[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58444-58445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23766]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0016]
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 91
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
Services, (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 http://www.regulations.gov/docket?D=FMCSA-2019-0016 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.
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.dot.gov/privacy.
II. Background
FMCSA received applications from 91 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 91 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 three applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions:
Edwin C. Cassidy (CA); Chad M. Moser (IA); and Frank L. Novich, Jr.
(MO)
The following 34 applicants had no experience operating a CMV:
Kevin F. Aguiar (MA)
Carlos Aliaga Molina (IA)
Beverly J. Allen (OR)
Adam E. Atkinson (WY)
Jacob A. Bigelow (WI)
Douglas Bock (PA)
Zachary M. Bolton (SC)
Jamin R. Burson (OR)
James A. Claiborne (MD)
Christian C. Cutler (CA)
Robert F. Fullwood (PA)
Fidel V. Garcia (NJ)
Nikolas K. Gehrke (MS)
Stanley A. Green (TN)
Lonnie C. Harpole (KY)
Salman A. Hassan (MN)
Kody P. Hofman (WI)
Jon B. Jantzer (WA)
Colt Jarrett (UT)
Jonathan Leonard (NC)
Alejandro Manzano Perez (CA)
Daniel L. Proud (MD)
Ronald L. Riding (KS)
Martin Sandoval (IL)
Cheryl A. Sersland (IL)
Jason D. Smith (FL)
Willie L. Smith (TX)
Felix L. Spates (AR)
Scott A. Stead (WV)
Rasan Tahirovic (ND)
Tommy J. Tinley (PA)
Eh D. Wah (WA)
Justin J. Wegner (WI)
Aubrey L. Wilson (IN)
The following 21 applicants did not have three years of experience
driving a CMV on public highways with their vision deficiencies:
James D. Bersey (FL)
Joel Bonilla (KS)
Kevin A. Bretz (NH)
Kevin C. Brunk (WI)
David R. Corujo (SD)
Lewis M. Culbertson (MD)
Mark A. Darnell (KY)
Carlos E. Donahue (AR)
Steven B. Hanson (MN)
Eduardo R. Martinez (ID)
Carl J. Medlock (NE)
Gary A. Oleson (IL)
Jacob D. Rhinehart (ID)
Timothy P. Sadler (WI)
[[Page 58445]]
Jose G. Sayago (MI)
Bradley D. Shonkwiler (MN)
James L. Stacy (AR)
Richard H. Stout (OH)
Terrence D. Taylor (TN)
Roger D. Williams (MO)
Douglas E. Zelaya (CA)
The following seven applicants did not have three years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Christinia J. Chapman (PA)
Wendell A. Dowdy (MO)
John D. Hulbert (AL)
William W. Johnson (WY)
Kennard D. Julien (WA)
Gary D. Larson (NE)
Christopher St. Croix (NY)
The following four applicants did not have sufficient driving
experience over the past three years under normal highway operating
conditions (gaps in driving record):
James M. Kivett (NC)
Kyla E. Lamb (OH)
Zachary W. Lundy (SD)
Phillip D. Parker (MN)
The following applicant two applicants were charged with moving
violations in conjunction with CMV accidents:
Zane D. Elliott (WV); and Donald K. Etter (PA)
Donald K. Etter (PA) was included in a notice requesting public
comment on the Agency's intent to grant an exemption (docket no. FMCSA-
2019-0009). During the commenting period, the applicant was involved in
a CMV crash, and failed to submit supporting documentation for review.
The exemption was not granted at that time. Information relating to the
crash was submitted, and application was denied for the reasons cited
above.
The following two applicants contributed to accident(s) in which
the applicant was operating a CMV, which is a disqualifying offense:
Eddie B. Strange (GA); and Richard C. Strassburg (NY)
The following ten applicants were denied for multiple reasons:
Joseph C. Carpenter (CA)
Tommy J. Garcia (NM)
Jerry M. Madden (TX)
Christopher J. Marden (NH)
Saul Quintero (IN)
Barry Seiwell (PA)
Rickey S. Sheppard (AL)
Gregory D. Van Ruler (MN)
Alexander L. Walls (OR)
Jorge Zambrano (NJ)
The following six applicants have not had stable vision for the
preceding three-year period:
Dennis D. Coulter (OH)
Ronald D. Davis (TX)
Adrian Hernandez (CA)
James M. Simpson (MO)
Glen Sterling (LA)
Ricky D. Wright (MO)
The following two applicants drove interstate while restricted to
intrastate driving:
David Guerra (TX); and Edward R. Schmocker (WI)
Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23766 Filed 10-30-19; 8:45 am]
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