Qualification of Drivers; Exemption Applications; Vision, 60084-60085 [2021-23601]

Download as PDF 60084 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices Process or process-related information Part 5 ref Comments Training Requirements 5.91 .................... Employee training as required. Communication Related to Process Outputs 5.93 .................... Communication. • Employee awareness of SMS. • Hazard information to employees. • Explanation of why actions have been taken. • Explanation of why safety procedures are introduced or changed. [FR Doc. 2021–23522 Filed 10–28–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0013] B. Privacy Act Qualification of Drivers; Exemption Applications; Vision In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory 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. Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 42 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, DOT, 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 khammond on DSKJM1Z7X2PROD with NOTICES 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. A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0013, 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 VerDate Sep<11>2014 18:17 Oct 28, 2021 Jkt 256001 II. Background FMCSA received applications from 42 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 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 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 42 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 applicant, Ryan K. Terrill (VT), did not have sufficient driving experience over the past 3 years under normal highway operating conditions due to limited hours of driving. The following 26 applicants had no experience operating a CMV: Wolfgang Albarran (NM) Richard Athey (IL) Noah R. Barnes (OH) Maxwell J. Boeckel (ND) Jesus A. Borrego (NM) Chase D. Carey (WI) Jackie W. Cline (AL) Ivan Delgado (FL) Daniel C. Elliott (SD) Timothy W. Garrett (OK) Isaiah D. Guardado (CA) Joshua M. Helgerman (PA) Kyle R. Henderson (NJ) Edmond S. Kerol (GA) Mubeen A. Kidwai (IL) E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices Mussie D. Mekonen (MD) Teresa Miller (AR) Mike D. Newman (WA) Nichole Otterson (OH) Carlos A. Reyes (NJ) Derrick Robinson (AL) Sterling W. Saunders (IN) Chandler W. Smith (OK) Brian S. Sturtz (IA) Jasily Valdez (NJ) Gregory A. Viverette (IL) The following eight applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies: John D. Bequette (ID) John D. Hicks (NM) James M. Miller (SC) Miguel A. Salvatierra (CO) Howard B. Seal (WV) Robert E. Smith (VA) Douglas R. Washabaugh (PA) Glen S. Zimmerman (PA) The following applicant, David C. Benson (MO), did not have 3 years of recent experience driving a CMV on public highways with his vision deficiency. The following applicant, Eugene F. Napieralski (MN), did not have sufficient driving experience over the past 3 years under normal highway operating conditions due to gaps in his driving record. The following two applicants were denied for multiple reasons: Devin L. Boyett (AL); and Ezra C. Childress (OR) The following applicant, Daniel L. Foth (WI), has not had stable vision for the preceding 3-year period. The following two applicants drove interstate while restricted to intrastate driving: Natalie M. Babcock (WA); and Russell E. Burden (WY) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–23601 Filed 10–28–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration khammond on DSKJM1Z7X2PROD with NOTICES [Docket No. FMCSA–2021–0011] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt six individuals from SUMMARY: VerDate Sep<11>2014 18:17 Oct 28, 2021 Jkt 256001 the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: The exemptions were applicable on October 9, 2021. The exemptions expire on October 9, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, DOT, 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 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–2021–0011, 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 regulatory 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 September 8, 2021, FMCSA published a notice announcing receipt of applications from six individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 60085 public (86 FR 50424). The public comment period ended on October 8, 2021, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(10). The physical qualification standard for drivers regarding vision found in § 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received one comment in this proceeding. Lee Cole submitted a comment that was outside the scope of this notice. IV. 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 medical reports about the applicants’ vision, as well as their driving records and experience driving with the vision deficiency. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the September 8, 2021, Federal Register notice (86 FR 50424) and will not be repeated here. FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The six exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60084-60085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23601]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0013]


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 42 
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, 
DOT, 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-2021-0013, 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 regulatory 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 42 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 42 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 applicant, Ryan K. Terrill (VT), did not have 
sufficient driving experience over the past 3 years under normal 
highway operating conditions due to limited hours of driving.
    The following 26 applicants had no experience operating a CMV:

Wolfgang Albarran (NM)
Richard Athey (IL)
Noah R. Barnes (OH)
Maxwell J. Boeckel (ND)
Jesus A. Borrego (NM)
Chase D. Carey (WI)
Jackie W. Cline (AL)
Ivan Delgado (FL)
Daniel C. Elliott (SD)
Timothy W. Garrett (OK)
Isaiah D. Guardado (CA)
Joshua M. Helgerman (PA)
Kyle R. Henderson (NJ)
Edmond S. Kerol (GA)
Mubeen A. Kidwai (IL)

[[Page 60085]]

Mussie D. Mekonen (MD)
Teresa Miller (AR)
Mike D. Newman (WA)
Nichole Otterson (OH)
Carlos A. Reyes (NJ)
Derrick Robinson (AL)
Sterling W. Saunders (IN)
Chandler W. Smith (OK)
Brian S. Sturtz (IA)
Jasily Valdez (NJ)
Gregory A. Viverette (IL)

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

John D. Bequette (ID)
John D. Hicks (NM)
James M. Miller (SC)
Miguel A. Salvatierra (CO)
Howard B. Seal (WV)
Robert E. Smith (VA)
Douglas R. Washabaugh (PA)
Glen S. Zimmerman (PA)

    The following applicant, David C. Benson (MO), did not have 3 years 
of recent experience driving a CMV on public highways with his vision 
deficiency.
    The following applicant, Eugene F. Napieralski (MN), did not have 
sufficient driving experience over the past 3 years under normal 
highway operating conditions due to gaps in his driving record.
    The following two applicants were denied for multiple reasons:

Devin L. Boyett (AL); and Ezra C. Childress (OR)

    The following applicant, Daniel L. Foth (WI), has not had stable 
vision for the preceding 3-year period.
    The following two applicants drove interstate while restricted to 
intrastate driving:

Natalie M. Babcock (WA); and Russell E. Burden (WY)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-23601 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-EX-P


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