Qualification of Drivers; Exemption Applications; Vision, 5273-5274 [2020-01549]

Download as PDF Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0004] Qualification of Drivers; Exemption Applications; Vision III. Basis for Exemption Determination Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 130 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 Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation lotter on DSKBCFDHB2PROD with NOTICES 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 http://www.regulations.gov/ docket?D=FMCSA-2020-0004 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.transportation.gov/privacy. II. Background FMCSA received applications from 130 individuals who requested an exemption from the vision standard in the FMCSRs. VerDate Sep<11>2014 17:27 Jan 28, 2020 Jkt 250001 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). 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 130 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 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 four applicants did not have sufficient driving experience over the past three years under normal highway operating conditions: Jason D. Ainley (MO) Judge M. Arnold (OK) Yves F. Bresse (AK) Herman W. Zigmond (TX) The following 54 applicants had no experience operating a CMV: Ramzi Alqam (IL) James E. Balsbaugh (TN) Joseph E. Bean (MI) Joshua J. Borden (GA) Shawn H. Campbell (IN) PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 5273 Michael T. Carlton (AL) Muhammad S. Chaudhry (MD) Matthew V. Cordero (NM) Cathy L. Daugherty (PA) Cody J. Davis (NM) Trenell V. Dunson (MI) Pedro A. Garcia (TX) Chimezie Godwin (CA) Christopher B. Green (AL) Steven A. Gwinn (IN) Adnane Habbaoui (OH) DeWayne S. Harbin (IN) Wayne C. Hill (AR) Jesse C. Hohman (PA) Ryan A. Hunt (MN) Eric P. Huoppi (ME) Michael J. Jager (WI) Jody T. Jaramillo (OR) Marquitta A. Justice (KY) Michael J. Kindred (NY) Abigal R. Knight (NY) Dominic A. Lewis (DC) Tyrone Mays (WI) Jonathan P. McDougal (AL) Roy D. Meeks (TN) Susan A. Muza (NJ) Monte F. Nitek (WI) Simone W. Norden (MA) Sikotilani Palanite (ND) Dylan N. Paradis (ME) David F. Ramacitti (IL) Denzel M. Rawls (NY) Richard A. Reed (KY) Jorden D. Riesberg (IA) Ana M. Rodriguez (WI) Jose A. Romero Hernandez (FL) Michael P. Ruxton (NC) Ronald L. Smith (NV) Christopher M. Strickland (WA) Joseph Svetich (IL) Mark Thibault (CT) Gary W. Thom (MN) Patricia C. Towles (NJ) Konstantinos Trahanas (IL) Jason E. Travers (CA) Bryon C. Westrup (SD) Dana Williams (IL) Michael A. Williams (NH) Antonio T. Woodson (VA) The following 28 applicants did not have three years of experience driving a CMV on public highways with their vision deficiencies: William D. Ahrens (NE) George G. Bartholomew (AK) Steven L. Bublitz (MN) Nikola J. Bukvich (IL) Ronald G. Cichy (WI) Walter R. Conover (NJ) David E. Dickinson (CA) Kenneth A. Dunkelberger (OR) Matthew L. Farley (WA) Wade A. Farrell (MT) Andrew T. Grenman (IL) Paul A. Hanson (MN) Allen M. Jean (PA) Michael A. Kauffmann (TX) Craig Lauer (MN) E:\FR\FM\29JAN1.SGM 29JAN1 lotter on DSKBCFDHB2PROD with NOTICES 5274 Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Notices Daryl A. Lee (IN) Trey K. Legg (NE) Sabah K. Noori (NY) Dale K. Norris (MN) Larry M. Pratt (WI) Rodney J. Redmon (FL) Todd M. Roth (IN) Kenneth W. Schmidt (PA) Keith L. Spence (CT) Latonia B. Spicer (NC) Ronald E. Sutton (VA) Larry M. Tabish (MT) Forrest K. Williams (MO) The following seven applicants did not have 3 years of recent experience driving a CMV on public highways with their vision deficiencies: Lawrence A. DiVetro (NV) Madeline C. Duran (NM) Jack M. Elliott (KS) Johnnie R. Johnson (OK) William C. Kelley (WI) Jon A. Stevens (MN) Trent C. Tonner (IN) The following seven applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions (gaps in driving record): Alfredo E. Carrillo Posada (CO) Gregory B. Gosha (AL) Kelvin A. Hulett (MS) Leon J. Kirksey (MD) Jerred R. Murray (NY) Thomas A. Paukowits (MI) Rogelio Rocha Monjaraz (MD) The following applicant was charged with moving violations in conjunction with CMV accidents: Michael W. Leverett (MI) The following applicant had his commercial driver’s license suspended during the 3-year period in relation to a moving violation: Thomas M. Bakeberg (SD) The following applicant contributed to accident(s) in which the applicant was operating a CMV, which is a disqualifying offense: Bruce E. Hemmer (WI) The following two applicants did not hold a license which allowed operation of vehicles over 26,000 lbs. for all or part of the 3-year period: Norman D. Mosley (NJ); and Robert L. Strange (NC) The following 13 applicants were denied for multiple reasons: Gema L. Alvarado (UT) Eduardo Arguelles (TX) John N. Azzopardi (MT) Frank L. Crenshaw (OH) Tommie L. Dailey (AL) Giovanni Gualdron (NJ) Monica M. Hernandez (CA) Roman I. Hrabovskyi (NJ) VerDate Sep<11>2014 17:27 Jan 28, 2020 Jkt 250001 Johnny M. Kruprzak (OH) Elvin E. Martin (PA) Kevin D. Melvin (NY) Michael C. Shelp (NY) Raymond F. Sitter (ND) The following two applicants have not had stable vision for the preceding 3-year period: William C. Hurtgen (WI); and James N. Robbins (FL) The following applicant does not meet the vision standard in his better eye: Keith D. Smith (FL) The following nine applicants drove interstate while restricted to intrastate driving: Norlan A. Acosta (MD) Adam J. Crull (WA) Trina L. Garcia (CA) Jureco M. Hall (MD) Nathan J. Plumley (NY) Izone W. Pulley (MD) Sonya Rankins (CA) Arthur L. Spaventa (PA) Marlon A. Wilson (CT) Issued on: January 16, 2020. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–01549 Filed 1–28–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0118] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew an exemption for one individual from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemption enables this individual who has had one or more seizures and is taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: The exemption was applicable on October 22, 2019. The exemption expires on October 22, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical SUMMARY: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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: 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 or http://www.regulations.gov/ docket?D=FMCSA-2015-0118 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting 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.transportation.gov/privacy. II. Background On December 4, 2019, FMCSA published a notice announcing its decision to renew an exemption for one individual from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (84 FR 66454). The public comment period ended on January 3, 2020, and no comments were received. FMCSA has evaluated the eligibility of this applicant and determined that renewing the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5273-5274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01549]



[[Page 5273]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0004]


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 130 
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 
Operations, (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 http://www.regulations.gov/docket?D=FMCSA-2020-0004 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.transportation.gov/privacy.

II. Background

    FMCSA received applications from 130 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 130 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 four applicants did not have sufficient driving 
experience over the past three years under normal highway operating 
conditions:

Jason D. Ainley (MO)
Judge M. Arnold (OK)
Yves F. Bresse (AK)
Herman W. Zigmond (TX)

    The following 54 applicants had no experience operating a CMV:

Ramzi Alqam (IL)
James E. Balsbaugh (TN)
Joseph E. Bean (MI)
Joshua J. Borden (GA)
Shawn H. Campbell (IN)
Michael T. Carlton (AL)
Muhammad S. Chaudhry (MD)
Matthew V. Cordero (NM)
Cathy L. Daugherty (PA)
Cody J. Davis (NM)
Trenell V. Dunson (MI)
Pedro A. Garcia (TX)
Chimezie Godwin (CA)
Christopher B. Green (AL)
Steven A. Gwinn (IN)
Adnane Habbaoui (OH)
DeWayne S. Harbin (IN)
Wayne C. Hill (AR)
Jesse C. Hohman (PA)
Ryan A. Hunt (MN)
Eric P. Huoppi (ME)
Michael J. Jager (WI)
Jody T. Jaramillo (OR)
Marquitta A. Justice (KY)
Michael J. Kindred (NY)
Abigal R. Knight (NY)
Dominic A. Lewis (DC)
Tyrone Mays (WI)
Jonathan P. McDougal (AL)
Roy D. Meeks (TN)
Susan A. Muza (NJ)
Monte F. Nitek (WI)
Simone W. Norden (MA)
Sikotilani Palanite (ND)
Dylan N. Paradis (ME)
David F. Ramacitti (IL)
Denzel M. Rawls (NY)
Richard A. Reed (KY)
Jorden D. Riesberg (IA)
Ana M. Rodriguez (WI)
Jose A. Romero Hernandez (FL)
Michael P. Ruxton (NC)
Ronald L. Smith (NV)
Christopher M. Strickland (WA)
Joseph Svetich (IL)
Mark Thibault (CT)
Gary W. Thom (MN)
Patricia C. Towles (NJ)
Konstantinos Trahanas (IL)
Jason E. Travers (CA)
Bryon C. Westrup (SD)
Dana Williams (IL)
Michael A. Williams (NH)
Antonio T. Woodson (VA)

    The following 28 applicants did not have three years of experience 
driving a CMV on public highways with their vision deficiencies:

William D. Ahrens (NE)
George G. Bartholomew (AK)
Steven L. Bublitz (MN)
Nikola J. Bukvich (IL)
Ronald G. Cichy (WI)
Walter R. Conover (NJ)
David E. Dickinson (CA)
Kenneth A. Dunkelberger (OR)
Matthew L. Farley (WA)
Wade A. Farrell (MT)
Andrew T. Grenman (IL)
Paul A. Hanson (MN)
Allen M. Jean (PA)
Michael A. Kauffmann (TX)
Craig Lauer (MN)

[[Page 5274]]

Daryl A. Lee (IN)
Trey K. Legg (NE)
Sabah K. Noori (NY)
Dale K. Norris (MN)
Larry M. Pratt (WI)
Rodney J. Redmon (FL)
Todd M. Roth (IN)
Kenneth W. Schmidt (PA)
Keith L. Spence (CT)
Latonia B. Spicer (NC)
Ronald E. Sutton (VA)
Larry M. Tabish (MT)
Forrest K. Williams (MO)

    The following seven applicants did not have 3 years of recent 
experience driving a CMV on public highways with their vision 
deficiencies:

Lawrence A. DiVetro (NV)
Madeline C. Duran (NM)
Jack M. Elliott (KS)
Johnnie R. Johnson (OK)
William C. Kelley (WI)
Jon A. Stevens (MN)
Trent C. Tonner (IN)

    The following seven applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions (gaps in driving record):

Alfredo E. Carrillo Posada (CO)
Gregory B. Gosha (AL)
Kelvin A. Hulett (MS)
Leon J. Kirksey (MD)
Jerred R. Murray (NY)
Thomas A. Paukowits (MI)
Rogelio Rocha Monjaraz (MD)

    The following applicant was charged with moving violations in 
conjunction with CMV accidents:

Michael W. Leverett (MI)

    The following applicant had his commercial driver's license 
suspended during the 3-year period in relation to a moving violation:

Thomas M. Bakeberg (SD)

    The following applicant contributed to accident(s) in which the 
applicant was operating a CMV, which is a disqualifying offense:

Bruce E. Hemmer (WI)

    The following two applicants did not hold a license which allowed 
operation of vehicles over 26,000 lbs. for all or part of the 3-year 
period:

Norman D. Mosley (NJ); and Robert L. Strange (NC)

    The following 13 applicants were denied for multiple reasons:

Gema L. Alvarado (UT)
Eduardo Arguelles (TX)
John N. Azzopardi (MT)
Frank L. Crenshaw (OH)
Tommie L. Dailey (AL)
Giovanni Gualdron (NJ)
Monica M. Hernandez (CA)
Roman I. Hrabovskyi (NJ)
Johnny M. Kruprzak (OH)
Elvin E. Martin (PA)
Kevin D. Melvin (NY)
Michael C. Shelp (NY)
Raymond F. Sitter (ND)

    The following two applicants have not had stable vision for the 
preceding 3-year period:

William C. Hurtgen (WI); and
James N. Robbins (FL)

    The following applicant does not meet the vision standard in his 
better eye:

Keith D. Smith (FL)

    The following nine applicants drove interstate while restricted to 
intrastate driving:

Norlan A. Acosta (MD)
Adam J. Crull (WA)
Trina L. Garcia (CA)
Jureco M. Hall (MD)
Nathan J. Plumley (NY)
Izone W. Pulley (MD)
Sonya Rankins (CA)
Arthur L. Spaventa (PA)
Marlon A. Wilson (CT)

    Issued on: January 16, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-01549 Filed 1-28-20; 8:45 am]
BILLING CODE 4910-EX-P