Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
12 July 2016
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45214-45217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16430]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0030]
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 18 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 August 11, 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-2016-0030 using any of the
following methods:
[[Page 45215]]
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 18 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
Travis A. Beckum
Mr. Beckum, 29, has had optic atrophy in his right eye since
childhood. The visual acuity in his right eye is counting fingers, and
in his left eye, 20/20. Following an examination in 2016, his
optometrist stated, ``I feel Mr. Beckum is safe to operate a commercial
motor vehicle given the vision we tested today.'' Mr. Beckum reported
that he has driven tractor-trailer combinations for 3 years,
accumulating 79,500 miles. He holds a Class AM CDL from Georgia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Steve Benton
Mr. Benton, 53, has had a prosthetic left eye since 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 certify that Mr. Steve Benton has sufficient vision to perform the
driving task required to operate a commercial vehicle.'' Mr. Benton
reported that he has driven straight trucks for 5 years, accumulating
75,000 miles. He holds an operator's license from Texas. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Caleb E. Boulware
Mr. Boulware, 33, has a prosthetic 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 2016,
his optometrist stated, ``If the findings submitted are sufficient for
DOT requirements for CDL [sic] then in my opinion Mr. Boulware has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Boulware reported that he has driven straight
trucks for 17 years, accumulating 68,000 miles. He holds a Class B CDL
from Kansas. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
David E. Campbell
Mr. Campbell, 57, has had exotropia and amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/25, and in
his left eye, 20/400. Following an examination in 2016, his
ophthalmologist stated that Mr. Campbell does have sufficient vision to
perform the driving tasks required to operate a CMV. Mr. Campbell
reported that he has driven straight trucks for 36 years, accumulating
2.88 million miles, and tractor-trailer combinations for 36 years,
accumulating 3.24 million miles. He holds a Class AM 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 G. Cothren
Mr. Cothren, 49, has had a prosthetic right eye since birth. 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 stated,
``In my opinion, this patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Cothren
reported that he has driven straight trucks for 5 years, accumulating
125,000 miles, and tractor-trailer combinations for 20 years,
accumulating 2 million miles. He holds a Class A CDL from Georgia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Nenad Harnos
Mr. Harnos, 41, has a corneal scar in his left eye due to a
traumatic incident in 2000. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in
2016, his optometrist stated, ``His right eye meets all criteria for a
CDL.'' Mr. Harnos reported that he has driven straight trucks for 3
years, accumulating 195,000 miles. He holds an operator's license from
New Jersey. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Matthew D. Hormann
Mr. Hormann, 41, has a retinal scar in his right eye due to a
traumatic incident in 1992. The visual acuity in his right
[[Page 45216]]
eye is counting fingers, and in his left eye, 20/20. Following an
examination in 2016, his optometrist stated, ``I feel with Matts [sic]
record of driving and his past 24 years of driving with this central
vision loss OD he should qualify for an exemption and be given a CDL
certificate.'' Mr. Hormann reported that he has driven straight trucks
for 25 years, accumulating 27,500 miles, and tractor-trailer
combinations for 22 years, accumulating 220,000 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.
James W. Jones
Mr. Jones, 63, has had amblyopia in his right eye since childhood.
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, ``I do
not believe that Mr. Jones [sic] vision will affect his ability to
operate a commercial vehicle especially since his visual field is full
and left eye is correctable to 20/20.'' Mr. Jones reported that he has
driven straight trucks for 37 years, accumulating 550,000 miles, and
tractor-trailer combinations for 18 years, accumulating 540,000 miles.
He holds an operator's license from Alabama. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Louis M. Jones
Mr. Jones, 40, has a prosthetic left eye due to a traumatic
incident in 2006. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2016,
his optometrist stated, ``Based on the criteria necessary to operate a
commercial motor vehicle by the Federal Motor Carrier Safety
Administration, it is my medical opinion that Mr. Jones meets the
requirements in the right eye.'' Mr. Jones reported that he has driven
straight trucks for 3 years, accumulating 150,000 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.
Duane R. Martin
Mr. Martin, 53, has a prosthetic right eye due to a traumatic
incident in childhood. 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 stated, ``My medical opinion is that Mr. Duane
Martin has sufficient vision in his left eye to perform the driving
tasks required to operate his commercial vehicle.'' Mr. Martin reported
that he has driven straight trucks for 20 years, accumulating 600,000
miles, and tractor-trailer combinations for 4 years, accumulating
100,000 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.
Roger S. Orr
Mr. Orr, 49, has a cataract 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, counting fingers. Following an examination in 2016,
his optometrist stated, ``At this time, I do feel that Roger Orr has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Orr reported that he has driven straight
trucks for 6 years, accumulating 138,000 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.
Johnny A. Peery, Jr.
Mr. Peery, 50, has had a prosthetic left eye since 2001. The visual
acuity in his right eye is 20/25, and in his left eye, no light
perception. Following an examination in 2015, his optometrist stated,
``Pt [sic] has sufficient vision to operate a commercial vehicle.'' Mr.
Peery reported that he has driven straight trucks for 31 years,
accumulating 620,000 miles, and tractor-trailer combinations for 31
years, accumulating 775,000 miles. He holds a Class AM CDL from
Maryland. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
J.W. Ray
Mr. Ray, 72, has a retinal scar in his left eye due to a traumatic
incident in 1953. The visual acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an examination in 2016, his optometrist
stated, ``In my medical opinion Mr. Ray has the visual capability to
operate a commercial vehicle.'' Mr. Ray reported that he has driven
tractor-trailer combinations for 40 years, accumulating 1.81 million
miles. He holds a Class A CDL from Idaho. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Richard D. Shryock
Mr. Shryock, 48, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``I
certify in my medical opinion that Mr. Shryock has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Shryock reported that he has driven straight trucks for 30 years,
accumulating 900,000 miles, and tractor-trailer combinations for 24
years, accumulating 1.68 million 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.
Steven D. Sodders
Mr. Sodders, 64, has had complete loss of vision in his right eye
since 2009 due to melanoma. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2016, his ophthalmologist stated, ``In my opinion, the patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Sodders reported that he has driven straight
trucks for 37 years, accumulating 426,240 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.
Jerry M. Stearns, Jr.
Mr. Stearns, 34, has had a central scotoma in his left eye since
2008. The visual acuity in his right eye is 20/15, and in his left eye,
counting fingers. Following an examination in 2016, his optometrist
stated, ``Mr. Stearns has sufficient vision and visual fields to
operate a commercial vehicle.'' Mr. Stearns, reported that he has
driven straight trucks for 18 years, accumulating 540,000 miles. He
holds an operator's license from Arkansas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Keith R. Tyler
Mr. Tyler, 40, has had panuveitis in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, no
light perception. Following an examination in 2015, his ophthalmologist
stated, ``I certify in my medical opinion that Mr. Keith Tyler has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Tyler reported that he has driven buses for
19 years, accumulating 190,000 miles. He holds a Class B CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
[[Page 45217]]
James L. Yingst
Mr. Yingst, 53, has had blindness in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
light perception, and in his left eye, 20/20. Following an examination
in 2015, his optometrist stated, ``After performing a visual
examination of Mr. Yingst it is in my professional opinion he is
visually able to safely operate a commercial vehicle.'' Mr. Yingst
reported that he has driven tractor-trailer combinations for 30 years,
accumulating 360,000 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.
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-2016-0030 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-2016-0030 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open DocketFolder'' 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: June 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-16430 Filed 7-11-16; 8:45 am]
BILLING CODE 4910-EX-P