Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
5 February 2016
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6573-6576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02366]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0348]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 20 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on or before March 9, 2016. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0348 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
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.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 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. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-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 can renew exemptions at the end of each
2-year period. The 20 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
II. Qualifications of Applicants
Lonnie D. Barber
Mr. Barber, 47, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2015, his ophthalmologist stated, ``In
my medical
[[Page 6574]]
opinion, Mr. Barber's vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.''
Mr. Barber reported that he has driven straight trucks for 10
years, accumulating 14,000 miles. He holds an operator's license from
North Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Thomas M. Bowman
Mr. Bowman, 50, has had a retinal detachment in his right eye since
2011. The visual acuity in his right eye is no light perception, and in
his left eye, 20/20. Following an examination in 2015, his
ophthalmologist stated, ``In my opinion, Mr. Bowman has sufficient
vision to perform driving tasks required for a commercial vehicle.''
Mr. Bowman reported that he has driven straight trucks for 27
years, accumulating 27,000 miles, and tractor-trailer combinations for
25 years, accumulating 750,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last 3 years shows one crash, for which he
was not cited and to which he did not contribute, and no convictions
for moving violations in a CMV.
Daniel T. Brown
Mr. Brown, 48, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2015, his optometrist stated,
``Overall, I think that Mr. Brown has very good visual function and
life experience, which would allow him to operate a commercial vehicle
safely, and efficiently.'' Mr. Brown reported that he has driven
straight trucks for 13 years, accumulating 780,000 miles. He holds a
Class B CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Samuel S. Byler
Mr. Byler, 53, has complete loss of vision in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, no light perception. Following an
examination in 2015, his optometrist stated, ``In my medical opinion
with the use of side mirrors the patient should be able to operate a
commercial vehicle.'' Mr. Byler reported that he has driven straight
trucks for 12 years, accumulating 360,000 miles, and tractor-trailer
combinations for 8 years, accumulating 600,000 miles. He holds a Class
A CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Robert Fawcett, Jr.
Mr. Fawcett, 65, has a retinal detachment in his right eye due to a
traumatic incident in 1976. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2015, his ophthalmologist stated, ``Mr. Fawcett has sufficient
vision in his left eye to operate a commercial vehicle.'' Mr. Fawcett
reported that he has driven straight trucks for 45 years, accumulating
270,000 miles, and tractor-trailer combinations for 45 years,
accumulating 450,000 miles. He holds a Class AM CDL from Pennsylvania.
His driving record for the last 3 years shows 1 crash, for which he was
not cited and to which he did not contribute, and no convictions for
moving violations in a CMV.
James T. Friesner, Jr.
Mr. Friesner, Jr., 47, has had optic nerve hypoplasia in his right
eye since birth. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2015,
his optometrist stated, ``It is my medical opinion that Mr. Friesner
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Friesner reported that he has driven
straight trucks for 7 years, accumulating 350,000 miles. He holds an
operator's license from Ohio. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Harry J. Glynn
Mr. Glynn, 56, has a corneal transplant and a lensectomy with IOL
implant in his left eye due to a traumatic incident in 1984. The visual
acuity in his right eye is 20/20, and in his left eye, 20/70. Following
an examination in 2015, his optometrist stated, ``Harry Glynn has
sufficient vision to operate a commercial vehicle in my opinion.'' Mr.
Glynn reported that he has driven straight trucks for 40 years,
accumulating 480,000 miles. He holds a chauffer's license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jerry L. Gray
Mr. Gray, 51, has a prosthetic left eye due to a traumatic incident
in 1995. The visual acuity in his right eye is 20/20, and in his left
eye, no light perception. Following an examination in 2015, his
optometrist stated, ``It is my professional opinion that Mr. Gray can
operate any vehicle safely.'' Mr. Gray reported that he has driven
straight trucks for 32 years, accumulating 1.6 million miles, and
tractor-trailer combinations for 15 years, accumulating 375,000 miles.
He holds a Class AMV CDL from Alabama. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Lloyd Hinton
Mr. Hinton, 63, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
300. Following an examination in 2015, his optometrist stated, ``In
summary, I see no reason to restrict Mr. Hinton's license to drive a
commercial vehicle for any eye or vision related cause.'' Mr. Hinton
reported that he has driven straight trucks for 24 years, accumulating
72,000 miles. He holds a Class BM CDL from New York. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
James M. Knef
Mr. Knef, 53, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2015, his optometrist stated, ``Since
this is a longstanding condition, it does not affect his ability to
drive a commercial vehicle.'' Mr. Knef reported that he has driven
straight trucks for 28 years, accumulating 1.9 million miles. He holds
a Class B CDL from New Jersey. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Cody McDonnell
Mr. McDonnell, 24, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2015, his
optometrist stated, ``In summary, in my opinion there is nothing vision
or eye-related that should prevent Cody from obtaining his CDL and
driving safely.'' Mr. McDonnell reported that he has driven tractor-
trailer combinations for 3 years. He holds a Class A CDL from Oregon.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Brandon J. Michalko
Mr. Michalko, 25, has a macular hole in his left eye due to a
traumatic incident in 2004. The visual acuity in
[[Page 6575]]
his right eye is 20/20, and in his left eye, 20/200. Following an
examination in 2015, his ophthalmologist stated, ``In my medical
opinion, I believe he does have sufficient vision to perform a driving
test required to operate a commercial vehicle.'' Mr. Michalko reported
that he has driven straight trucks for 8 years, accumulating 416,000
miles. He holds a Class BM CDL from New York. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
John L. Ratayczak
Mr. Ratayczak, 50, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/70. Following an examination in 2015, his optometrist stated,
``In my medical opinion, Mr. Ratayczak has sufficient vision in both
eyes to operate a commercial vehicle he uses for his job.'' Mr.
Ratayczak reported that he has driven straight trucks for 15 years,
accumulating 496,500 miles. He holds a Class D operator's license from
Wisconsin. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Dennis C. Rokes
Mr. Rokes, 51, has had macular degeneration in his left eye since
2012. The visual acuity in his right eye is 20/20, and in his left eye,
20/400. Following an examination in 2015, his optometrist stated, ``In
my medical opinion, Mr. Rokes has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Rokes
reported that he has driven straight trucks for 33 years, accumulating
297,000 miles, and tractor-trailer combinations for 33 years,
accumulating 132,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Brian W. Roughton
Mr. Roughton, 51, has had a retinal detachment in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2015, his
optometrist stated, ``Again, Mr. Roughton has had this vision defect
since birth and there are no new changes. I see no reason that it would
affect his ability to continue driving or affect his DOT physical.''
Mr. Roughton reported that he has driven straight trucks for 20 years,
accumulating 160,000 miles, and tractor-trailer combinations for 20
years, accumulating 160,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Eric A. Simonsen
Mr. Simonsen, 53, has had corneal dystrophy in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2015, his ophthalmologist
stated, ``Patient sees well enough to drive a commercial vehicle.'' Mr.
Simonsen reported that he has driven straight trucks for 35 years,
accumulating 1.23 million miles. He holds an operator's license from
SC. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Brian S. Tuttle
Mr. Tuttle, 43, has had refractive amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``I feel he does see well enough operate a commercial vehicle
without glasses.'' Mr. Tuttle reported that he has driven straight
trucks for 15 years, accumulating 300,000 miles. He holds a Class DMB
CDL from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Steven A. Van Raalte
Mr. Van Raalte, 57, had a retinal detachment in his left eye in
1985. The visual acuity in his right eye is 20/20, and in his left eye,
20/80. Following an examination in 2015, his optometrist stated, ``In
my opinion, Mr. Van Raalte has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Van Raalte
reported that he has driven straight trucks for 30 years, accumulating
57,000 miles, and tractor-trailer combinations for 30 years,
accumulating 255,000 miles. He holds a Class A CDL from Illinois. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Marvin L. Wernimont
Mr. Wernimont, 59, has had a prosthetic left eye since 1979. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2015, his optometrist stated,
``I certify that in my medical opinion, Marvin has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wernimont reported that he has driven straight trucks for 17 years,
accumulating 510,000 miles, and tractor-trailer combinations for 17
years, accumulating 425,000 miles. He holds a Class A CDL from Iowa.
His driving record for the last 3 years shows one crash, for which he
was not cited and to which he did not contribute, and no convictions
for moving violations in a CMV.
Brian J. Yole
Mr. Yole, 45, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Yole reported that he has driven
tractor-trailer combinations for 9 years, accumulating 832,500 miles.
He holds a Class AM CDL from Texas. His driving record for the last 3
years shows no crashes and 1 conviction for a moving violation in a
CMV; he exceeded the speed limit by 6 mph.
III. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2015-0348 in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
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facility, please enclose a stamped, self-addressed postcard or
envelope.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2015-0348 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Issued on: January 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-02366 Filed 2-5-16; 8:45 am]
BILLING CODE 4910-EX-P