Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
12 April 2016
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21647-21649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08358]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0025]
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 11 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-2016-0025 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 11 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
Jose R. Arroyo
Mr. Arroyo, 46, has had corneal opacity in his right eye since
childhood. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``He had no color defects and in my medical opinion
he is able to safely operate a commercial vehicle based in [sic] his
vision.'' Mr. Arroyo reported that he has driven straight trucks for 12
years, accumulating 540,000 miles. He holds a Class C 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.
Ronald H. Carey
Mr. Carey, 54, has had decreased vision in his right eye since
2011. The visual acuity in his right eye is 20/200, and in his left
eye, 20/25. Following an examination in 2016, his optometrist stated,
``In my medical opinion Ronald has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Carey
reported that he has driven straight trucks for 2 years, accumulating
150,000 miles and tractor-trailer combinations for 27 years,
accumulating 1.65 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.
Valentin S. Chernyy
Mr. Chernyy, 51, has complete loss of vision in his left eye due to
a traumatic incident in 1986. 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, ``This certifies in my medical opinion
that Valentin Chernyy has sufficient vision in his right eye to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Chernyy reported that he has driven straight trucks for 14 years,
accumulating 980,000 miles. He holds a Class O operator's license from
Nebraska. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Danny R. Floyd
Mr. Floyd, 56, has had optic atrophy in his right eye since 2012
due to a traumatic incident. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2016, his optometrist
[[Page 21648]]
stated, ``In my medical opinion, Mr. Floyd's condition is stable and he
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Floyd reported that he has driven tractor-
trailer combinations for 30 years, accumulating 2.34 million 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.
Claudia E. Gerez-Bentacourt
Ms. Gerez-Bentancourt, 39, has had amblyopia in her right eye since
childhood. The visual acuity in her right eye is 20/200, and in her
left eye, 20/25. Following an examination in 2015, her ophthalmologist
stated, ``She was diagnosed with Amblyopia of right eye . . . She is
able to perform all driving tasks that [sic] required by commercial
vehicle.'' Ms. Gerez-Bentacourt reported that she has driven tractor-
trailer combinations for 6 years, accumulating 420,000 miles. She holds
a Class A CDL from Texas. Her driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Andy R. Junod
Mr. Junod, 62, has had a macular scar in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/15. Following an examination in 2016, his ophthalmologist
stated, ``I certify that the visual deficiency of this gentleman is
stable and that in my medical opinion, based on the eye exam and his
driving record which he verbally gives [sic] to me, that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Junod reported that he has driven straight
trucks for 5 years, accumulating 120,000 miles and tractor-trailer
combinations for 34 years, accumulating 3.74 million miles. He holds a
Class AM CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Roger W. Kerns III
Mr. Kerns, 22, 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 2016 his optometrist stated, ``In my
medical opinion, Roger W. Kerns III has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Kerns
reported that he has driven straight trucks for 2 years, accumulating
1,000 miles and tractor-trailer combinations for 2 years, accumulating
200,000 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.
Gary C. Maxwell
Mr. Maxwell, 73, has had a pigment epithelia detachment in his left
eye in 2000. The visual acuity in his right eye is 20/25, and in his
left eye, 20/70. Following an examination in 2015, his ophthalmologist
stated, ``He has a history of an epiretinal membrane and pigment
epithelial detachment of his left eye. He has been driving a commercial
vehicle without difficulty for many years, and I feel that he can
safely continue to do so without any concerns.'' Mr. Maxwell reported
that he has driven straight trucks for 2 years, accumulating 80,000
miles and tractor-trailer combinations for 40 years, accumulating 12
million 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.
Scott A. Palmer
Mr. Palmer, 46, 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 my
medical opinion, Scott Palmer has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Palmer
reported that he has driven straight trucks for 20 years, accumulating
800,000 miles. He holds a Class B CDL from New York. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Richard G. Roberts
Mr. Roberts, 82, has had macular degeneration in his right eye
since 2008. The visual acuity in his right eye is 20/200, and in his
left eye, 20/25. Following an examination in 2015, his ophthalmologist
stated, ``The patient has been able to operate commercial vehicles
safely for many years, including the last seven years after being
treated for macular degeneration. There has been no worsening in that
time, so I believe that patient can continue to operative [sic] the
same types of vehicles at this time and for the foreseeable future.''
Mr. Roberts reported that he has driven straight trucks for 18 years,
accumulating 140,400 miles. He holds a Class A CDL from California. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Michael R. Tipton
Mr. Tipton, 61, has had macular atrophy in his left eye since
childhood. The visual acuity in his right eye is 20/30, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``In summery Mr. Tipton in my opinion is more than able to meet the
requirements visually for operation of a commercial vehicle.'' Mr.
Tipton reported that he has driven tractor-trailer combinations for 15
years, accumulating 20,500 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.
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-2016-0025 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.
[[Page 21649]]
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-2016-0025 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: April 5, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08358 Filed 4-11-16; 8:45 am]
BILLING CODE 4910-EX-P