Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40627 

will be rescinded if: (1) The person fails 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 before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

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 20 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in 49 CFR 391.41 

(b)(8). In accordance with 49 U.S.C. 

31136(e) and 31315, each exemption 

will be valid for two years unless 

revoked earlier by FMCSA. 

Issued on: August 9, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17566 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– 

1999–6156; FMCSA–2001–11426; FMCSA– 

2003–16564; FMCSA–2005–22194; FMCSA– 

2006–23773; FMCSA–2006–24015; FMCSA– 

2006–24783; FMCSA–2007–0017; FMCSA– 

2007–0071; FMCSA–2008–0021; FMCSA– 

2009–0011; FMCSA–2009–0086; FMCSA– 

2010–0050; FMCSA–2010–0082; FMCSA– 

2011–0092; FMCSA–2011–0299; FMCSA– 

2011–0366; FMCSA–2011–0379; FMCSA– 

2012–0039; FMCSA–2012–0104; FMCSA– 

2012–0106; FMCSA–2013–0029; FMCSA– 

2013–0165; FMCSA–2013–0166; FMCSA– 

2013–0168; FMCSA–2013–0174; FMCSA– 

2014–0002; FMCSA–2014–0003; FMCSA– 

2014–0004; FMCSA–2014–0005; FMCSA– 

2014–0006; FMCSA–2015–0056; FMCSA– 

2015–0070; FMCSA–2015–0350; FMCSA– 

2015–0351; FMCSA–2016–0024; FMCSA– 

2016–0027; FMCSA–2016–0028; FMCSA– 

2016–0029; FMCSA–2016–0347] 

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 114 

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 114 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 

28325). 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 driver 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 114 

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 July and are discussed 

below: 

As of July 8, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following 57 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (63 FR 66226; 64 FR 16517; 66 

FR 41656; 68 FR 44837; 68 FR 74699; 

69 FR 10503; 70 FR 41811; 70 FR 57353; 

70 FR 72689; 71 FR 6826; 71 FR 14566; 

71 FR 16410; 71 FR 19602; 71 FR 30227; 

72 FR 62896; 72 FR 67340; 73 FR 1395; 

73 FR 6242; 73 FR 11989; 73 FR 15567; 

73 FR 16950; 73 FR 27014; 73 FR 27015; 

74 FR 19267; 74 FR 28094; 74 FR 43221; 

74 FR 65845; 75 FR 9477; 75 FR 9480; 

75 FR 13653; 75 FR 14656; 75 FR 19674; 

75 FR 20881; 75 FR 22176; 75 FR 27622; 

75 FR 28682; 76 FR 25766; 76 FR 37885; 

76 FR 44652; 76 FR 53708; 76 FR 73769; 

76 FR 78728; 77 FR 3547; 77 FR 5874; 

77 FR 13689; 77 FR 15184; 77 FR 17107; 

77 FR 17108; 77 FR 17115; 77 FR 17117; 

77 FR 20879; 77 FR 23797; 77 FR 26816; 

77 FR 27847; 77 FR 27850; 77 FR 29447; 

77 FR 31427; 77 FR 38386; 78 FR 34143; 

78 FR 47818; 78 FR 52602; 78 FR 62935; 

78 FR 63302; 78 FR 63307; 78 FR 76395; 

78 FR 76704; 78 FR 76705; 78 FR 77780; 

78 FR 78477; 79 FR 1908; 79 FR 2248; 

79 FR 10606; 79 FR 13085; 79 FR 14328; 

79 FR 14331; 79 FR 14333; 79 FR 14571; 

79 FR 17641; 79 FR 18391; 79 FR 18392; 


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40628 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

79 FR 21996; 79 FR 22003; 79 FR 23797; 

79 FR 27043; 79 FR 27681; 79 FR 28588; 

79 FR 29495; 79 FR 29498; 79 FR 38649; 

80 FR 59230; 80 FR 67476; 80 FR 67481; 

80 FR 80443; 81 FR 1284; 81 FR 1474; 

81 FR 14190; 81 FR 15401; 81 FR 15404; 

81 FR 17237; 81 FR 20433; 81 FR 20435; 

81 FR 21655; 81 FR 26305; 81 FR 28138; 

81 FR 39100; 81 FR 48493; 81 FR 52516; 

81 FR 66718; 81 FR 66724; 81 FR 91239; 

81 FR 96196): 

Dean R. Allen (OR) 

Scott E. Ames (ME) 

Alan A. Andrews (NE) 

Marvin D. Bass (KY) 

Dwight A. Bennett (MD) 

Marvin J. Bensend, Jr. (MS) 

Kolby Blackner (UT) 

Bobby R. Brooks (GA) 

Levi A. Brown (MT) 

William Bucaria, Jr. (FL) 

John A. Carroll, Jr. (AL) 

Juan Castanon (NM) 

William C. Christy (FL) 

Gerard J. Cormier (MA) 

Michael T. Craddock (CA) 

Jon C. Dillon (MN) 

Paul W. Fettig (SD) 

Hector O. Flores (MD) 

Brian R. Gallagher (TX) 

Horace N. Goss (TX) 

James B. Grega (PA) 

Todd C. Grider (IN) 

Jimmy G. Hall (NC) 

Taras G. Hamilton (TX) 

Joshua G. Hansen (ID) 

Britt D. Hazelwood (IL) 

Lowell E. Jackson (MO) 

William D. Jackson (MN) 

Danny J. Johnson (MN) 

Glenn K. Johnson, Jr. (NC) 

Thomas M. Kaley (PA) 

Allen J. Kunze (ND) 

Kerry M. Leeper (WA) 

Craig R. Martin (TX) 

Ty N. Mason (PA) 

Thomas J. Mavraganis (IL) 

Eric M. Moats, Sr. (MD) 

Gary T. Murray (GA) 

Elmore Nicholson, Jr. (AL) 

Thomas G. Ohlson (NY) 

Michael Pace (TX) 

Raffaelo Petrillo (NJ) 

Barry L. Pylant (GA) 

Roy A. Quesada (PA) 

Jamey D. Reed (OK) 

Glennis R. Reynolds (KY) 

Jose H. Rivas (NM) 

Joe A. Root (MN) 

Bobby W. Sanders (TN) 

James S. Seeno (NV) 

Thomas W. Smith (PA) 

Harry Smith, Jr. (NC) 

Greg W. Story (NC) 

Elston L. Taylor (VA) 

Michael J. Tisher (AK) 

Dwight Tullis (IL) 

Richard W. Wylie (CT) 

The drivers were included in docket 

numbers FMCSA–1998–4334; FMCSA– 

2003–16564; FMCSA–2005–22194; 

FMCSA–2006–23773; FMCSA–2006– 

24015; FMCSA–2007–0017; FMCSA– 

2007–0071; FMCSA–2008–0021; 

FMCSA–2009–0011; FMCSA–2009– 

0086; FMCSA–2010–0050; FMCSA– 

2011–0092; FMCSA–2011–0299; 

FMCSA–2011–0366; FMCSA–2011– 

0379; FMCSA–2012–0039; FMCSA– 

2012–0104; FMCSA–2013–0029; 

FMCSA–2013–0165; FMCSA–2013– 

0166; FMCSA–2013–0168; FMCSA– 

2013–0174; FMCSA–2014–0002; 

FMCSA–2014–0003; FMCSA–2014– 

0004; FMCSA–2014–0005; FMCSA– 

2015–0056; FMCSA–2015–0070; 

FMCSA–2015–0350; FMCSA–2015– 

0351; FMCSA–2016–0024; FMCSA– 

2016–0027; FMCSA–2016–0347. Their 

exemptions are applicable as of July 8, 

2018, and will expire on July 8, 2020. 

As of July 12, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following five individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (75 FR 9481; 75 FR 22178; 75 FR 

25917; 75 FR 25918; 75 FR 39729; 77 FR 

36338; 79 FR 35220; 81 FR 81230; 81 FR 

96196): 

Clare H. Buxton (MI) 

Chadwick S. Chambers (AL) 

Miguel H. Espinoza (CA) 

Ricky P. Hastings (TX) 

Leland B. Moss (VT) 

The drivers were included in docket 

numbers FMCSA–2009–0011; FMCSA– 

2010–0082. Their exemptions are 

applicable as of July 12, 2018, and will 

expire on July 12, 2020. 

As of July 19, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following 16 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (81 FR 39320; 81 FR 66720): 

John P. Brooks (IL) 

Ronald A. Donsbach (MT) 

Pedro Guzman (TX) 

Bradley C. Helsel (OR) 

Darrell E. Hunter (NC) 

Kenneth B. Julian (OK) 

Keith Kebschull (IL) 

Jeffrey N. Lake (IL) 

Jayme M. Leonard (VT) 

James K. Matthey (PA) 

Mario A. Quezada (TX) 

J. B. Rodriguez Mata (TX) 

Joseph Sais (NM) 

Chad M. Smith (IA) 

Corey L. Spring (AR) 

James C. Wechsler (OR) 

The drivers were included in docket 

number FMCSA–2016–0028. Their 

exemptions are applicable as of July 19, 

2018, and will expire on July 19, 2020. 

As of July 20, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following nine individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (64 FR 54948; 65 

FR 159; 67 FR 10471; 67 FR 10475; 67 

FR 19798; 68 FR 74699; 69 FR 8260; 69 

FR 10503; 69 FR 19611; 71 FR 6824; 71 

FR 6829; 71 FR 14567; 71 FR 26602; 71 

FR 30229; 71 FR 32183; 71 FR 41310; 

73 FR 11989; 73 FR 27018; 73 FR 28187; 

73 FR 36955; 75 FR 36778; 75 FR 36779; 

77 FR 38384; 79 FR 35212; 79 FR 35218; 

79 FR 47175; 81 FR 90050; 81 FR 

96196): 

Daniel R. Franks (OH) 

Walter D. Hague, Jr. (VA) 

William G. Hix (AR) 

Larry L. Jarvis (VA) 

Clarence H. Jacobsma (IN) 

Charles E. Johnston (MO) 

William F. Mack (WA) 

Ronald M. Price (MD) 

Alton M. Rutherford (FL) 

The drivers were included in docket 

numbers FMCSA–1999–6156; FMCSA 

2001–11426; FMCSA 2003–16564; 

FMCSA 2006–24015; FMCSA 2006– 

24783; FMCSA 2014–0006. Their 

exemptions are applicable as of July 20, 

2018, and will expire on July 20, 2020. 

As of July 22, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following 11 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (79 FR 35212; 79 FR 47175; 81 

FR 96196): 

Abdulahi Abukar (KY) 

Gregory K. Banister (SC) 

Amanuel W. Behon (WA) 

Brian L. Elliott (MO) 

Bradley C. Hansell (OR) 

Samuel L. Klaphake (MN) 

Timothy L. Klose (PA) 

Phillip E. Mason (MO) 

Ruel W. Reed (IA) 

Loren Smith (SD) 

Seth D. Sweeten (ID) 

The drivers were included in docket 

number FMCSA–2016–0006. Their 

exemptions are applicable as of July 22, 

2018, and will expire on July 22, 2020. 

As of July 29, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following ten individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (81 FR 42054; 81 FR 66722): 

Dudley G. Diebold (CT) 

David L. Evers (MN) 

Raymond E. Hogue (PA) 


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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40629 

Michael E. Jones (IL) 

Darius R. Law (FL) 

Robert C. Martin (WA) 

Mark W. McTaggart (IL) 

Noel V. Munoz (NM) 

Ivan Romero (IL) 

Steve A. Taylor (NC) 

The drivers were included in docket 

number FMCSA–2016–0029. Their 

exemptions are applicable as of July 29, 

2018, and will expire on July 29, 2020. 

As of July 30, 2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, the 

following six individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (71 FR 32183; 71 FR 41310; 73 

FR 36955; 75 FR 25917; 75 FR 36779; 

75 FR 39729; 77 FR 33017; 77 FR 36338; 

77 FR 38384; 77 FR 44708; 79 FR 37843; 

79 FR 38661; 81 FR 96196): 

Lester M. Ellingson, Jr. (ND) 

Damon G. Gallardo (CA) 

Daniel L. Grover (KS) 

Larry A. Nienhuis (MI) 

Gregory A. Reinert (MN) 

Joseph B. Shaw, Jr. (VA) 

The drivers were included in docket 

numbers FMCSA–2006–24783; 

FMCSA–2010–0082; FCMSA–2012– 

0106. Their exemptions are applicable 

as of July 30, 2018, and will expire on 

July 30, 2020. 

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 8, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17594 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0555] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 39 

individuals who requested an 

exemption from the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

prohibiting persons with a clinical 

diagnosis of epilepsy or any other 

condition that is likely to cause a loss 

of consciousness or any loss of ability to 

operate a commercial motor vehicle 

(CMV) from operating CMVs 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. 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 

FMCSA received applications from 39 

individuals who requested an 

exemption from the FMCSRs 

prohibiting persons with a clinical 

diagnosis of epilepsy or any other 

condition that is likely to cause a loss 

of consciousness or any loss of ability to 

operate a CMV from operating CMVs in 

interstate commerce. 

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)(8). 

III. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for five 

years 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. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

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)(8). Therefore, the 39 

applicants in this notice have been 

denied exemptions from the physical 

qualification standards in 49 CFR 

391.41(b)(8). 

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 

constitutes 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 35 applicants do not 

meet the minimum time requirement for 

being seizure-free, either on or off of 

anti-seizure medication: 

David M. Allyn (CT) 

Daniel Bailey (NY) 

Tiffany Banks (NV) 

Lorenzo Barber (IL) 

Richard Benjamin (AL) 

Edward Blankenstein II (PA) 

Charles Border (NM) 

Andrew Browder (AL) 

Pietro Capobianco (NJ) 

Jon Cole (ID) 

Michael Cole (NJ) 

Charles Cournoyer (MA) 

Ryan Daws (MN) 

Shawn Durbin (UT) 

William Everett (OH) 


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