Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
31 August 2016
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60115-60117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20932]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0206]
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 12 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 30, 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-2016-0206 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 12 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
Timothy D. Beaulier
Mr. Beaulier, 58, has had a macular scar in his right eye due to a
traumatic incident in 1971. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2016, his optometrist stated, ``Tim does well as a monocular patient. I
feel he will have no issues on the roadway based on visual demands. I
do not see any issue with Tim Beaulier's ability to safely operate a
commercial vehicle at this time.'' Mr. Beaulier reported that he has
driven straight trucks for 30 years, accumulating 15,000 miles and
tractor-trailer combinations for 14 years, accumulating 218,400 miles.
He holds a Class CA CDL from Michigan. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Earl D. Edland
Mr. Edland, 71, has complete loss of vision in his right eye since
childhood. The visual acuity in his right eye is no light perception,
and in his left eye, 20/25. Following an examination in 2015, his
ophthalmologist stated, ``His visual status has been stable for many
years . . . Mr. Edland appears to be functioning well and it is my
opinion that he is capable of operating a commercial motor vehicle in
traffic.'' Mr. Eldand reported that he has driven straight trucks for
50 years, accumulating 1.3 million miles. He holds a Class B CDL from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
David M. Field
Mr. Field, 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/
15. Following an examination in 2016, his ophthalmologist stated,
``Where he has been functioning successfully with excellent central and
peripheral vision under binocular conditions, it is my opinion that he
has more than sufficient vision to continue to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Field reported
that he has driven straight trucks for 30 years, accumulating 1.5
million miles and tractor-trailer combinations for 30 years,
accumulating 1.5 million 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.
Jerry D. Gartman
Mr. Gartman, 60, 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,
``In my medical opinion, Mr. Gartman has sufficient vision to perform
the driving tasks required to operate a
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commercial vehicle.'' Mr. Gartman reported that he has driven straight
trucks for 3 years, accumulating 90,000 miles and tractor-trailer
combinations for 14 years, accumulating 700,000 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.
William I. Inskeep
Mr. Inskeep, 57, has glaucoma in his right eye due to a traumatic
incident in 2009. The visual acuity in his right eye is 20/70, and in
his left eye, 20/15. Following an examination in 2016, his optometrist
stated, ``Mr. Inskeep has been able to drive a commercial vehicle over
the years and could continue to do so since his glaucoma is stable and
unchanged since 2009.'' Mr. Inskeep reported that he has driven
straight trucks for 27 years, accumulating 810,000 miles, and tractor-
trailer combinations for 3 years, accumulating 45,000 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.
Spencer B. Jacobs
Mr. Jacobs, 41, 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 2016, his optometrist stated, ``It is
my expert opinion that Spencer Jacobs has sufficient vision to operate
a commercial vehicle.'' Mr. Jacobs reported that he has driven tractor-
trailer combinations for 3 years, accumulating 22,500 miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Edison Joe
Mr. Joe, 62, has had anisometropia and amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/40, and in
his left eye, 20/20. Following an examination in 2016, his optometrist
stated, ``From a vision standpoint only, Mr. Joe has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Joe reported that he has driven straight trucks for 10
years, accumulating 260,000 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.
Duane A. McCord
Mr. McCord, 49, has a prosthesis 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 optometrist stated, ``Based on all of the
findings, I have determined that Mr. McCord does have sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. McCord reported that he has driven straight trucks for
10 years, accumulating 500,000 miles. He holds an operator's license
from Illinois. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Odilio Monterroso De Leon
Mr. Monterroso De Leon, 44, has had a prosthetic in his left eye
due to a traumatic incident in birth. 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, ``I certify that in my
medical opinion, Mr. Monterroso has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Monterroso De Leon reported that he has driven straight trucks for 15
years, accumulating 1.88 million 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.
James M. Moore
Mr. Moore, 74, has a prosthetic in his left eye due to a traumatic
incident in 1976. 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, ``I certify from the above qualifications that
Mr. Moore has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Moore reported that he has
driven tractor-trailer combinations for 30 years, accumulating 3.12
million miles. He holds a Class A CDL from Mississippi. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Raymond White
Mr. White, 58, has a retinal detachment 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 2015, his
ophthalmologist stated, ``I would consider that Mr. White has adequate
vision to perform driving tests [sic] and to operate a commercial
vehicle.'' Mr. White reported that he has driven tractor-trailer
combinations for 38 years, accumulating 4.94 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Brian C. Wittenburg
Mr. Wittenburg, 43, had a cerebrovascular accident in his right eye
in 2006. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2016, his
ophthalmologist stated, ``Mr. Wittenburg has sufficient vision to
continue to operate a commercial vehicle.'' Mr. Wittenburg reported
that he has driven straight trucks for 20 years, accumulating 500,000
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.
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-2016-0206 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.
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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-2016-0206 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: August 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20932 Filed 8-30-16; 8:45 am]
BILLING CODE 4910-EX-P