Notice2021-16541
Qualification of Drivers; Exemption Applications; Vision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny applications from 27 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in interstate commerce.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 42007-42008]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16541]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0009]
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 27
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, <a href="/cdn-cgi/l/email-protection#bfd9d2dcccded2dadbd6dcded3ffdbd0cb91d8d0c9"><span class="__cf_email__" data-cfemail="96f0fbf5e5f7fbf3f2fff5f7fad6f2f9e2b8f1f9e0">[email protected]</span></a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number, FMCSA-2021-0009, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
II. Background
FMCSA received applications from 27 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 27 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, Michael S. Hundley (KS), did not have
sufficient driving experience over the past three years under normal
highway operating conditions:
The following 11 applicants had no experience operating a CMV:
Erik R. Almquist (NC)
Gregory M. Flowers (MS)
Alexander A.D. Garcia (CA)
Kenrick W. Hamilton (NV)
Cody R. Hare (PA)
Thomas W. Kurutz (PA)
William F. McEvoy (IL)
Kyle R. Mckenna (WA)
Joel R. Mitchell (FL)
Abdi S. Negeri (OR)
Merhawi Tesfay (NV)
The following five applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:
Bryan J. Teaster (NC)
Robbie R. Austin (ID)
Owen R. Powell (WI)
Jared L. Coleman (VA)
Zachary J. Rowzee (MS)
The following two applicants did not have 3 years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Russell Askew (KS); Terrance A. Nicely (IN)
The following three applicants did not have sufficient driving
experience over the past 3 years under normal
[[Page 42008]]
highway operating conditions (gaps in driving record):
Mario A. Martinez Borroto (TX); James E. Marsh (UT); Donald L. Elsberry
(IA)
The following applicant, Charles D. Parks (OH), did not demonstrate
the level of safety required for interstate driving (excessive moving/
non-moving violations during 3-year period).
The following two applicants were denied for multiple reasons:
Jason Beer (NE); Armando Palomino Gonzalez (OK)
The following applicant, Dave Counts (IN), has not had stable
vision for the preceding 3-year period.
The following applicant, Jatinder K. Mahi (CA), does not meet the
vision standard in his better eye.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-16541 Filed 8-3-21; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 4, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.