Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
20 October 2016
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72664-72667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25380]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0210]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 22 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 21, 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-2016-0210 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.
[[Page 72665]]
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 22 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
Gary A. Behrends
Mr. Behrends, 58, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
15. Following an examination in 2016, his optometrist stated, ``In my
medical opinion Gary has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Behrends reported that
he has driven straight trucks for 40 years, accumulating 400,000 miles,
and tractor-trailer combinations for 40 years, accumulating 400,000
miles. He holds an 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.
Harry R. Brewer
Mr. Brewer, 53, has a macular scar in his left eye due to a
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2016, his
optometrist stated, ``In my professional medical opinion, Mr. Harry Rex
Brewer has sufficient vision to safely perform the driving tasks
necessary to operate a commercial vehicle.'' Mr. Brewer reported that
he has driven straight trucks for 26 years, accumulating 1.56 million
miles. He holds a Class A CDL from Tennessee. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Johnnie B. Bush
Mr. Bush, 69, 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,
``Vision is sufficient in the left eye to operate a commercial
vehicle.'' Mr. Bush reported that he has driven straight trucks for 42
years, accumulating 84,000 miles, and tractor-trailer combinations for
42 years, accumulating 2.14 million miles. He holds an operator's
license from Mississippi. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Nathan J. Bute
Mr. Bute, 35, has a prosthetic left eye due to a traumatic incident
in 2003. 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 of my opinion that Nathan's visual
condition is stable, & suitable for operation of a commercial
vehicle.'' Mr. Bute reported that he has driven straight trucks for 7
years, accumulating 109,200 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.
Gary L. Cox
Mr. Cox, 51, 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 optometrist stated, ``He has
normal color vision and has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Cox reported that
he has driven straight trucks for 3 years, accumulating 62,400 miles.
He holds an operator's license from Kentucky. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Kevin J. Embrey
Mr. Embrey, 43, 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 ophthalmologist stated, ``In
my medial [sic] opinion, he has sufficient vision to perform the
driving task required to operate a commercial vehicle.'' Mr. Embrey
reported that he has driven straight trucks for 24 years, accumulating
360,000 miles. He holds a Class B CDL from Illinois. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Peter J. Faber
Mr. Faber, 54, 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 ophthalmologist stated, ``In
my medical opinion, Peter J. Faber, DOB 8/21/1962, has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Faber reported that he has driven tractor-trailer
combinations for 5 years, accumulating 600,000 miles. He holds a Class
A CDL from Nebraska. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Ricky L. Gillum
Mr. Gillum, 49, has had a retinal detachment in his right eye since
2011. The visual acuity in his right eye is 20/400, and in his left
eye, 20/20. Following an examination in 2016, his optometrist stated,
``I believe Mr. Gillum has sufficient vision to drive a commercial
vehicle based on his left eye measurements.'' Mr. Gillum reported that
he has driven straight trucks for 30 years, accumulating 2.25 million
miles, and tractor-trailer combinations for 19 years, accumulating 1.24
million miles. He holds a Class A CDL Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Johnny E. Hill
Mr. Hill, 45, has enucleation in his right eye due to a traumatic
incident in 2013. 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, ``Mr. Hill meets the vision waiver
requirements for a CDL and should be able to operate a commercial
vehicle.'' Mr. Hill reported that he has driven straight trucks for 2
years, accumulating 168,000 miles, and tractor-trailer combinations for
8 years, accumulating 520,000 miles. He holds a Class AM CDL from
Alabama. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Justin A. Hooper
Mr. Hooper, 38, has glaucoma in his right eye due to a traumatic
incident in 2012. 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, ``In my medical opinion he has adequate vision
to operate a commercial motor vehicle.'' Mr. Hooper reported that he
has driven straight trucks for 17 years, accumulating 765,000 miles,
and tractor-trailer combinations for 13 years, accumulating 65,000
miles. He holds a
[[Page 72666]]
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.
John R. Horst
Mr. Horst, 71, has had macular atrophy in his right eye due to
histoplasmosis since 1980. The visual acuity in his right eye is 20/
200, and in his left eye, 20/15. Following an examination in 2016, his
optometrist stated, ``It is my opinion that Mr. Horst has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Horst reported that he has driven straight trucks for 52
years, accumulating 1.09 million miles, and tractor-trailer
combinations for 47 years, accumulating 235,000 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.
Robert E. Kelley, Jr.
Mr. Kelley, 55, has amblyopia 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, 20/50. Following an examination in 2016, his
ophthalmologist stated, ``Based on the requirements of the DOT the
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle'' Mr. Kelley reported that he has driven
straight trucks for 17 years, accumulating 255,000 miles, and tractor-
trailer combinations for 1 years, accumulating 10,000 miles. He holds
an operator's license from Washington. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
David L. Manktelow
Mr. Manktelow, 39, 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/
100. Following an examination in 2016, his optometrist stated, ``It is
my medical opinion that Mr. Manktelow has sufficient vision to operate
a commercial vehicle.'' Mr. Manktelow reported that he has driven
tractor-trailer combinations for 10 years, accumulating 175,000 miles.
He holds a Class A CDL from Massachusetts. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
James F. McLaughlin
Mr. McLaughlin, 54, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2016, his optometrist stated,
``James has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. McLaughlin reported that he has
driven straight trucks for 35 years, accumulating 700,000 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.
Derrick P. Moore
Mr. Moore, 37, has had cataract in his right eye since birth. The
visual acuity in his right eye is hand motion, and in his left eye, 20/
15. Following an examination in 2016, his optometrist stated that Mr.
Moore does have sufficient vision to perform the driving tasks required
to operate a CMV. Mr. Moore reported that he has driven straight trucks
for 21 years, accumulating 420,000 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.
Richard L. Moores
Mr. Moores, 41, has optic neuropathy and maculopathy in his left
eye due to a traumatic incident in 1998. The visual acuity in his right
eye is 20/20, and in his left eye, 20/400. Following an examination in
2016, his ophthalmologist stated, ``In my medical opinion Richard
Moores has sufficient central and peripheral vision OD to operate a
commercial vehicle.'' Mr. Moores reported that he has driven straight
trucks for 24 years, accumulating 120,000 miles, and tractor-trailer
combinations for 5 years, accumulating 6,250 miles. He holds a Class A
CDL from Colorado. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Brian T. Morrison
Mr. Morrison, 42, has optic atrophy in his left eye due to a
traumatic incident in 1993. The visual acuity in his right eye is 20/
15, and in his left eye, 20/100. Following an examination in 2016, his
optometrist stated, ``Optic Atrophy . . . The patient has been driving
with a commercial driving license since 1996 without accident. [sic]
and this adds to my opinion that he can drive safely [sic] at the
present time and meets the licenses requirement.'' Mr. Morrison
reported that he has driven straight trucks for 12 years, accumulating
360,000 miles, and tractor-trailer combinations for 6 years,
accumulating 30,000 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.
Tad W. Sexsmith
Mr. Sexsmith, 34, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/15, and in his left
eye, 20/50. Following an examination in 2016, his optometrist stated,
``In my professional opinion, I certify that Tad Sexsmith has
sufficient vision abilities to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Smith reported that he has driven
straight trucks for 8 years, accumulating 320,000 miles. He holds a
Class B CDL from Washington. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Dennis M. Varga, Jr.
Mr. Varga, 37, has had a prosthetic right eye since birth. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/15. Following an examination in 2016, his optometrist stated,
``Mr. Varga was born with a non-functional right eye and does not have
binocular vision. We would request that with his flawless record as a
CDL holder, you would grant the necessary medical waiver for him to
continue with both inter and intra-state driving privileges.'' Mr.
Varga reported that he has driven straight trucks for 18 years,
accumulating 360,000 miles, and tractor-trailer combinations for 18
years, accumulating 18,000 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.
Michael J. Weber
Mr. Weber, 28, 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, ``It
is my opinion that Mr. Weber has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Weber
reported that he has driven straight trucks for 4 years, accumulating
6,000 miles, tractor-trailer combinations for 4 years, accumulating
6,000 miles, and buses for 4 years, accumulating 4,000 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.
[[Page 72667]]
Mark B. Wilmer
Mr. Wilmer, 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, ``With
these test results and Mark's past driving record, I feel he is
qualified to safely operate a commercial vehicle.'' Mr. Wilmer reported
that he has driven straight trucks for 3 years, accumulating 900 miles,
and tractor-trailer combinations for 20 years, accumulating 30,000
miles. He holds a Class A CDL from Virginia. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Hezekiah Woodrup Sr.
Mr. Woodrup, 62, has a retinal scar 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, 20/30. Following an examination in 2016,
his optometrist stated, ``It is in my opinion, that the patient meets
vision requirements for use of commercial vehicle and is able to
perform the driving tasks required to operate the vehicle.'' Mr.
Woodrup reported that he has driven straight trucks for 7 years,
accumulating 210,000 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.
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-2016-0210 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-2016-0210 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: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25380 Filed 10-19-16; 8:45 am]
BILLING CODE 4910-EX-P