Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
12 April 2016
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21655-21659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08354]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0024]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 25 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 May 12, 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-2016-0024 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
[[Page 21656]]
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 25 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
Stanley W. Ahne
Mr. Ahne, 56, tore the iris in his right eye in childhood due to a
traumatic incident. The visual acuity in his right eye is 20/400, and
in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``I believe that Mr. Ahne does have sufficient
vision to drive a commercial vehical [sic] safely.'' Mr. Ahne reported
that he has driven straight trucks for 10 years, accumulating 100,000
miles and tractor-trailer combinations for 10 years, accumulating 1
million miles. He holds a Class A CDL from Oklahoma. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Marvin D. Bass
Mr. Bass, 56, has been blind in his right eye since 2008 due to a
traumatic incident. The visual acuity in his right eye is hand motion,
and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``In my medical opinion, Mr. Bass has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bass reported that he has driven straight trucks for 20
years, accumulating 700,000 miles. He holds an operator's license from
Kentucky. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Daniel L. Castonguay
Mr. Castonguay, 54, 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, 20/100. Following an examination in 2016, his optometrist
stated, ``It is my opinion that Daniel Castonguay has stable vision at
this time and has sufficient vision to drive a commercial vehicle as he
has done for the last 22 years.'' Mr. Castonguay reported that he has
driven straight trucks for 5 years, accumulating 250,000 miles and
tractor-trailer combinations for 25 years, accumulating 1.5 million
miles. He holds a Class A CDL from Maine. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
William A. Crandall, Jr.
Mr. Crandall, 31, has refractive amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/15. Following an examination in 2016, his optometrist stated,
``It is my opinion that Mr. Crandal [sic] has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Crandall reported that he has driven straight trucks for 5 years,
accumulating 100,000 miles. He holds an operator's license from New
York. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
James T. Curtis
Mr. Curtis, 55, has had ischemic optic neuropathy in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, light perception. Following an examination in 2016, his
optometrist stated, ``He has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Curtis reported
that he has driven straight trucks for 17 years, accumulating 70,000
miles and tractor-trailer combinations for 17 years, accumulating 1,000
miles. He holds a Class A CDL from New Mexico. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Jacob M. Dellinger
Mr. Dellinger, 60, had a branch retinal vein occlusion in his left
eye in 2011. The visual acuity in his right eye is 20/20, and in his
left eye, 20/200. Following an examination in 2015, his optometrist
stated, ``In my medical opinion, with his right eye correction to 20/20
and his full temporal peripheral fields, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Dellinger reported that he has driven straight trucks for 41 years,
accumulating 410,000 miles and tractor-trailer combinations for 41
years, accumulating 123,000 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.
Mark E. Dow
Mr. Dow, 51, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/70, and in his left eye, 20/20.
Following an examination in 2016, his optometrist stated, ``In my
opinion Mr. Dow has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Dow reported that he
has driven straight trucks for 30 years, accumulating 1.05 million
miles and tractor-trailer combinations for 30 years, accumulating
150,000 miles. He holds a Class A CDL from Vermont. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
[[Page 21657]]
Richard R. Filion
Mr. Filion, 68, is blind in his left eye due to a traumatic
incident in 2011. 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, ``If there is an allowance or waiver given for
monocular status then Mr. Filion would meet requirements for commercial
driving.'' Mr. Filion reported that he has driven straight trucks for
25 years, accumulating 500,000 miles and tractor-trailer combinations
for 8 years, accumulating 560,000 miles. He holds a Class A CDL from
Vermont. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Louis J. Floquet Jr.
Mr. Floquet, 31, has had Morning Glory Syndrome in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, light perception. Following an examination in 2015, his
optometrist stated, ``Based on these tests, Louis has sufficient vison
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Floquet reported that he has driven straight trucks for
15 years, accumulating 150,000 miles. He holds an operator's license
from California. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Joshua V. Harrison
Mr. Harrison, 67, has had a corneal scar in his left eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, 20/80. Following an examination in 2015, his ophthalmologist
stated, ``Left eye poor vision is long-standing, right eye meets
standards . . . for CDL.'' Mr. Harrison reported that he has driven
straight trucks for 45 years, accumulating 450,000 miles. He holds a
Class A CDL from New Jersey. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Jason G. Joyner
Mr. Joyner, 38, has had strabismic amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2016, his optometrist stated,
``I believe pt [sic] has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Joyner reported that he
has driven straight trucks for 4 years, accumulating 150,000 miles. He
holds a Class A CDL from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Thomas M. Kaley, Jr.
Mr. Kaley, 43, is blind 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, ``I see no reason that he should be denied a
license as I believe that he has sufficient vision to operate a
commercial vehicle.'' Mr. Kaley reported that he has driven straight
trucks for 25 years, accumulating 750,000 miles. He holds an operator's
license from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
William J. Krysinski
Mr. Krysinski, 56, has had optic atrophy in his left eye since
2012. The visual acuity in his right eye is 20/20, and in his left eye,
hand motion. Following an examination in 2015, his optometrist stated,
``I believe he can continue to safely operate his commercial motor
vehicle for interstate driving without any restrictions.'' Mr.
Krysinski reported that he has driven tractor-trailer combinations for
35 years, accumulating 2.3 million miles. He holds a Class A CDL from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Bradley K. Linde
Mr. Linde, 67, 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/
400. Following an examination in 2015, his optometrist stated, ``In my
professional opinion of his vision, Mr. Linde is qualified to perform
all duties expected for operating a commercial vehicle.'' Mr. Linde
reported that he has driven tractor-trailer combinations for 21 years,
accumulating 10,500 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.
Pedro Martinez
Mr. Martinez, 55, has had a choroidal macular scar in his left eye
since 1985. 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 my medical opinion, he has sufficient vision
centrally OD and Peripherally [sic] OU to operate a commercial vehical
[sic].'' Mr. Martinez reported that he has driven straight trucks for
10 years, accumulating 5,200 miles. He holds an operator's license from
New Mexico. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Ty N. Mason
Mr. Mason, 51, has been blind in his left eye due to a retinal
detachment in 2003. 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, ``Patient has sufficient visual acuity and VF
[sic] for CDL license.'' Mr. Mason reported that he has driven straight
trucks for 2 years, accumulating 75,000 miles and tractor-trailer
combinations for 16 years, accumulating 6.53 million miles. He holds a
Class AM CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Ralph A. Milliman
Mr. Milliman, 63, has had an incomplete macular formation in his
left eye since birth. The visual acuity in his right eye is 20/20, and
in his left eye, 20/200. Following an examination in 2015, his
optometrist stated, ``It is my opinion that Mr. Milliman's exceptional
vision in his right eye allows him to compensate for his lack of visual
acuity in his left eye and leads me to believe he has sufficient vision
to perform all commercial driving tasks.'' Mr. Milliman reported that
he has driven straight trucks for 24 years, accumulating 1.92 million
miles and tractor-trailer combinations for 33 years, accumulating 3.47
million miles. He holds an operator's license from Illinois. His
driving record for the last 3 years shows no crashes and 1 conviction
for a moving violation in a CMV; he operated in an improper traffic
lane.
Donald A. Orloski
Mr. Orloski, 69, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/150.
Following an examination in 2015, his optometrist stated, ``Mr.
Orloski's visual condition is stable. I find no medical reason to
prevent Donald Orloski from safely operating a commercial vehicle.''
Mr. Orloski reported that he has driven straight trucks for 37 years,
accumulating 592,000 miles and tractor-trailer combinations for 37
years, accumulating 37,000 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.
[[Page 21658]]
Alan R. Piroso
Mr. Piroso, 60, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2015, his ophthalmologist stated, ``Alan
Piroso has been driving for many years without a problem and I believe
he should be able to renew his CDL license based on his eye
examination.'' Mr. Piroso reported that he has driven straight trucks
for 31 years, accumulating 930,000 miles and tractor-trailer
combinations for 6 years, accumulating 30,000 miles. He holds a Class
AMC CDL from New Hampshire. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Juan C. Ramirez
Mr. Ramirez, 31, has had exotropia with amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/30, and in
his left eye, 20/100. Following an examination in 2015, his optometrist
stated, ``I believe Mr. Ramirez should be considered for [sic] federal
vision exemption to operate a CMV in interstate commerce.'' Mr. Ramirez
reported that he has driven straight trucks for 6 years, accumulating
600,000 miles and tractor-trailer combinations for 2 years,
accumulating 120,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Erik J. Rowland
Mr. Rowland, 35, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is hand motion, and in his left eye,
20/15. Following an examination in 2015, his ophthalmologist stated,
``It is my opinion that Mr. Rowland is able to operate a commercial
vehicle, as his vision has remained stable, and he has operate [sic] a
commercial vehicle for the past several years.'' Mr. Rowland reported
that he has driven straight trucks for 17 years, accumulating 340,000
miles and tractor-trailer combinations for 2 years, accumulating 10,000
miles. He holds a Class A CDL from New York. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Colby T. Smith
Mr. Smith, 36, 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/
400. Following an examination in 2015, his optometrist stated, ``In my
opinion, Colby has more than adequate vision to perform all driving
tasks required to operate a commercial vehicle.'' Mr. Smith reported
that he has driven straight trucks for 10 years, accumulating 120,000
miles. He holds a Class D operator's license from Utah. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Carl J. Warnecke
Mr. Warnecke, 55, has had 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 ophthalmologist
stated, ``I think that he does have sufficient vision to perform the
driving tasks required to operate a commercial vehicle, according to
their guidelines.'' Mr. Warnecke reported that he has driven straight
trucks for 35 years, accumulating 210,000 miles and tractor-trailer
combinations for 35 years, accumulating 35,000 miles. He holds a Class
A CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Edwin E. West
Mr. West, 55, has had a macular scar in his right eye due to a
retinal hemorrhage in 2004. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``I certify that Ed West has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. West reported that he has driven straight trucks for 37 years,
accumulating 185,000 miles and tractor-trailer combinations for 37
years, accumulating 185,000 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.
Donald E. Wojtaszek
Mr. Wojtaszek, 62, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``I hereby certify that in my medical opinion, this individual has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Wojtaszek reported that he has driven
straight trucks for 42 years, accumulating 84,000. He holds a Class C
license from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
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-2016-0024 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
facility, please enclose a stamped, self-addressed postcard or
envelope.
FMCSA will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
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-2016-0024 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.
[[Page 21659]]
Issued on: April 5, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08354 Filed 4-11-16; 8:45 am]
BILLING CODE 4910-EX-P