Qualification of Drivers; Exemption Applications; Vision, 18634-18635 [2018-08911]
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18634
Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes standard in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
The Agency’s decision regarding these
exemption applications is based on the
program eligibility criteria and an
individualized assessment of
information submitted by each
applicant. The qualifications,
experience, and medical condition of
each applicant were stated and
discussed in detail in the February 14,
2018, Federal Register notice (83 FR
6725) and will not be repeated in this
notice.
These 26 applicants have had ITDM
over a range of 1 to 17 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (two or more) severe
hypoglycemic episodes in the past five
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
daltland on DSKBBV9HB2PROD with NOTICES
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) each driver must
report within two business days of
occurrence, all episodes of severe
hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
VerDate Sep<11>2014
18:18 Apr 26, 2018
Jkt 244001
not it is related to an episode of
hypoglycemia; (3) each driver must
provide a copy of the ophthalmologist’s
or optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; and (4) each
driver must provide a copy of the
annual medical certification to the
employer for retention in the driver’s
qualification file, or keeping a copy in
his/her driver’s qualification file if he/
she is self-employed. The driver must
also have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315.
Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–08922 Filed 4–26–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0009]
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Frm 00134
Fmt 4703
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 103
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,
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., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Based upon its evaluation of the 26
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
David V. Bartel (MN)
Michael A. Brady (NH)
Junior K. Brewer (NE)
Marvin D. Buitt (MS)
Larry E. Burchett (FL)
Pasquale Cala (PA)
Byron D. Christian (LA)
Bryon D. Cowell (IA)
Walter B. Cromwell, 3rd (NJ)
Eric C. Delio (IN)
Wade A. Demarais (MN)
Gary D. Detwiler (CA)
Willis L. Drake, Jr. (MD)
Doyle J. Dreisow (WI)
Anthony Episcopo (WI)
Herve H. Estime (GA)
Gregory A. Gruber (KS)
Clifford J. Hughes (NY)
Brian J. Lanzim (NJ)
Michael E. Luttrell (GA)
William R. Mizell (AR)
Frank E. Myers, Jr. (OK)
John W. Olenczak (NJ)
Michael A. Randazzo (PA)
Jonathan M. Trussell (TX)
Raymond L. Underwood, Jr. (CT)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for two years from the effective date
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being granted;
or (3) continuation of the exemption
PO 00000
Qualification of Drivers; Exemption
Applications; Vision
Sfmt 4703
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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., e.t., Monday through Friday,
except Federal holidays.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
E:\FR\FM\27APN1.SGM
27APN1
Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices
II. Background
FMCSA received applications from
103 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 the regulation 49 CFR
391.41(b)(10).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption if it
finds such an exemption would likely
achieve a level of safety that is
equivalent to, or greater then, the level
that would be achieved absent such an
exemption.
The Agency’s decision regarding these
exemption applications is based on the
eligibility criteria, the terms and
conditions for Federal exemptions, and
an individualized assessment of each
applicant’s medical information
provided by the applicant.
daltland on DSKBBV9HB2PROD with NOTICES
IV. Conclusion
The Agency has determined that these
applicants do not satisfy the criteria
eligibility 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 the regulation 49 CFR
391.41(b)(10). Therefore, the 103
applicants in this notice have been
denied exemptions from the physical
qualification standards in 49 CFR
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 two applicants did not
have sufficient driving experience over
the past three years under normal
highway operating conditions:
Christopher E. Day (OR); Andrew R.
Sampson (MD).
The following 41 had no experience
operating a CMV:
Aktham G. Abdelraouf (UT)
Javier A. Alcantara (FL)
Robbie R. Austin (ID)
John J. Beich (FL)
VerDate Sep<11>2014
18:18 Apr 26, 2018
Jkt 244001
Michael J. Berry (PA)
Joseph B. Chun Tei (CA)
Kevin D. Craft (LA)
Dane C. Czerniak (PA)
Michael Deckert (PA)
Joseph F. Desgrottes (FL)
Brian S. Duncan (MO)
Joseph Eppolito (NY)
William E. Fowler (VA)
Levin D. Gann-Olehy (MN)
Abdirisak A. Hassan (MN)
George A. Kellner (FL)
Brian D. Leeper (IN)
Kelvin K. Mcatee (IL)
Adrian Mendoza (CA)
John R. Menendez (MO)
Andre J. Murdock (MD)
Donald J. Nelson (ID)
Thomas M. Palmer (PA)
Joseph L. Rigsby (AL)
Andrew W. Rocole (NE)
Homero Saenz (KY)
Reginald I. Sessum (NY)
Antwine Simmons (GA)
Saban R. Sosic (MI)
Miguel A. Soto (CA)
James V. Stuart (MA)
Travis D. Summerville (IL)
Donavon X. Taylor (MS)
Paul R. Todi (KY)
Carlos M. Torres Nieves (TX)
Ryan Tortorelli (CO)
Isai Trejo (CO)
Matthew C. Walker (IN)
Felicia R. Warnick (IL)
David A. Whittam (WA)
Wade R. Winckler (SD)
The following 13 applicants did not
have 3 years of experience driving a
CMV on public highways with their
vision deficiencies:
Steven J. Brown (NY)
Joseph S. Clymer (OH)
Scott R. Dawley (IA)
Gary A. Foley (NH)
Antonio E. Gargano (PA)
Clyde M. Kennedy (VA)
Elmer D. King (PA)
Curtis M. Kirkland (GA)
Paul L. Koch (WI)
Lee A. Leasure (CA)
Gregory J. Mastey (WI)
Donald R. Pierson (WA)
Jeffrey Shauver (IN)
The following 11 applicants did not
have 3 years of recent experience
driving a CMV with the vision
deficiency:
Arthur T. Brown (FL)
Henry M. Darden (DC)
Theodore A. DuBreuil (MI)
Thomas S. Ewald (IA)
Barry J. Friedlander (NY)
Gregory P. Grimes (OK)
Louis W. Henderson (DE)
Michael A. Higgins (IL)
Rex R. Pannell (AR)
Ricky A. Schott (PA)
PO 00000
Frm 00135
Fmt 4703
Sfmt 9990
18635
Jamie S. White (GA)
The following eight applicants did not
have sufficient driving experience
during the past 3 years under normal
highway operating conditions (gaps in
driving record):
Brannon S. Alexander (MO)
Russell E. Burden (WY)
Jeffrey P. Campbell (KY)
Daniel D. Diggs (TX)
Ahmed M. Gutale (MN)
Zachary W.L. Justice (OH)
Joanna Marlow (NM)
Lawrence B. Reyes (WA)
The following applicant, William D.
Harris (IN), contributed to accident(s) in
which the applicant was operating a
CMV, which is a disqualifying offense.
The following applicant, Marty J.
Prouty (IA), did not demonstrate the
level of safety required for interstate
driving based on the state-issued driving
report (excessive moving/non-moving
violations during 3-year period).
The following applicant, Johnny
Frasier (FL), 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 18 applicants were
denied for multiple reasons:
Fnu Aryan (TX)
Dennis K. Bench (MT)
David A. Bronson (FL)
Elliott D. Hain (PA)
Dennis L. Johnson (NC)
Paul E. Kemp (MS)
Jeffrey T. Landry (NC)
Joshua S. Little (MD)
Progress A. Lloyd (NC)
Lydia McCormick (NY)
Mark A. Myers (IN)
Deborah A. Nichols (MI)
Ronald Sapp (GA)
Craig Scott (GA)
Jeffery L. Shick (IL)
Joy S. Smith (TX)
Patrick J. Stempel (NY)
Scott W. Ward (PA)
The following three applicants have
not had stable vision for the preceding
3-year period: Daniel R. Parramore (FL);
Cheryl A. Phelps (OH); Guadalupe
Potter (WA).
The following four applicants drove
interstate while restricted to intrastate
driving:
Michael D. Cameron (TN)
Thomas R. Row (PA)
Joel Vasquez (TX)
Tony L. Willschau (SD)
Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–08911 Filed 4–26–18; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18634-18635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08911]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0009]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 103
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, [email protected], 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.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov and/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., e.t., Monday through Friday,
except Federal holidays.
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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
[[Page 18635]]
II. Background
FMCSA received applications from 103 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 the regulation 49 CFR
391.41(b)(10).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption if
it finds such an exemption would likely achieve a level of safety that
is equivalent to, or greater then, the level that would be achieved
absent such an exemption.
The Agency's decision regarding these exemption applications is
based on the eligibility criteria, the terms and conditions for Federal
exemptions, and an individualized assessment of each applicant's
medical information provided by the applicant.
IV. Conclusion
The Agency has determined that these applicants do not satisfy the
criteria eligibility 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 the regulation 49 CFR
391.41(b)(10). Therefore, the 103 applicants in this notice have been
denied exemptions from the physical qualification standards in 49 CFR
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 two applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions: Christopher E. Day (OR); Andrew R. Sampson (MD).
The following 41 had no experience operating a CMV:
Aktham G. Abdelraouf (UT)
Javier A. Alcantara (FL)
Robbie R. Austin (ID)
John J. Beich (FL)
Michael J. Berry (PA)
Joseph B. Chun Tei (CA)
Kevin D. Craft (LA)
Dane C. Czerniak (PA)
Michael Deckert (PA)
Joseph F. Desgrottes (FL)
Brian S. Duncan (MO)
Joseph Eppolito (NY)
William E. Fowler (VA)
Levin D. Gann-Olehy (MN)
Abdirisak A. Hassan (MN)
George A. Kellner (FL)
Brian D. Leeper (IN)
Kelvin K. Mcatee (IL)
Adrian Mendoza (CA)
John R. Menendez (MO)
Andre J. Murdock (MD)
Donald J. Nelson (ID)
Thomas M. Palmer (PA)
Joseph L. Rigsby (AL)
Andrew W. Rocole (NE)
Homero Saenz (KY)
Reginald I. Sessum (NY)
Antwine Simmons (GA)
Saban R. Sosic (MI)
Miguel A. Soto (CA)
James V. Stuart (MA)
Travis D. Summerville (IL)
Donavon X. Taylor (MS)
Paul R. Todi (KY)
Carlos M. Torres Nieves (TX)
Ryan Tortorelli (CO)
Isai Trejo (CO)
Matthew C. Walker (IN)
Felicia R. Warnick (IL)
David A. Whittam (WA)
Wade R. Winckler (SD)
The following 13 applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:
Steven J. Brown (NY)
Joseph S. Clymer (OH)
Scott R. Dawley (IA)
Gary A. Foley (NH)
Antonio E. Gargano (PA)
Clyde M. Kennedy (VA)
Elmer D. King (PA)
Curtis M. Kirkland (GA)
Paul L. Koch (WI)
Lee A. Leasure (CA)
Gregory J. Mastey (WI)
Donald R. Pierson (WA)
Jeffrey Shauver (IN)
The following 11 applicants did not have 3 years of recent
experience driving a CMV with the vision deficiency:
Arthur T. Brown (FL)
Henry M. Darden (DC)
Theodore A. DuBreuil (MI)
Thomas S. Ewald (IA)
Barry J. Friedlander (NY)
Gregory P. Grimes (OK)
Louis W. Henderson (DE)
Michael A. Higgins (IL)
Rex R. Pannell (AR)
Ricky A. Schott (PA)
Jamie S. White (GA)
The following eight applicants did not have sufficient driving
experience during the past 3 years under normal highway operating
conditions (gaps in driving record):
Brannon S. Alexander (MO)
Russell E. Burden (WY)
Jeffrey P. Campbell (KY)
Daniel D. Diggs (TX)
Ahmed M. Gutale (MN)
Zachary W.L. Justice (OH)
Joanna Marlow (NM)
Lawrence B. Reyes (WA)
The following applicant, William D. Harris (IN), contributed to
accident(s) in which the applicant was operating a CMV, which is a
disqualifying offense.
The following applicant, Marty J. Prouty (IA), did not demonstrate
the level of safety required for interstate driving based on the state-
issued driving report (excessive moving/non-moving violations during 3-
year period).
The following applicant, Johnny Frasier (FL), 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 18 applicants were denied for multiple reasons:
Fnu Aryan (TX)
Dennis K. Bench (MT)
David A. Bronson (FL)
Elliott D. Hain (PA)
Dennis L. Johnson (NC)
Paul E. Kemp (MS)
Jeffrey T. Landry (NC)
Joshua S. Little (MD)
Progress A. Lloyd (NC)
Lydia McCormick (NY)
Mark A. Myers (IN)
Deborah A. Nichols (MI)
Ronald Sapp (GA)
Craig Scott (GA)
Jeffery L. Shick (IL)
Joy S. Smith (TX)
Patrick J. Stempel (NY)
Scott W. Ward (PA)
The following three applicants have not had stable vision for the
preceding 3-year period: Daniel R. Parramore (FL); Cheryl A. Phelps
(OH); Guadalupe Potter (WA).
The following four applicants drove interstate while restricted to
intrastate driving:
Michael D. Cameron (TN)
Thomas R. Row (PA)
Joel Vasquez (TX)
Tony L. Willschau (SD)
Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08911 Filed 4-26-18; 8:45 am]
BILLING CODE 4910-EX-P
