2021-08065. 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 28 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce.

FOR FURTHER INFORMATION CONTACT:

Ms. Christine A. Hydock, Chief, Medical Programs Division, [phone], [e-mail], 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 Dockets Operations, [phone].

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

To view comments go to www.regulations.gov. Insert the docket number, FMCSA-2021-0005, 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 [phone] or [phone] 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 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 28 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 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 28 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 16 applicants had no experience operating a CMV:

Jamarion D. Allen (TX)

Said Atrach (FL)

Brandon P. Bryant (CA)

Kenneth J. Dever (PA)

Jason R. Ewing (IL)

Steven D. Gann (GA)

Sebastien C. Guilbot (MD)

Jeremy J. Lawrence Davis (FL)

Jeffrey C. Layer (MN)

Silas Lee (NC)

Jay W. Magnuson (WA)

Jeremy H. Norton (CT)

Keith F. Reynolds (OK)

Richard D. Shofner (MN)

Lawrence N. Tuihalamaka (ND)

Jason R. Wolf (CO)

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

Bradley F. Bodeker (FL)

Ian Coleman (WA)

Dave Counts (IN)

John L. Horvath (MI)

Brandon A. Oldro (MO)

Conner B. Todd (NE)

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

Davis J. Charles (AL); David Hunt (AR); and Hector A. Mercado (FL)

The following two applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions (gaps in driving record):

William Y. Gomez Denis (FL); and Reniery A. Mendez Erazo (MO)

The following applicant was denied for multiple reasons:

Sandra K. Macklen (SC)

Larry W. Minor,

Associate Administrator for Policy.