Qualification of Drivers; Exemption Applications; Vision, 20565-20566 [2020-07680]

Download as PDF Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). III. Samsara’s Application for Exemption The Federal Motor Carrier Safety Regulations require devices meeting the definition of ‘‘vehicle safety technology,’’ including Samsara’s AI Dash Cam, to be mounted (1) not more than 4 inches below the upper edge of the area swept by the windshield wipers, or (2) not more than 7 inches above the lower edge of the area swept by the windshield wipers, and outside the driver’s sight lines to the road and highway signs and signals. Samsara has applied for an exemption from 49 CFR 393.60(e)(1) to allow its AI Dash Cam to be mounted lower in the windshield than is currently permitted. A copy of the application is included in the docket referenced at the beginning of this notice. khammond on DSKJM1Z7X2PROD with NOTICES V. Request for Comments In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public comment from all interested persons on Samsara’s application for an exemption from 49 CFR 393.60(e)(1). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–07729 Filed 4–10–20; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:57 Apr 10, 2020 Jkt 250001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0007] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: ACTION: Notice of denials. FMCSA announces its decision to deny applications from 51 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in interstate commerce. SUMMARY: 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. FOR FURTHER INFORMATION CONTACT: 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-2020-0007 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. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Docket Operations. 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. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 20565 II. Background FMCSA received applications from 51 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 51 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 two applicants did not have sufficient driving experience over the past three years under normal highway operating conditions: Eddie M. Riddle (OH); and James Morris (WV) The following 12 applicants had no experience operating a CMV: David L. Prince (WV) Zackery R. Burtch (OR) E:\FR\FM\13APN1.SGM 13APN1 khammond on DSKJM1Z7X2PROD with NOTICES 20566 Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices Monesia Moore (NC) Andrew I. Hogue (IN) Sathe M. Hussein (MN) Dustin T. Thompson (OH) Logan W. Smith (TN) Doc G. Madison (MI) Morgan G. Kent (TX) Daniel J. Jones (GA) Evan J. Lambert (OH) Joshua T. Hensley (KY) The following six applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies: Curtis W. Hall (CT) Steven T. Robinson (KY) Timothy G. O’Shea (FL) Jesus I. Gonzalez Gonzalez (IN) Thomas A. Robinson (OH) Luther B. Francois (NY) The following three applicants did not have 3 years of recent experience driving a CMV on public highways with their vision deficiencies: William C. Kelley (WI); Nathaniel L. Pittman (NC); and Jose O. Diaz Rosado (PA) The following five applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions (gaps in driving record): Mark A. Richardson (MD) Mark Patricola (NJ) Jamison W. Gourley (OH) Jacob L. Boyer (MN) Gregory J. Kuhn (NE) The following applicant does not have verifiable proof of commercial driving experience over the past 3 years under normal highway operating conditions that would serve as an adequate predictor of future safe performance: Irving Ibarez (IL) The following 14 applicants were denied for multiple reasons: William G. Gamble (IN) Carlos E. Donahue (AR) Todd A. Wasily (IN) Blake V. Brooks (SD) Anges R. Schultz (TX) John C. Frye (PA) Adam M. Frakes (KY) Andy Fernandez (FL) Mesha L. Rue (NM) George R. Miller (PA) Christopher A. Baxter (IL) Benjamin J. Pasqualone (PA) Reymondo Garcia (NV) Robert E. Anglin (OH) The following eight applicants drove interstate while restricted to intrastate driving: Johnny Watson (GA) Mike N. Uwainat (IL) Henry E. Brown (IL) VerDate Sep<11>2014 17:57 Apr 10, 2020 Jkt 250001 Edgar Ramirez (NY) Otis L. Tate (FL) Carl R. Wakefield (WA) Frederick A. Brown (DC) Adriano De Vargas (MD) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–07680 Filed 4–10–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0114] Hours of Service of Drivers: Application for Exemption; Werner Enterprises Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on Werner Enterprises’ (Werner) application for an exemption from the requirement that certain data fields be included in electronic records of duty status (RODS) files presented by electronic logging devices (ELDs). Specifically, Werner requests that, during the first eight days that each of its drivers transitions to an ELD from its new supplier, Platform Science, five specific data fields in the RODS files accessible through the in-cab ELD unit be left blank due to file compatibility issues between the suppliers’ systems. DATES: Comments must be received on or before May 13, 2020. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2020–0114 using any of the following methods: • Website: https:// www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. • Fax: 1–202–493–2251. • Mail: Send comments to Docket Operations, M–30, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. • Hand Delivery or Courier: Bring comments to Docket Operations, Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal holidays. SUMMARY: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the ‘‘Privacy Act’’ heading for further information. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to Docket Operations, Room W12–140, DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366– 9317 or (202) 366–9826 before visiting Docket Operations. 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. Public participation: The https:// www.regulations.gov website is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the https://www.regulations.gov website as well as the DOT’s https:// docketsinfo.dot.gov website. If you would like notification that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366–4325; Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20565-20566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07680]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0007]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 51 
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 https://www.regulations.gov/docket?D=FMCSA-2020-0007 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. To be sure someone is there to help you, please call (202) 
366-9317 or (202) 366-9826 before visiting Docket Operations.

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 51 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 51 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 two applicants did not have sufficient driving 
experience over the past three years under normal highway operating 
conditions:

Eddie M. Riddle (OH); and James Morris (WV)

    The following 12 applicants had no experience operating a CMV:

David L. Prince (WV)
Zackery R. Burtch (OR)

[[Page 20566]]

Monesia Moore (NC)
Andrew I. Hogue (IN)
Sathe M. Hussein (MN)
Dustin T. Thompson (OH)
Logan W. Smith (TN)
Doc G. Madison (MI)
Morgan G. Kent (TX)
Daniel J. Jones (GA)
Evan J. Lambert (OH)
Joshua T. Hensley (KY)

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

Curtis W. Hall (CT)
Steven T. Robinson (KY)
Timothy G. O'Shea (FL)
Jesus I. Gonzalez Gonzalez (IN)
Thomas A. Robinson (OH)
Luther B. Francois (NY)

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

William C. Kelley (WI); Nathaniel L. Pittman (NC); and Jose O. Diaz 
Rosado (PA)

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

Mark A. Richardson (MD)
Mark Patricola (NJ)
Jamison W. Gourley (OH)
Jacob L. Boyer (MN)
Gregory J. Kuhn (NE)

    The following applicant does not have verifiable proof of 
commercial driving experience over the past 3 years under normal 
highway operating conditions that would serve as an adequate predictor 
of future safe performance:

Irving Ibarez (IL)

    The following 14 applicants were denied for multiple reasons:

William G. Gamble (IN)
Carlos E. Donahue (AR)
Todd A. Wasily (IN)
Blake V. Brooks (SD)
Anges R. Schultz (TX)
John C. Frye (PA)
Adam M. Frakes (KY)
Andy Fernandez (FL)
Mesha L. Rue (NM)
George R. Miller (PA)
Christopher A. Baxter (IL)
Benjamin J. Pasqualone (PA)
Reymondo Garcia (NV)
Robert E. Anglin (OH)

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

Johnny Watson (GA)
Mike N. Uwainat (IL)
Henry E. Brown (IL)
Edgar Ramirez (NY)
Otis L. Tate (FL)
Carl R. Wakefield (WA)
Frederick A. Brown (DC)
Adriano De Vargas (MD)


Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07680 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-EX-P