Qualification of Drivers; Exemption Applications; Vision, 20594-20595 [2021-08065]

Download as PDF 20594 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 VerDate Sep<11>2014 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 Frm 00119 Fmt 4703 Sfmt 4703 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. E:\FR\FM\20APN1.SGM 20APN1 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) VerDate Sep<11>2014 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 Frm 00120 Fmt 4703 Sfmt 4703 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 20APN1

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]


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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.

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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