Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
6 February 2019

[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2320-2321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01254]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0003]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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[[Page 2321]]

SUMMARY: FMCSA announces its decision to deny applications from 62 
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, 
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.

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. 
Insert the docket number, FMCSA-2019-0003, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button 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 
Management Facility 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 62 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 the regulation 49 CFR 391.41(b)(10).

III. Basis for Exemption Determination

    Under 49 U.S.C.31136(e) and 31315, FMCSA may grant an exemption if 
it finds such an exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such an exemption.
    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 the regulation 49 CFR 
391.41(b)(10). Therefore, the 62 applicants in this notice have been 
denied exemptions from the physical qualification standards in 49 CFR 
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:
    Colin H. Goss (KY); Samuel R. Jennings (WA); and Michael A. Tomsha 
(IA).
    The following 29 applicants had no experience operating a CMV:

Michael J. Baragona (NY)
Daniel E. Barnes (FL)
David R. Baskin (PA)
Victor D. Calderon (FL)
Onesimus C. Callaway (WA)
Daryl K. Chavis (MO)
Kevin F. Christof (TX)
William T. Comer (OH)
Kevin E. Curry (TX)
Patrick M. Cynar (IL)
Wondimu L. Fantawu (OH)
Phillip T. Ferraro (NJ)
Juan A. Flores (TX)
Gregory B. Gosha (AL)
Raymond W. Gudenau (MI)
Lucian D. Jackson (OH)
Anthony Jenkins (AL)
Eric C. Johnson (PA)
Candice Lambert (IL)
Dakota P. Mayberry (IL)
Ryan K. McConnell (SC)
Cameron A. Mote (TX)
Edwin J. Orellana (NJ)
Javier A. Outeiro (UT)
Ryan T. Roberts (MN)
Robert Singley (NY)
Matthew A. Spaits (CO)
Joshua B. Wells (KY)
Matthew Zappi (PA)

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

Dale R. Bratcher (NM)
Robert A. Maston (GA)
Thomas W. Rush (TN)
Lance L. Russell (NY)

    The following 16 applicants did not have three years of recent 
experience driving a CMV on public highways with their vision 
deficiencies:

Ronald D. Averill (CO)
Mihail Bendos (WA)
Jeffrey W. Blackmon (TX)
Waynetta J. Evans (FL)
James L. Fourcher (UT)
William C. Kelley (WI)
Earl D. Lilley (TX)
Alan M. Mahler (IN)
Scott M. McDonnell (MI)
Ricky Moore (LA)
Anthony J. Mumphrey (IA)
William L. Peterson (NE)
Gregory D. Shirah (AL)
Shannon R. Smit (AZ)
Steve Trought (FL)
Joshua D. Wilcox (MD)

    The following applicant, William T. Satterley (KY), did not have 
sufficient driving experience over the past three years under normal 
highway operating conditions (gaps in driving record).
    The following seven applicants were denied for multiple reasons:

Megin Berlin (NE)
Curtis V. Boys (IL)
Howard L. Jenkins (VA)
Joan C. Landis (FL)
Carlos Smith (LA)
Thomas L. Stollings (IN)
Michael R. Wilder (CO)

    The following two applicants have not had stable vision for the 
preceding three-year period:
    Earl W. Gibson (MO); and Donald E. Ratliff (KY).

    Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-01254 Filed 2-5-19; 8:45 am]
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