40632 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

without a hearing aid when the 

audiometric device is calibrated to 

American National Standard (formerly 

ASA Standard) Z24.5—1951. 

49 CFR 391.41(b)(11) was adopted in 

1970, with a revision in 1971 to allow 

drivers to be qualified under this 

standard while wearing a hearing aid, 

35 FR 6458, 6463 (April 22, 1970) and 

36 FR 12857 (July 3, 1971). 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. Vicky Johnson, of the 

Minnesota Department of Safety wrote 

that the Minnesota Department of Safety 

has no objections to Gary T. Nagel 

obtaining a hearing exemption. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the hearing standard in 

49 CFR 391.41(b)(11) if the exemption is 

likely to achieve an equivalent or greater 

level of safety than would be achieved 

without the exemption. The exemption 

allows the applicants to operate CMVs 

in interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on 

current medical information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ The 

evidence report reached two 

conclusions regarding the matter of 

hearing loss and CMV driver safety: (1) 

No studies that examined the 

relationship between hearing loss and 

crash risk exclusively among CMV 

drivers were identified; and (2) evidence 

from studies of the private driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System 

(CDLIS), for commercial driver’s license 

(CDL) holders, and inspections recorded 

in the Motor Carrier Management 

Information System (MCMIS). For nonCDL holders, the Agency reviewed the 

driving records from the State Driver’s 

Licensing Agency (SDLA). Each 

applicant’s record demonstrated a safe 

driving history. Based on an individual 

assessment of each applicant that 

focused on whether an equal or greater 

level of safety is likely to be achieved by 

permitting each of these drivers to drive 

in interstate commerce as opposed to 

restricting him or her to driving in 

intrastate commerce, the Agency 

believes the drivers granted this 

exemption have demonstrated that they 

do not pose a risk to public safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the hearing standard in 49 CFR 

391.41(b)(11) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

IV. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must report any crashes or 

accidents as defined in 49 CFR 390.5; 

(2) each driver must report all citations 

and convictions for disqualifying 

offenses under 49 CFR part 383 and 49 

CFR 391 to FMCSA; and (3) each driver 

is prohibited from operating a 

motorcoach or bus with passengers in 

interstate commerce. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. In addition, the 

exemption does not exempt the 

individual from meeting the applicable 

CDL testing requirements. 

V. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the 30 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, 49 CFR 391.41(b)(11), 

subject to the requirements cited above: 

Alan M. Bridgeford (NV) 

Mataio Brown (MS) 

Leroy Carter (OH) 

Robert M. Cates (NM) 

Rocky R. Chin (WA) 

Ralph E. Craig (IL) 

Cesar DeLeon (TX) 

Brody DiPasquale (MD) 

Edward J. Duhon (AL) 

Lyle Eash (OH) 

Richard R. Fisher (PA) 

Kinberly I. Foss (CA) 

Bradley Ledford (TN) 

Dustin McFadden (TX) 

Francisco M. Mendoza (CA) 

Jack W. Mitchell (TX) 

Eugene Mostepan (CA) 

Steven Moorehead (OH) 

Gary T. Nagel (MN) 

Marcel Paul (WA) 

Dexter E. Perez (WI) 

Connie Ralston (GA) 

Noble D. Reed (TX) 

Kurt Sanders (VA) 

David L. Schibilla (IL) 

Pamela Singleton (TX) 

Robert W. Slate (NM) 

Willine D. Smith (GA) 

Michael R. Tayman (ME) 

Jason R. Winemiller (IL) 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: August 9, 2018 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17607 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0016] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 110 

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., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

I. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/or Room 

W12–140 on the ground level of the 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40633 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

FMCSA received applications from 

110 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 then, 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 criteria 

eligibility 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 110 

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 six applicants did not 

have sufficient driving experience over 

the past three years under normal 

highway operating conditions: 

Emma D. Hyde Howe (WA) 

Wallace T. Kraus (IN) 

Luis M. Perez-Francisco (NJ) 

Darrell Potteiger (PA) 

Jeffrey J. Winter (KS) 

Scott E. Zinn (CA) 

The following 35 applicants had no 

experience operating a CMV: 

Eurico F. Barbosa (MA) 

Michael A. Barone (TX) 

Celine Burgos (NJ) 

Geovanny J. Cano-Cruz (NJ) 

Luis Cardona (CA) 

Eduardo Carrasco (AZ) 

Nelson D. Carvalho (TX) 

Sergio Chavez-Nunez (IL) 

Jeffrey M. Colson (NY) 

Hunter W. Cook (MS) 

James F. Duffy (NJ) 

Michael S. Engel (CO) 

David W. Frieze (MN) 

Christopher D. Gilbert (ND) 

Jose S. Hernandez (TX) 

Jesse J. James (MI) 

Tammy L. Loran (ND) 

Jonathan B. Lovette (TN) 

Russell T. Meyers (OH) 

Giedrius Morkunas (IL) 

Michael D. Narveson (MN) 

Jose L. Olvera-Hernandez (PA) 

Mohammed A. Omer (MN) 

Timothy L. Porter (AL) 

Robert L. Price (CO) 

Jerad J. Riddle (IL) 

Doral W. Robinson (MD) 

Nicholas A. Smyth (NE) 

Anes Tabakovic (IA) 

Anthony R. VanAcker (IN) 

John T. Vanderbeek (UT) 

Andry A. Vargas (MA) 

McKenley M. Victor (DE) 

David W. Wiard (MI) 

Tarrence R. Williams (MS) 

The following 23 applicants did not 

have three years of experience driving a 

CMV on public highways with their 

vision deficiencies: 

Matthew R. Beggs (IL) 

Richard W. Bullard (FL) 

Paulo G. Clemente (NC) 

Hector A. Davila (GA) 

Chad M. Diamond (HI) 

Paul A. Gulotta (NV) 

Burl V. Ingebretsen (MN) 

Russell L. Kelly (SC) 

Nicholas J. Luksha (TN) 

Jerred R. Murray (NY) 

Christopher J. Neville (ME) 

Eric L. Nydick (KS) 

Robert F. Reed (NV) 

Wesley C. Riley (IL) 

Dennis E. Sanches (CO) 

Alexander P. Scardino (NY) 

Jeffrey A. See (FL) 

Don J. Smith (VA) 

Terry L. Stanger (IL) 

Robert B. Sundvor (ND) 

Leonard H. Wesselman (IL) 

Tommy A. Williamson (OK) 

Ananias E. Yoder (IA) 

The following 14 applicants did not 

have three years of recent experience 

driving a CMV on public highways with 

their vision deficiencies: 

David G. April (NH) 

Jason W. Beer (NE) 

David L. Dellinger (IN) 

John D. Flatten (MN) 

Armand P. Fortier (NH) 

Jeri P. Hollingsworth (ND) 

Suad Jukic (NY) 

Jimmy R. Kite (TN) 

William J. Mason (AR) 

Akbar H. Mokhtarani (ID) 

Scott A. Murphy (PA) 

Asa R. Sessions (WI) 

Stephen C. Stenberg (NY) 

Blair D. Tunell (DE) 

The following seven applicants did 

not have sufficient driving experience 

over the past three years under normal 

highway operating conditions (gaps in 

driving record): 

Wayne O. Campbell (FL) 

James P. Flaherty (KY) 

Aaron L. Knoblock (TX) 

Ronald M. Lytle (PA) 

Chad O’Brien (MN) 

Reginald Smart (TX) 

Levi J. Tindall (TX) 

The following applicant, Gregory P. 

Grimes (OK), had more than two 

commercial motor vehicle violations 

during three-year period and/or 

application process. 

The following applicant, Randall L. 

Bauman (IN), contributed to accident(s) 

in which the applicant was operating a 

CMV, which is a disqualifying offense. 

The following applicant, Daniel W. 

Schraven (IA), did not demonstrate the 

level of safety required for interstate 

driving (excessive moving/non-moving 

violations during three-year period). 

The following 16 applicants were 

denied for multiple reasons: 

Jose G. Batres (PA) 

Guillermo Casio Gamero (WA) 

Edward J. Delehant (OK) 

Kevin DeMarco (PA) 

Anthony M. Goodman (TX) 

Eduardo L. Gutierrez (CA) 

Michael L. Johnson (SC) 

Patrick E. Kuempel (IA) 

Michael T. McGinty (PA) 

Michael E. McGregor (ID) 

Steven Ramirez (CA) 

Robert L. Schwartz (ND) 


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40634 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

Emmanuel A. Sepulveda (CA) 

Tyrone Sipp (TN) 

Calvin R. Stoltzfus (PA) 

Latasha M. Williams-Barnes (CT) 

The following four applicants have 

not had stable vision for the preceding 

three-year period: 

Miguel M. Levario (NM) 

Markell D. Riley (NC) 

Michael J. Smith (MN) 

Vernon L. Speakman (GA) 

The following applicant, Charles E. 

Chamberlain (KY), does not meet the 

vision standard in his better eye. 

The following applicant, Jerry B. 

Gibson (KY), drove interstate while 

restricted to intrastate driving. 

Issued on: August 9, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17597 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

1999–5578; FMCSA–2000–8398; FMCSA– 

2001–9561; FMCSA–2003–14504; FMCSA– 

2003–14504; FMCSA–2003–15268; FMCSA– 

2005–20560; FMCSA–2005–21254; FMCSA– 

2007–27333; FMCSA–2007–27515; FMCSA– 

2007–27897; FMCSA–2007–28695; FMCSA– 

2009–0121; FMCSA–2009–0154; FMCSA– 

2011–0092; FMCSA–2011–0124; FMCSA– 

2011–0140; FMCSA–2011–0141; FMCSA– 

2013–0027; FMCSA–2013–0028; FMCSA– 

2013–0029; FMCSA–2013–0030; FMCSA– 

2014–0007; FMCSA–2014–0300; FMCSA– 

2014–0304; FMCSA–2015–0048; FMCSA– 

2015–0052; FMCSA–2015–0053; FMCSA– 

2015–0055] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 86 

individuals from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) for interstate 

commercial motor vehicle (CMV) 

drivers. The exemptions enable these 

individuals to continue to operate CMVs 

in interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates stated in 

the discussions below. 

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., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/or Room 

W12–140 on the ground level of the 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

On June 18, 2018, FMCSA published 

a notice announcing its decision to 

renew exemptions for 86 individuals 

from the vision requirement in 49 CFR 

391.41(b)(10) to operate a CMV in 

interstate commerce and requested 

comments from the public (83 FR 

28307). The public comment period 

ended on July 18, 2018, and no 

comments were received. 

As stated in the previous notice, 

FMCSA has evaluated the eligibility of 

these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to or 

greater than the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(10). 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of a least 

20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision 

of at least 70° in the horizontal meridian 

in each eye, and the ability to recognize 

the colors of traffic signals and devices 

showing red, green, and amber. 

III. Discussion of Comments 

FMCSA received no comments in this 

preceding. 

IV. Conclusion 

Based upon its evaluation of the 86 

renewal exemption applications and 

comments received, FMCSA confirms 

its’ decision to exempt the following 

drivers from the vision requirement in 

49 CFR 391.41 (b)(10): 

In accordance with 49 U.S.C. 31136(e) 

and 31315, the following groups of 

drivers received renewed exemptions in 

the month of September and are 

discussed below: 

As of September 6, 2017, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 35 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (65 FR 78256; 66 

FR 16311; 66 FR 30502; 66 FR 41654; 

68 FR 13360; 68 FR 44837; 70 FR 17504; 

70 FR 25878; 70 FR 30997; 70 FR 41811; 

72 FR 12666; 72 FR 21313; 72 FR 25831; 

72 FR 27624; 72 FR 28093; 72 FR 32703; 

72 FR 40362; 74 FR 19270; 74 FR 23472; 

74 FR 26461; 74 FR 26464; 74 FR 34395; 

74 FR 34630; 76 FR 25762; 76 FR 25766; 

76 FR 32017; 76 FR 34135; 76 FR 37168; 

76 FR 37169; 76 FR 37885; 76 FR 44652; 

76 FR 50318; 78 FR 24798; 78 FR 26106; 

78 FR 27281; 78 FR 32708; 78 FR 34140; 

78 FR 34143; 78 FR 37270; 78 FR 41188; 

78 FR 41975; 78 FR 46407; 78 FR 51269; 

78 FR 52602; 78 FR 56986; 78 FR 56993; 

79 FR 4531; 79 FR 38659; 79 FR 53514; 

80 FR 2473; 80 FR 14223; 80 FR 18693; 

80 FR 26139; 80 FR 26320; 80 FR 29154; 

80 FR 31640; 80 FR 33007; 80 FR 33009; 

80 FR 33011; 80 FR 35699; 80 FR 36395; 

80 FR 37718; 80 FR 40122; 80 FR 44185; 

80 FR 44188; 80 FR 48404; 80 FR 48409; 

80 FR 50917; 80 FR 62161; 80 FR 

62163): 

Robert D. Arkwright (MS) 

Roger Bell (IL) 

Phillip J. Boes (MN) 

Dale E. Bunke (ID) 

Daniel G. Cohen (VT) 

Jeffrey W. Cotner (OR) 

Jeffrey S. Daniel (VA) 

John J. Davis (SC) 

Roy H. Degner (IA) 

David S. Devine (ID) 

John C. Dimassa (WA) 

Mark J. Dufresne (NH) 

Donnie H. Eagle (WV) 

Dennis C. Edler (PA) 

Steven G. Garrett (CA) 

Eric M. Grayson (KY) 


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