Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
29 August 2016
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59266-59268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20494]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0033]
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 September 28, 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-2016-0033 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 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
Gregory M. Anderson
Mr. Anderson, 50, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2016, his ophthalmologist
stated, ``Visual field and color testing are normal. Mr. Anderson is
okay to drive a commercial vehicle.'' Mr. Anderson reported that he has
driven straight trucks for 12 years, accumulating 156,000 miles. He
holds an operator's license from New York. His driving record for the
last 3 years shows 1 crash in a CMV, for which he was not cited, and no
convictions for moving violations in a CMV.
Richard D. Auger
Mr. Auger, 53, has had a prosthetic right eye since 1989. 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,
``Based on my medical opinion, patient has sufficient vision in his
left eye to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Auger reported that he has driven straight trucks for 33
years, accumulating 49,500 miles, and tractor-trailer combinations for
20 years, accumulating 10,000 miles. He holds a Class AM1 CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Theodore N. Belcher
Mr. Belcher, 33, has had a cataract in his right eye due to a
traumatic incident in childhood. 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, ``Certifies that in my medical opinion, patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle: YES he has that opinion from me.'' Mr. Belcher
reported that he has driven straight trucks for 3 years, accumulating
46,800 miles, and tractor-trailer combinations for 2 years,
accumulating 72,000 miles. He holds a Class A CDL from Virginia. His
driving record for the last 3 years shows 1 crash in a CMV, for which
he was cited, and
[[Page 59267]]
no convictions for moving violations in a CMV.
Darrin E. Bogert
Mr. Bogert, 50, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2016, his ophthalmologist stated, ``His
vision and driving attitude & [sic] history bears out the [sic] he can
safely operate a commercial vehicle.'' Mr. Bogert reported that he has
driven straight trucks for 13 years, accumulating 26,000 miles, and
tractor-trailer combinations for 13 years, accumulating 650,000 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.
Michael S. Buck
Mr. Buck, 42, 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 2015, his optometrist stated, ``In my
professional opinion, Mr. Michael Buck has sufficient vision to perform
the driving tasks required to operate the commercial vehicle.'' Mr.
Buck reported that he has driven straight trucks for 10 years,
accumulating 50,000 miles. He holds an operator's license from Indiana.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Jose D. Chavez
Mr. Chavez, 45, has complete loss of vision in his 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 2015, his ophthalmologist stated, ``In summary, Mr.
Chavez demonstrates a visual acuity of 20/20 in his left eye and full
visual field in his left eye, as well as full color testing for his
left eye. After speaking with the Federal vision exemption program
today, Mr. Chavez fulfills their criteria for being able to safely
operate a commercial vehicle.'' Mr. Chavez reported that he has driven
straight trucks for 15 years, accumulating 375,000 miles. He holds an
operator's license from Maryland. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Philip J. Clements
Mr. Clements, 65, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/125, and in his
left eye, 20/20. Following an examination in 2016, his optometrist
stated, ``Philip J Clements [sic] was seen in our office on 3/25/16 for
his yearly DOT eye exam . . . He has the ability and vision in both
eyes to perform tasks needed for driving.'' Mr. Clements reported that
he has driven straight trucks for 5 years, accumulating 125,000 miles,
tractor-trailer combinations for 10 years, accumulating 750,000 miles.
He holds a Class ABCD CDL from Wisconsin. His driving record for the
last 3 years shows 1 crash; for which he was cited for operating in
excess of height limit, and no convictions for moving violations in a
CMV.
Alfonso P. Echevarria
Mr. Echevarria, 38, 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 2016, his ophthalmologist
stated, ``Given the patient's best corrected visual acuity and visual
field testing results, this patient meets criteria for sufficient
vision to perform the driving task required to operate a commercial
vehicle.'' Mr. Echevarria reported that he has driven straight trucks
for 7 years, accumulating 14,000 miles. He holds an operator's license
from Georgia. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Samuel R. Graziano
Mr. Graziano, 54, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2016, his optometrist
stated, ``In my professional opinion Mr. Graziano has stable visual
acuity, peripheral vision and sufficient vision to perform the driving
tasks for a commercial vehicle.'' Mr. Graziano reported that he has
driven tractor-trailer combinations for 25 years, accumulating 1
million 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.
Zagar E. Melvin
Mr. Melvin, 47, has a retinal detachment in his right eye due to a
traumatic incident in 2007. 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, ``If this is the case, then in my
opinion, Mr. Melvin has sufficient vision to operate a commercial
vehicle.'' Mr. Melvin reported that he has driven straight trucks for 1
year, accumulating 25,000 miles, and tractor-trailer combinations for 3
years, accumulating 300,000 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.
George R. Morehouse
Mr. Morehouse, 70, 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/
200. Following an examination in 2015, his optometrist stated, ``I
believe he can see well enough to safely operate a commercial motor
vehicle.'' Mr. Morehouse reported that he has driven straight trucks
for 35 years, accumulating 175,000 miles, and tractor-trailer
combinations for 35 years, accumulating 175,000 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.
Robert H. Nelson, III
Mr. Nelson, 67, has had amblyopia in his right eye since birth. 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, Mr. Nelson has sufficient vision to perform the
driving tasks required to operate a commercial motor vehicle.'' Mr.
Nelson reported that he has driven straight trucks for 40 years,
accumulating 1.4 million miles. He holds an operator's license from
Virginia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Salvador Sanchez
Mr. Sanchez, 39, has complete loss of vision in his 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 ophthalmologist stated, ``After thorough
examination, I conclude that Mr. Sanchez [sic] visual deficiency in the
right eye is stable and he has sufficient vision in the left eye to
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven
straight trucks for 11 years, accumulating 137,500 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.
Randal J. Shabloski
Mr. Shabloski, 41, has had amblyopia in his right eye since
childhood. The
[[Page 59268]]
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2016, his optometrist stated, ``His
uncorrected visual acuity had improved to 20/80 OD and continues to be
20/20 OS. Due to this improvement in his uncorrected visual acuity of
his right eye I would recommend that you consider a re-evaluation for
the possibility of Mr. Shabloski to obtain his CDL.'' Mr. Shabloski
reported that he has driven straight trucks for 20 years, accumulating
116,000 miles and tractor-trailer combinations for 20 years,
accumulating 54,000 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.
Curtis L. Shannon
Mr. Shannon, 44, has had congenital coloboma in his left eye since
birth. The visual acuity in his right eye is 20/30, and in his left
eye, 20/400. Following an examination in 2016, his optometrist stated,
``It is my medical opinion that Mr. Curtis meets/exceeds all necessary
vision test for CDL [sic].'' Mr. Shannon reported that he has driven
straight trucks for 4 years, accumulating 40,000 miles, and tractor-
trailer combinations for 4 years, accumulating 90,000 miles. He holds
an operator's license from Minnesota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Ricardo N. Vargas
Mr. Vargas, 62, has a macular scar in his left eye since 2000. The
visual acuity in his right eye is 20/20, and in his left eye, 20/80.
Following an examination in 2016, his optometrist stated, ``In my
opinion Ricardo has sufficient vision to perform driving tasks required
for commercial vehicle [sic].'' Mr. Vargas reported that he has driven
tractor-trailer combinations for 17 years, accumulating 680,000 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.
Johnny Watson
Mr. Watson, 59, 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 2015,
his ophthalmologist stated, ``The patient has excellent visual acuity
in his right eye with a full visual field of 120 in the horizontal. I
think that he has adequate vision to perform any tasks assigned to him.
The question was posed as to whether or not he could perform the
driving tasks required to operate a commercial vehicle. Although I feel
that this is the case, I cannot comment with a certainty as I have
never personally witnessed the patient operation [sic] a commercial
vehicle.'' Mr. Watson reported that he has driven straight trucks for
25 years, accumulating 300,000 miles, and tractor-trailer combinations
for 15 years, accumulating 120,000 miles. He holds a Class BM CDL from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Harold F. White, Jr.
Mr. White, 53, 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/
50. Following an examination in 2016, his optometrist stated, ``It is
my opinion that he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. White reported that he
has driven straight trucks for 4 years, accumulating 35,000 miles. He
holds an operator's license from South Carolina. 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-2016-0033 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-2016-0033 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20494 Filed 8-26-16; 8:45 am]
BILLING CODE 4910-EX-P