Qualification of Drivers; Exemption Applications; Vision, 20594-20595 [2021-08065]
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Notices
duration of a driver’s medical
certification.
The Agency’s decision regarding these
exemption applications is based on the
2007 recommendations of the Agency’s
Medical Expert Panel. The Agency
conducted an individualized assessment
of each applicant’s medical information,
including the root cause of the
respective seizure(s) and medical
information about the applicant’s
seizure history, the length of time that
has elapsed since the individual’s last
seizure, the stability of each individual’s
treatment regimen and the duration of
time on or off of anti-seizure
medication. In addition, the Agency
reviewed the treating clinician’s
medical opinion related to the ability of
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the Commercial
Driver’s License Information System for
commercial driver’s license (CDL)
holders, and interstate and intrastate
inspections recorded in the Motor
Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency. A summary of each applicant’s
seizure history was discussed in the
February 23, 2021, Federal Register
notice (FR 86 11044) and will not be
repeated in this notice.
These seven applicants have been
seizure-free over a range of 9 to 26 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last 2 years. In
each case, the applicant’s treating
physician verified his or her seizure
history and supports the ability to drive
commercially.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the epilepsy and seizure disorder
prohibition in § 391.41(b)(8) is likely to
achieve a level of safety equal to that
existing without the exemption.
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 remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) Each driver
must submit annual reports from their
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17:10 Apr 19, 2021
Jkt 253001
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; 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 keep a copy of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
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
Based upon its evaluation of the seven
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, § 391.41(b)(8), subject to the
requirements cited above:
Sayed K. Abbed (IL)
Devante Carter (IL)
David R. Frantz (PA)
Brian P. Klein (IN)
Thomas A. Marx (WA)
Jeffrey Smith, Jr. (FL)
Eric R. Smits (WI)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–08066 Filed 4–19–21; 8:45 am]
PO 00000
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Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0005]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 28
individuals who requested an
exemption from the vision standard in
the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (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 Dockets Operations,
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 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
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0005, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, 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 Dockets 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.
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Notices
II. Background
FMCSA received applications from 28
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 28 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 16 applicants had no
experience operating a CMV:
Jamarion D. Allen (TX)
Said Atrach (FL)
Brandon P. Bryant (CA)
Kenneth J. Dever (PA)
Jason R. Ewing (IL)
Steven D. Gann (GA)
Sebastien C. Guilbot (MD)
Jeremy J. Lawrence Davis (FL)
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17:10 Apr 19, 2021
Jkt 253001
Jeffrey C. Layer (MN)
Silas Lee (NC)
Jay W. Magnuson (WA)
Jeremy H. Norton (CT)
Keith F. Reynolds (OK)
Richard D. Shofner (MN)
Lawrence N. Tuihalamaka (ND)
Jason R. Wolf (CO)
The following six applicants did not
have 3 years of experience driving a
CMV on public highways with their
vision deficiencies:
Bradley F. Bodeker (FL)
Ian Coleman (WA)
Dave Counts (IN)
John L. Horvath (MI)
Brandon A. Oldro (MO)
Conner B. Todd (NE)
The following three applicants did
not have 3 years of recent experience
driving a CMV on public highways with
their vision deficiencies:
Davis J. Charles (AL); David Hunt (AR);
and Hector A. Mercado (FL)
The following two applicants did not
have sufficient driving experience over
the past 3 years under normal highway
operating conditions (gaps in driving
record):
William Y. Gomez Denis (FL); and
Reniery A. Mendez Erazo (MO)
The following applicant was denied
for multiple reasons:
Sandra K. Macklen (SC)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–08065 Filed 4–19–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
based on OFAC’s determination that one
or more applicable legal criteria were
satisfied. All property and interests in
property subject to U.S. jurisdiction of
these persons are blocked, and U.S.
persons are generally prohibited from
engaging in transactions with them.
DATES: See SUPPLEMENTARY INFORMATION
section for effective date.
FOR FURTHER INFORMATION CONTACT:
OFAC: Associate Director for Global
SUMMARY:
PO 00000
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20595
Targeting, tel.: 202–622–2420; Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490;
Assistant Director for Licensing, tel.:
202–622–2480.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Actions
On April 15, 2021, OFAC determined
that the property and interests in
property subject to U.S. jurisdiction of
the following persons are blocked under
the relevant sanctions authorities listed
below.
Individuals
1. GROMOV, Alexei Alexeyevich,
Russia; DOB 31 May 1960; POB Zagorsk
(Sergiev, Posad), Moscow Region,
Russia; nationality Russia; Gender Male;
First Deputy Chief of Staff of the
Presidential Executive Office; First
Deputy Head of Presidential
Administration; First Deputy
Presidential Chief of Staff (individual)
[UKRAINE–EO13661] [ELECTION–
EO13848].
Designated pursuant to section 2(a)(i)
of Executive Order 13848 of September
12, 2018, ‘‘Imposing Certain Sanctions
in the Event of Foreign Interference in
a United States Election,’’ (E.O. 13848)
for having directly or indirectly engaged
in, sponsored, concealed, or otherwise
been complicit in foreign interference in
a United States election.
2. MALKEVICH, Alexander
Aleksandrovich, St. Petersburg, Russia;
DOB 14 Jun 1975; POB Leningrad,
Russia; nationality Russia; Gender Male;
Passport 717637093 (Russia); National
ID No. 781005202108 (Russia)
(individual) [UKRAINE–EO13661]
[CYBER2] [ELECTION–EO13848]
(Linked To: USA REALLY; Linked To:
PRIGOZHIN, Yevgeniy Viktorovich).
Designated pursuant to section
2(a)(iii) of E.O. 13848 for being owned
or controlled by, or having acted or
purported to act for or on behalf of,
directly or indirectly, YEVGENIY
VIKTOROVICH PRIGOZHIN, a person
whose property and interests in
property are blocked pursuant to E.O.
13848.
Also designated pursuant to section
l(a)(iii)(C) of Executive Order 13694 of
April 1, 2015, ‘‘Blocking Property of
Certain Persons Engaging in Significant
Malicious Cyber-Enabled Activities,’’ as
amended by Executive Order 13757 of
December 28, 2016, ‘‘Taking Additional
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20594-20595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08065]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0005]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 28
individuals who requested an exemption from the vision standard in the
Federal Motor Carrier Safety Regulations (FMCSRs) to operate a
commercial motor vehicle (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 Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0005, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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 Dockets 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.
[[Page 20595]]
II. Background
FMCSA received applications from 28 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 28 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 16 applicants had no experience operating a CMV:
Jamarion D. Allen (TX)
Said Atrach (FL)
Brandon P. Bryant (CA)
Kenneth J. Dever (PA)
Jason R. Ewing (IL)
Steven D. Gann (GA)
Sebastien C. Guilbot (MD)
Jeremy J. Lawrence Davis (FL)
Jeffrey C. Layer (MN)
Silas Lee (NC)
Jay W. Magnuson (WA)
Jeremy H. Norton (CT)
Keith F. Reynolds (OK)
Richard D. Shofner (MN)
Lawrence N. Tuihalamaka (ND)
Jason R. Wolf (CO)
The following six applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:
Bradley F. Bodeker (FL)
Ian Coleman (WA)
Dave Counts (IN)
John L. Horvath (MI)
Brandon A. Oldro (MO)
Conner B. Todd (NE)
The following three applicants did not have 3 years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Davis J. Charles (AL); David Hunt (AR); and Hector A. Mercado (FL)
The following two applicants did not have sufficient driving
experience over the past 3 years under normal highway operating
conditions (gaps in driving record):
William Y. Gomez Denis (FL); and Reniery A. Mendez Erazo (MO)
The following applicant was denied for multiple reasons:
Sandra K. Macklen (SC)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-08065 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-EX-P
