Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 32439-32440 [2020-11547]
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Notices
vehicle safely in intrastate commerce
with the vision deficiency for the past
3 years. Recent driving performance is
especially important in evaluating
future safety, according to several
research studies designed to correlate
past and future driving performance.
Results of these studies support the
principle that the best predictor of
future performance by a driver is his/her
past record of crashes and traffic
violations. Copies of the studies may be
found at https://www.regulations.gov/
docket?D=FMCSA-1998-3637.
FMCSA believes it can properly apply
the principle to monocular drivers,
because data from the Federal Highway
Administration’s (FHWA) former waiver
study program clearly demonstrated the
driving performance of experienced
monocular drivers in the program is
better than that of all CMV drivers
collectively.1 The fact that experienced
monocular drivers demonstrated safe
driving records in the waiver program
supports a conclusion that other
monocular drivers, meeting the same
qualifying conditions as those required
by the waiver program, are also likely to
have adapted to their vision deficiency
and will continue to operate safely.
The first major research correlating
past and future performance was done
in England by Greenwood and Yule in
1920. Subsequent studies, building on
that model, concluded that crash rates
for the same individual exposed to
certain risks for two different time
periods vary only slightly (See Bates
and Neyman, University of California
Publications in Statistics, April 1952).
Other studies demonstrated theories of
predicting crash proneness from crash
history coupled with other factors.
These factors—such as age, sex,
geographic location, mileage driven and
conviction history—are used every day
by insurance companies and motor
vehicle bureaus to predict the
probability of an individual
experiencing future crashes (See Weber,
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression
Analysis of a Poisson Process,’’ Journal
of American Statistical Association,
June 1971). A 1964 California Driver
Record Study prepared by the California
Department of Motor Vehicles
concluded that the best overall crash
predictor for both concurrent and
nonconcurrent events is the number of
single convictions. This study used 3
consecutive years of data, comparing the
1 A thorough discussion of this issue may be
found in a FHWA final rule published in the
Federal Register on March 26, 1996 and available
on the internet at https://www.govinfo.gov/content/
pkg/FR-1996-03-26/pdf/96-7226.pdf.
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17:06 May 28, 2020
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experiences of drivers in the first 2 years
with their experiences in the final year.
III. Qualifications of Applicants
Thomas M. Bakeberg
Mr. Bakeberg, 30, has had a retinal
detachment in his left eye since 2015.
The visual acuity in his right eye is 20/
20, and in his left eye, 20/80. Following
an examination in 2020, his optometrist
stated, ‘‘In my medical opinion, Mr.
Bakeberg has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Bakeberg reported that he has driven
straight trucks for 12 years,
accumulating 120,000 miles, and
tractor-trailer combinations for 12 years,
accumulating 120,000 miles. He holds a
Class A3 CDL from South Dakota. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Jacob T. Johnson
Mr. Johnson, 28, has a retinal
detachment in his right eye due to a
traumatic incident in 2012. The visual
acuity in his right eye is 20/70, and in
his left eye, 20/20. Following an
examination in 2019, his optometrist
stated, ‘‘Jacob has sufficiant [sic] vision
to operate a commercial vehicle.’’ Mr.
Johnson reported that he has driven
straight trucks for 5 years, accumulating
50,000 miles, and tractor-trailer
combinations for 5 years, accumulating
200,000 miles. He holds a Class A CDL
from Iowa. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Michael E. McClain, Jr.
Mr. McClain, Jr., has had a coloboma
in his left eye since birth. The visual
acuity in his right eye is 20/20, and in
his left eye has no light perception.
Following an examination in 2019, his
optometrist stated, ‘‘In my medical
opinion, Michael has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
McClain reported that he has driven
straight trucks for 8 years, accumulating
128,000 miles, and tractor-trailer
combinations for 8 years, accumulating
64,000 miles. He holds a class AM CDL
from Pennsylvania. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Cory A. Rand
Mr. Rand, 51, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/150. Following an
examination in 2019, his optometrist
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32439
stated, ‘‘In my opinion, Cory Rand has
sufficient and adequate vision to operate
a commercial motor vehicle.’’ Mr. Rand
reported that he has driven straight
trucks for 20 years, accumulating
800,000 miles. He holds a Class C CDL
from New Hampshire. His driving
record for the last 3 years shows no
crashes and one conviction for moving
violations in a CMV; following too
closely.
Paul L. Simmons
Mr. Simmons, 40, has complete loss
of vision in his left eye due to a
sarcoidosis infection in 2011. The visual
acuity in his right eye is 20/20, and in
his left eye, no light perception.
Following an examination in 2019, his
optometrist stated, ‘‘His right eye is
normal, and he has demonstrated that
he has sufficient vision to operate a
commercial motor vehicle safely over
the past ten years while having no
vision in his left eye.’’ Mr. Simmons
reported that he has driven straight
trucks for 5 years, accumulating 375,000
miles, and tractor-trailer combinations
for 6 years, accumulating 1.2 million
miles. He holds an operator’s license
from North Carolina. His driving record
for the last 3 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–11548 Filed 5–28–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0048]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 21
individuals who requested an
exemption from the Federal Motor
SUMMARY:
E:\FR\FM\29MYN1.SGM
29MYN1
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Notices
Carrier Safety Regulations (FMCSRs)
prohibiting persons with a clinical
diagnosis of epilepsy or any other
condition that is likely to cause a loss
of consciousness or any loss of ability to
operate a commercial motor vehicle
(CMV) from operating CMVs 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 material 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-2020-0048 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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
jbell on DSKJLSW7X2PROD with NOTICES
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 21
individuals who requested an
exemption from the FMCSRs
prohibiting persons with a clinical
diagnosis of epilepsy or any other
condition that is likely to cause a loss
of consciousness or any loss of ability to
operate a CMV from operating CMVs in
interstate commerce.
FMCSA has evaluated the eligibility
of these applicants and concluded that
granting these exemptions would not
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17:06 May 28, 2020
Jkt 250001
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)(8).
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. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification. 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 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)(8).
Therefore, the 21 applicants in this
notice have been denied exemptions
from the physical qualification
standards in § 391.41(b)(8).
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 21 applicants do not
meet the minimum time requirement for
being seizure-free, either on or off of
anti-seizure medication:
Christopher Bowey (WY)
Randal Clawson (CO)
Mario Cuellar-Gutierrez (CO)
Eric DeVos (IA)
John Ellinghausen (OH)
Vitorio Garcia (CA)
Stephen Grigson (IN)
Richard Jeromchek (WA)
Vang Kie (MN)
Michael Koroll (MN)
Paul LaHue (IN)
Matthew Lee (CT)
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Fmt 4703
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Jonathan Nass (ID)
Daniel O’Neill (CT)
Gary Oliver (NC)
Richard Parsons (KS)
Daniel Ricker (OR)
Theresa Shannon (IL)
Mark Shurtz (WA)
Peter Stevens (NC)
Ron Vargo (NJ)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–11547 Filed 5–28–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–9]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified below.
DATES: Interested persons are invited to
submit comments on or before July 28,
2020.
ADDRESSES: Submit written comments
on the ICR activities by mail to either:
Ms. Qiana Swayne, Information
Collection Clearance Officer, Office of
Railroad Policy and Development,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC
20590; or Ms. Kim Toone, Information
Collection Clearance Officer, Office of
Administration, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB Control Number 2130–0615,’’
and should also include the title of the
ICR. Alternatively, comments may be
faxed to (202) 493–6216 or (202) 493–
6497, or emailed to Ms. Swayne at
Qiana.Swayne@dot.gov, or Ms. Toone at
Kim.Toone@dot.gov. Please refer to the
assigned OMB control number in any
SUMMARY:
E:\FR\FM\29MYN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32439-32440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11547]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0048]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 21
individuals who requested an exemption from the Federal Motor
[[Page 32440]]
Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical
diagnosis of epilepsy or any other condition that is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs 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 material 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-2020-0048 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. 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 21 individuals who requested an
exemption from the FMCSRs prohibiting persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to operate a CMV from operating
CMVs in interstate commerce.
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)(8).
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. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical 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 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
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)(8).
Therefore, the 21 applicants in this notice have been denied exemptions
from the physical qualification standards in Sec. 391.41(b)(8).
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 21 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Christopher Bowey (WY)
Randal Clawson (CO)
Mario Cuellar-Gutierrez (CO)
Eric DeVos (IA)
John Ellinghausen (OH)
Vitorio Garcia (CA)
Stephen Grigson (IN)
Richard Jeromchek (WA)
Vang Kie (MN)
Michael Koroll (MN)
Paul LaHue (IN)
Matthew Lee (CT)
Jonathan Nass (ID)
Daniel O'Neill (CT)
Gary Oliver (NC)
Richard Parsons (KS)
Daniel Ricker (OR)
Theresa Shannon (IL)
Mark Shurtz (WA)
Peter Stevens (NC)
Ron Vargo (NJ)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-11547 Filed 5-28-20; 8:45 am]
BILLING CODE 4910-EX-P
