Federal Register - February 1, 2021
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Fuente: Federal Register
7768
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices
6458, 6463 April 22, 1970 and 36 FR
12857 July 3, 1971.
III. Discussion of Comments FMCSA received no comments in this proceeding.
IV. Conclusion Based upon its evaluation of the nine renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in 391.41b11.
As of November 18, 2020, and in accordance with 49 U.S.C. 31136e and 31315b, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers 85 FR 73591:
Michael Arwood TN
Christian DeNight FL
James Dignan IL
Michael Dohanish OH
Bruce Dunn LA
Scott Perdue GA
Albert Pizana CA
Adalberto Rodriguez NY
Michael Smith CO
The drivers were included in docket number FMCSA20140102, FMCSA
20140104, FMCSA20160002, FMCSA20170057, FMCSA2017
0061, or FMCSA20180135. Their exemptions are applicable as of November 30, 2020, and will expire on November 30, 2022.
In accordance with 49 U.S.C.
31315b, each exemption will be valid for 2 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. 31136e and 31315b.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202102019 Filed 12921; 8:45 am BILLING CODE 4910EXP
ACTION:
Notice of denials.
FMCSA announces its decision to deny applications from 37
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 3664001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200
New Jersey Avenue SE, Room W64224, Washington, DC 205900001. 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 3669826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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/
docket?D=FMCSA-2021-0002 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 205900001, 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 3669317 or 202 366
9826 before visiting Dockets Operations.
B. Privacy Act In accordance with 5 U.S.C. 553c, 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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20210002
Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration FMCSA, DOT.
AGENCY:
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FMCSA received applications from 37
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 391.41b10.
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III. Basis for Exemption Determination Under 49 U.S.C. 31136e and 31315b, 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 drivers medical certification.
The Agencys 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 391.41b10.
Therefore, the 37 applicants in this notice have been denied exemptions from the physical qualification standards in 391.41b10.
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 Agencys recent denials as required under 49
U.S.C. 31315b4 by periodically publishing names and reasons for denial.
The following 18 applicants had no experience operating a CMV:
Dut J. Acuoth NY
Wyatt W. Brown IA
James R. Bruner AL
Gareth S. Collins AZ
Maira A. Giraldo TX
Richard E. Hordon NH
Eddie Howard NM
Chen N. Nguyen IA
John R. Pruitt AR
Martin K. Ramos FL
Aaron Rot TX
Adam L. Scorza CA
Gabriel P. Serna AZ
Shabria N. Shepherd AL
Satvir Singh NJ
Coltin Upchurch KS
Aimable Vuningoma TX
Caleb Zane NY
The following 10 applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies:
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