[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16335-16336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07789]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0007]


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 103 
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.

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-2019-0007, 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 103 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

[[Page 16336]]

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 103 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:

David A. Farmer (SC); Thomas J. Johnston (TX); and Robert F. LaMark 
(PA)

    The following 42 applicants had no experience operating a CMV:

Danny L. Abraham (GA)
Kentrell L. Alexander (LA)
Marc A. Alt (NC)
Henry G. Boles (TX)
Justin D. Buetow (MN)
Carlos Candelario (CA)
Zachary D. Coots (KY)
James J. Corr (NE)
David L. Cousin (TN)
Alan C. Cox (IL)
Brian Downton (NY)
Stephen S. Evans (KS)
Lasheika E. Felton (FL)
Jacob P. Lennington (MN)
Angela M. Levin (IL)
Abdilatif D. Malishe (NY)
Chad J. Michels (IA)
Patricia A. Minnich (WA)
Edward E. Morris (TX)
Julio C. Orellana (TX)
Nelson D. Perry (VT)
Brian M. Porter (IL)
Larry D. Porter (IA)
William B. Postel (IN)
De'Warren J. Reaves (MD)
David L. Reid (CO)
Charles D. Reynolds (NC)
Robert L. Rider (VA)
Herbert D. Ryan (AL)
Jesus A. Sanchez-Galvan (GA)
Justin D. Savio (NJ)
Joshua G. Seabolt (GA)
Judson Sejour (FL)
Ahmad Shirin (NC)
Larry W. Stephenson (WA)
Jason Thomas (AL)
Giovany M. Torres Aleman (TX)
Patrick J. Walkey (OH)
Alex L. Wanechek (WA)
Ernest J. Ward (FL)
Daniel L. White (WA)
Justin D. White (KS)

    The following 17 applicants did not have three years of experience 
driving a CMV on public highways with their vision deficiencies:

Robert M. Adams (KY)
Charles V. Adcock (WA)
Yordan Belaunzaran (FL)
Mack A. Franks (IL)
Danny C. Henrichs (MT)
Terry W. Kelly (OR)
Andrew E. Kroll (IL)
Earl D. Lilley (TX)
Michael D. Marshall (ME)
James E. McLaughlin (IN)
Ted E. Parker (IL)
Michael R. Patrick (CO)
Candelario M. Peraza (WA)
Iurii V. Perkov (OR)
Joe S. Price (NC)
Steven L. Voigt (IL)
Randell N. Wallis (CO)

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

Donald Carrillo (NM)
Thomas H. Harnack (IA)
Elvin J. Horst (OH)
Clarence R. Keller (AL)
Brian D. Marlow (TN)
Dennis A. Mercer (IN)
Patrick Seaux (LA)
Lawrence A. Swatfager (ND)

    The following three applicants did not have sufficient driving 
experience over the past three years under normal highway operating 
conditions (gaps in driving record):

Paul C. Bowen (WY); James D. Taylor (TN); and Michael J. Wells (NC)

    The following applicant, Gary Nappier (VA), was charged with moving 
violations in conjunction with CMV accidents.
    The following applicant, Steven A. Schaumberg (NJ), contributed to 
accident(s) in which the applicant was operating a CMV, which is a 
disqualifying offense.
    The following two applicants did not hold a license that allowed 
operation of vehicles over 26,000 lbs. for all or part of the three-
year review period:

Kevin R. Martin (IN); and Bryan J. Teaster (NC)

    The following applicant, Carlos A. Melendez (MD), did not have an 
optometrist or ophthalmologist willing to make a statement that they 
are able to operate a commercial vehicle from a vision standpoint.
    The following 15 applicants were denied for multiple reasons:

Larry D. Bowman (CA)
Arturo Garcia (IN)
John F. Janicki (MI)
Christopher R. Marden (NH)
Christian R. McHenry (IN)
John W. McNeel (AL)
Jerrell Mitchell (CA)
Dean E. Prindle (MI)
Saul Quintero (IN)
Richard R. Roggeman (IN)
Robert L. Schwartz (ND)
Tanveer Siddiq (NJ)
Christopher T. Sides (ME)
Robert Tichauer (PA)
Ronnie D. Van Zant (VA)

    The following eight applicants have not had stable vision for the 
preceding three-year period:

William M. Batten (TX)
Dale O. Hoover (PA)
Shawn R. Leasy (ID)
George W. Luster (AL)
Lonnie A. Neimeister (OH)
Donald E. Ratliff (KY)
Patricia D. Wallace (MI)
Barry Young (PA)

    The following two applicants drove interstate while restricted to 
intrastate driving:

Michael D. Cameron (GA); and Terrence H. Flick (IL).

    Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07789 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P