Qualification of Drivers; Exemption Applications; Vision, 58444-58445 [2019-23766]
Download as PDF
<![CDATA[
58444
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
487,620 miles. He holds a Class BM CDL
from Alabama. His driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
indicated under the DATES section of the
notice.
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–23761 Filed 10–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0016]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 91
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., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing materials in the
docket, contact Docket Services, (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
I. Public Participation
A. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov/
docket?D=FMCSA-2019-0016 and
choose the document to review. If you
do not have access to the internet, you
may view the docket online by visiting
VerDate Sep<11>2014
16:38 Oct 30, 2019
Jkt 250001
the Docket Operations in Room W12–
140 on the ground floor of the DOT
West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.
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.dot.gov/privacy.
II. Background
FMCSA received applications from 91
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 § 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 § 391.41(b)(10).
Therefore, the 91 applicants in this
notice have been denied exemptions
from the physical qualification
standards in § 391.41(b)(10).
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
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 three applicants did
not have sufficient driving experience
over the past three years under normal
highway operating conditions:
Edwin C. Cassidy (CA); Chad M. Moser
(IA); and Frank L. Novich, Jr. (MO)
The following 34 applicants had no
experience operating a CMV:
Kevin F. Aguiar (MA)
Carlos Aliaga Molina (IA)
Beverly J. Allen (OR)
Adam E. Atkinson (WY)
Jacob A. Bigelow (WI)
Douglas Bock (PA)
Zachary M. Bolton (SC)
Jamin R. Burson (OR)
James A. Claiborne (MD)
Christian C. Cutler (CA)
Robert F. Fullwood (PA)
Fidel V. Garcia (NJ)
Nikolas K. Gehrke (MS)
Stanley A. Green (TN)
Lonnie C. Harpole (KY)
Salman A. Hassan (MN)
Kody P. Hofman (WI)
Jon B. Jantzer (WA)
Colt Jarrett (UT)
Jonathan Leonard (NC)
Alejandro Manzano Perez (CA)
Daniel L. Proud (MD)
Ronald L. Riding (KS)
Martin Sandoval (IL)
Cheryl A. Sersland (IL)
Jason D. Smith (FL)
Willie L. Smith (TX)
Felix L. Spates (AR)
Scott A. Stead (WV)
Rasan Tahirovic (ND)
Tommy J. Tinley (PA)
Eh D. Wah (WA)
Justin J. Wegner (WI)
Aubrey L. Wilson (IN)
The following 21 applicants did not
have three years of experience driving a
CMV on public highways with their
vision deficiencies:
James D. Bersey (FL)
Joel Bonilla (KS)
Kevin A. Bretz (NH)
Kevin C. Brunk (WI)
David R. Corujo (SD)
Lewis M. Culbertson (MD)
Mark A. Darnell (KY)
Carlos E. Donahue (AR)
Steven B. Hanson (MN)
Eduardo R. Martinez (ID)
Carl J. Medlock (NE)
Gary A. Oleson (IL)
Jacob D. Rhinehart (ID)
Timothy P. Sadler (WI)
E:\FR\FM\31OCN1.SGM
31OCN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
Jose G. Sayago (MI)
Bradley D. Shonkwiler (MN)
James L. Stacy (AR)
Richard H. Stout (OH)
Terrence D. Taylor (TN)
Roger D. Williams (MO)
Douglas E. Zelaya (CA)
The following seven applicants did
not have three years of recent
experience driving a CMV on public
highways with their vision deficiencies:
Christinia J. Chapman (PA)
Wendell A. Dowdy (MO)
John D. Hulbert (AL)
William W. Johnson (WY)
Kennard D. Julien (WA)
Gary D. Larson (NE)
Christopher St. Croix (NY)
The following four applicants did not
have sufficient driving experience over
the past three years under normal
highway operating conditions (gaps in
driving record):
James M. Kivett (NC)
Kyla E. Lamb (OH)
Zachary W. Lundy (SD)
Phillip D. Parker (MN)
The following applicant two
applicants were charged with moving
violations in conjunction with CMV
accidents:
Zane D. Elliott (WV); and Donald K.
Etter (PA)
Donald K. Etter (PA) was included in
a notice requesting public comment on
the Agency’s intent to grant an
exemption (docket no. FMCSA–2019–
0009). During the commenting period,
the applicant was involved in a CMV
crash, and failed to submit supporting
documentation for review. The
exemption was not granted at that time.
Information relating to the crash was
submitted, and application was denied
for the reasons cited above.
The following two applicants
contributed to accident(s) in which the
applicant was operating a CMV, which
is a disqualifying offense:
Eddie B. Strange (GA); and Richard C.
Strassburg (NY)
The following ten applicants were
denied for multiple reasons:
Joseph C. Carpenter (CA)
Tommy J. Garcia (NM)
Jerry M. Madden (TX)
Christopher J. Marden (NH)
Saul Quintero (IN)
Barry Seiwell (PA)
Rickey S. Sheppard (AL)
Gregory D. Van Ruler (MN)
Alexander L. Walls (OR)
Jorge Zambrano (NJ)
The following six applicants have not
had stable vision for the preceding
three-year period:
VerDate Sep<11>2014
16:38 Oct 30, 2019
Jkt 250001
Dennis D. Coulter (OH)
Ronald D. Davis (TX)
Adrian Hernandez (CA)
James M. Simpson (MO)
Glen Sterling (LA)
Ricky D. Wright (MO)
The following two applicants drove
interstate while restricted to intrastate
driving:
David Guerra (TX); and Edward R.
Schmocker (WI)
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–23766 Filed 10–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 29 individuals from
the hearing requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate
commerce. The exemptions enable these
hard of hearing and deaf individuals to
operate CMVs in interstate commerce.
DATES: The exemptions were applicable
on October 1, 2019. The exemptions
expire on October 1, 2021.
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., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
A. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov/
docket?D=FMCSA-2018-0139 and
choose the document to review. If you
do not have access to the internet, you
Frm 00077
Fmt 4703
Sfmt 4703
may view the docket online by visiting
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays.
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.dot.gov/privacy.
II. Background
[Docket No. FMCSA–2019–0139]
PO 00000
58445
On August 28, 2019, FMCSA
published a notice announcing receipt
of applications from 29 individuals
requesting an exemption from the
hearing requirement in 49 CFR
391.41(b)(11) to operate a CMV in
interstate commerce and requested
comments from the public (84 FR
45206). The public comment period
ended on September 27, 2019, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would achieve a level of
safety equivalent to, or greater than, the
level that would be achieved by
complying with § 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid, 35 FR
6458, 6463 (April 22, 1970) and 36 FR
12857 (July 3, 1971).
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58444-58445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23766]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0016]
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 91
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.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing materials in the docket, contact Docket
Services, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov/docket?D=FMCSA-2019-0016 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.
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.dot.gov/privacy.
II. Background
FMCSA received applications from 91 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 91 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 three applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions:
Edwin C. Cassidy (CA); Chad M. Moser (IA); and Frank L. Novich, Jr.
(MO)
The following 34 applicants had no experience operating a CMV:
Kevin F. Aguiar (MA)
Carlos Aliaga Molina (IA)
Beverly J. Allen (OR)
Adam E. Atkinson (WY)
Jacob A. Bigelow (WI)
Douglas Bock (PA)
Zachary M. Bolton (SC)
Jamin R. Burson (OR)
James A. Claiborne (MD)
Christian C. Cutler (CA)
Robert F. Fullwood (PA)
Fidel V. Garcia (NJ)
Nikolas K. Gehrke (MS)
Stanley A. Green (TN)
Lonnie C. Harpole (KY)
Salman A. Hassan (MN)
Kody P. Hofman (WI)
Jon B. Jantzer (WA)
Colt Jarrett (UT)
Jonathan Leonard (NC)
Alejandro Manzano Perez (CA)
Daniel L. Proud (MD)
Ronald L. Riding (KS)
Martin Sandoval (IL)
Cheryl A. Sersland (IL)
Jason D. Smith (FL)
Willie L. Smith (TX)
Felix L. Spates (AR)
Scott A. Stead (WV)
Rasan Tahirovic (ND)
Tommy J. Tinley (PA)
Eh D. Wah (WA)
Justin J. Wegner (WI)
Aubrey L. Wilson (IN)
The following 21 applicants did not have three years of experience
driving a CMV on public highways with their vision deficiencies:
James D. Bersey (FL)
Joel Bonilla (KS)
Kevin A. Bretz (NH)
Kevin C. Brunk (WI)
David R. Corujo (SD)
Lewis M. Culbertson (MD)
Mark A. Darnell (KY)
Carlos E. Donahue (AR)
Steven B. Hanson (MN)
Eduardo R. Martinez (ID)
Carl J. Medlock (NE)
Gary A. Oleson (IL)
Jacob D. Rhinehart (ID)
Timothy P. Sadler (WI)
[[Page 58445]]
Jose G. Sayago (MI)
Bradley D. Shonkwiler (MN)
James L. Stacy (AR)
Richard H. Stout (OH)
Terrence D. Taylor (TN)
Roger D. Williams (MO)
Douglas E. Zelaya (CA)
The following seven applicants did not have three years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Christinia J. Chapman (PA)
Wendell A. Dowdy (MO)
John D. Hulbert (AL)
William W. Johnson (WY)
Kennard D. Julien (WA)
Gary D. Larson (NE)
Christopher St. Croix (NY)
The following four applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions (gaps in driving record):
James M. Kivett (NC)
Kyla E. Lamb (OH)
Zachary W. Lundy (SD)
Phillip D. Parker (MN)
The following applicant two applicants were charged with moving
violations in conjunction with CMV accidents:
Zane D. Elliott (WV); and Donald K. Etter (PA)
Donald K. Etter (PA) was included in a notice requesting public
comment on the Agency's intent to grant an exemption (docket no. FMCSA-
2019-0009). During the commenting period, the applicant was involved in
a CMV crash, and failed to submit supporting documentation for review.
The exemption was not granted at that time. Information relating to the
crash was submitted, and application was denied for the reasons cited
above.
The following two applicants contributed to accident(s) in which
the applicant was operating a CMV, which is a disqualifying offense:
Eddie B. Strange (GA); and Richard C. Strassburg (NY)
The following ten applicants were denied for multiple reasons:
Joseph C. Carpenter (CA)
Tommy J. Garcia (NM)
Jerry M. Madden (TX)
Christopher J. Marden (NH)
Saul Quintero (IN)
Barry Seiwell (PA)
Rickey S. Sheppard (AL)
Gregory D. Van Ruler (MN)
Alexander L. Walls (OR)
Jorge Zambrano (NJ)
The following six applicants have not had stable vision for the
preceding three-year period:
Dennis D. Coulter (OH)
Ronald D. Davis (TX)
Adrian Hernandez (CA)
James M. Simpson (MO)
Glen Sterling (LA)
Ricky D. Wright (MO)
The following two applicants drove interstate while restricted to
intrastate driving:
David Guerra (TX); and Edward R. Schmocker (WI)
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23766 Filed 10-30-19; 8:45 am]
BILLING CODE 4910-EX-P
