Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
11 October 2016
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70251-70253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24452]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0209]
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 November 10, 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-2016-0209 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: Ms. 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.
[[Page 70252]]
II. Qualifications of Applicants
Robert A. Andersen
Mr. Andersen, 81, has a prosthetic left eye due to a traumatic
incident in 2011. The visual acuity in his right eye is 20/25, and in
his left eye, no light perception. Following an examination in 2016,
his ophthalmologist stated, ``Mr. Andersen functions well with
activities of daily living including but not limited to sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Andersen reported that he has driven straight trucks for
64 years, accumulating 30 million miles, and tractor-trailer
combinations for 58 years, accumulating 5.6 million 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.
Daniel L. Bawden
Mr. Bawden, 71, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/300.
Following an examination in 2016, his optometrist stated, ``In my
professional opinion, the scotoma in his left eye is so small that he
can safely operate a commercial vehicle.'' Mr. Bawden reported that he
has driven straight trucks for 7 years, accumulating 21,000 miles, and
tractor-trailer combinations for 43 years, accumulating 3.2 million
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.
Kelly L. Ewing
Mr. Ewing, 47, has had complete loss of vision in his left eye due
to a traumatic incident in 1999. 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, ``In my medical opinion, I
do believe that Mr. [sic] Ewing has sufficient vision to perform the
driving tasks required of him to operate a commercial vehicle.'' Mr.
Ewing reported that he has driven straight trucks for 30 years,
accumulating 150,000 miles, and tractor-trailer combinations for 23
years, accumulating 548,550 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.
Joseph G. Fischer
Mr. Fischer, 52, has a corneal scar in his left eye due to a
traumatic incident in 2013. The visual acuity in his right eye is 20/
15, and in his left eye, count fingers. Following an examination in
2016, his ophthalmologist stated, ``I believe Mr. Fischer is capable to
return to work as a commercial driver despite the vision impairment of
the left eye.'' Mr. Fischer reported that he has driven straight trucks
for 33 years, accumulating 495,000 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.
Nylo K. Helberg
Mr. Helberg, 26, 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/
100. Following an examination in 2016, his optometrist stated, ``In my
opinion, his condition will not affect his ability to safely operate a
commercial vehicle.'' Mr. Helberg reported that he has driven straight
trucks for 4 years, accumulating 240,000 miles. He holds an operator's
license from North Dakota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
J. Willard Keener
Mr. Keener, 58, has had strabismus in his right eye since
childhood. The visual acuity in his right eye is hand motion, and in
his left eye, 20/20. Following an examination in 2016, his optometrist
stated, ``In my opinion, Mr. Keener has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Keener reported that he has driven straight trucks for 30 years,
accumulating 360,000 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.
Billy R. McLaurin
Mr. McLaurin, 69, has had a retinal scar in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/30. Following an examination in 2016, his ophthalmologist
stated, ``In conclusion, it is my opinion that the ophthalmic findings
in the above gentleman's right eye are chronic and stable and do not
seem to significantly impact his capacity to operate a commercial
vehicle.'' Mr. McLaurin reported that he has driven buses for 19 years,
accumulating 141,246 miles. He holds a Class CB CDL from Delaware. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Jason R. Raml
Mr. Raml, 37, 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 2016, his optometrist stated, ``I feel
that Jason has sufficient vision to safely operate a commercial
vehicle.'' Mr. Raml reported that he has driven straight trucks for 25
years, accumulating 75,000 miles, and tractor-trailer combinations for
12 years, accumulating 85,000 miles. He holds a Class A CDL from South
Dakota. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Alfred L. Robinson
Mr. Robinson, 59, 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 2016, his optometrist
stated, ``If correctable to 20/20 in the right eye and 150 degree field
of vision satisfies your requirements to be able to operate a
commercial vehicle, then Alfred L. Robinson meets those requirements.''
Mr. Robinson reported that he has driven straight trucks for 15 years,
accumulating 135,000 miles, and tractor-trailer combinations for 15
years, accumulating 180,000 miles. He holds a Class A CDL from
Arkansas. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jerry L. Smith
Mr. Smith, 52, has had a prosthetic 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 2016, his optometrist stated,
``I certify that in Dr. Timothy Wilson's medical opinion, Jerry L.
Smith has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Smith reported that he has driven
straight trucks for 15 years, accumulating 450,000 miles, and tractor-
trailer combinations for 15 years, accumulating 450,000 miles. He holds
a Class A M2 CDL from Virginia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Danny R. Tate
Mr. Tate, 39, has a prosthetic left eye due to a traumatic incident
in 2007. 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, ``It is my opinion that he has sufficient vision to
safely perform the driving tasks required to
[[Page 70253]]
operate a commercial vehicle without restriction.'' Mr. Tate reported
that he has driven straight trucks for 15 years, accumulating 165,000
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.
Larry K. Zielinski
Mr. Zielinski, 69, has age related macular degeneration in his
right eye since 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, ``In my medical opinion, Larry Zielinski
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Zielinski reported that he has driven
tractor-trailer combinations for 45 years, accumulating 1.8 million
miles. He holds a Class A CDL from Oregon. 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-2016-0209 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-2016-0209 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: September 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24452 Filed 10-7-16; 8:45 am]
BILLING CODE 4910-EX-P