) Pittsburgh Division,
Fort Wayne Line (Pittsburgh, PA, to
Crestline, OH, MP PC 0.0–188.7),
Pittsburgh Line (Pittsburgh, PA, to CP
Cannon MP, PT 353.5–119.1),
Conemaugh Line (CP Conpit to CP Penn
MP LC 0.0–77.9), Lake Erie District
(Euclid to Ashtabula, B 172.0–129.2),
Cleveland Line (Ravenna to Alliance,
MP RD 85.9–67.2); and (4) Harrisburg
Division, Pittsburgh Line (Harris to CP
Cannon, MP PT 104.9–119.1),
Harrisburg Line (Falls to Harrisburg, PA,
MP HP 5.2–112.9), Port Road Branch
(Port to Banks, MP EP 33.7–76.1 and
Perryville to Port, MP PD 0.3–39.7).
The expanded inspection territories
include: Central Division, Cincinnati,
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]]>Agencies
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24170-24171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09529]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0026]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its denial of 137 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: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
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 137 individual exemption requests on
their
[[Page 24171]]
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 did not have sufficient driving
experience over the past 3 years under normal highway operating
conditions: Bradlee J. Durham, Nolan B. Dykema, Jerry M. Elsberry, Jr.,
James A. Pugh.
The following 23 applicants had no experience operating a CMV:
Jeret D. Akers, Jose G. Alvarez, Cristian D. Berlingeri, Larry G.
Buchanan, Enedino A. Burgos, Michael E. Carter, Shernard Cook, Benjamin
J. Curtis, Larry L. Davis, Jr., Jesse J. DeRico, Brent I. Gruszka,
Andrei I. Gusakov, Damian Klyza, Miriam Laing, Patrick N. Lancaster,
Daniel F. Large, Curtis G. Myrah, Omar Orozco, Moises A. Portillo,
Samuel C. Rodriguez, Mark J. Smithson, William B. Stiles, Sr., Michael
H. Taylor.
The following 22 applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies: Osman
M. Adanalic, Christopher L. Bolding, William H. Conley, Fernando
Cuevas, Fred L. Curtis, Kurt D. Davis, Adriano De Vargas, Alex J.
Demaree, Dennis C. Durstine, Howard G. Edgar, Hamid Ferdowsi, Eric S.
Hill, Wayde J. Isbell, Lloyd H. Kiihn, Earl B. Moffatt, Bryan S. Moses,
Ronald R. Regier, John A. Ruggiero, Timothy P. Ryan, Charles E.
Schrecengost, Barney R. Stephens, Larry L. Stewart.
The following 16 applicants did not have 3 years of recent
experience driving a CMV with the vision deficiency: John F. Armstrong,
Gerald L. Barber, Daniel J. Council, Helmut Danecker, Anthony R.
Dirjan, David N. Groves, Antonio A. Jackson, Herman R. Lee, Jr., Robert
C. Mason, Wayne C. Merry, Sherard L. Orange, Daniel D. Sandoval, Edward
V. Skowronski, Colby T. Smith, Kenneth L. Sutphin, Bryan H. Walker.
The following 12 applicants did not have sufficient driving
experience during the past 3 years under normal highway operating
conditions: Joshua L. Arnold, Kevin D. Duffy, Thomas M. Hallwig,
Gabriel L. Harrison, Richard K. Hemmingsen, Gerardo Hernandez, Raul T.
Leiva, Nathan M. Magaard, Mark Paugh, Gregory M. Quilling, Chad M.
Smith, Jeffrey L. Tanner.
The following 2 applicants had their commercial driver's licenses
suspended during the previous 3-year period: Michael J. Achille,
Tydrick D. Brooks.
The following 3 applicants contributed to an accident(s) while
operating a CMV: Thomas R. Abbott, Timothy L. Bauman, Randy J. Miller.
The following applicant, Thomas D. Jacobsen, did not hold a license
which allowed operation of vehicles over 26,000 lbs. for all or part of
the previous 3-year period.
The following applicant, Toby L. Simmons, 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 9 applicants were denied for multiple reasons: Joseph
D. Allen, Dennis M. Coley, Timothy W. Detweiler, Hector O. Flores,
Jonathan M. Gilligan, David P. Mello, Edward R. Slater, Hawthorne B.
Smith, Thomas D. Walsh.
The following applicant, Christopher D. Boyd, did not have stable
vision for the entire 3-year period.
The following 13 applicants met the current federal vision
standards. Exemptions are not required for applicants who meet the
current regulations for vision: Hani Abiyounes, Kendall K. Chandler,
Chad A. Curtis, Shorty Ellis, Karl D. Graves, Carl Groves, Alexander J.
Hartelust, Lark M. Hartsock, James E. Jordon, Dorvin R. Neuberger,
Peter J. Niedzwiecki, Raimer A. Paredes-Escano, Timothy T. Tyree.
The following 3 applicants drove interstate while restricted to
intrastate: Adrienne J. Allen, James L. Jones, Troy A. Stephens.
The following 19 applicants will not be driving interstate,
interstate commerce, or are not required to carry a DOT medical card:
Gary W. Brockway, Fredrick Brown, Richard C. Brust, Joseph L. Cohea,
Robert L. Damron, James E. Donaldson, Richard Duran, Freddie M.
Henderson, Brian D. Hoover, Ron E. Hullett, Walter J. Jurczak, Keith
Kebschull, Charles J. Kruggel, Lois J. Mahar, Dustin M. Mills, Wilbur
Robinson, Jr., Robert G. Schoenborn, Phillip J. Will, James L. Yingst.
Finally, the following 8 applicants perform transportation for the
federal government, state, or any political sub-division of the state.
Randy L. Coney, Rodriquez D. Evans, Jose A. Flores, Ira D. Manuelito,
Steven C. Myers, Leif H. Stensrud, Joshua E. Weicht, Aaron E. Zelmer.
Issued on: April 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-09529 Filed 4-22-16; 8:45 am]
BILLING CODE 4910-EX-P
