Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
6 March 2017
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12678-12680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04257]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0214]
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 14 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 April 5, 2017. 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-2016-0214 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.,
e.t., 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., e.t., 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
[[Page 12679]]
achieved absent such exemption.'' FMCSA can renew exemptions at the end
of each 2-year period. The 14 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
Tyler D. Baseman
Mr. Baseman, 31, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/70.
Following an examination in 2016, his optometrist stated, ``In my
medical opinion Mr. Baseman has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Baseman
reported that he has driven straight trucks for 3 years, accumulating
90,000 miles, and tractor-trailer combinations for 3 years,
accumulating 30,000 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 A. Ferrucci
Mr. Ferrucci, 53, 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 conclusion, Mr. Ferrucci has the required, stable vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ferrucci reported that he has driven straight trucks for
7 years, accumulating 105,000 miles. He holds an operator's license
from Florida. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Gary W. Fields
Mr. Fields, 56, 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, ``In my opinion he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Fields reported that he has driven straight trucks for 22 years,
accumulating 1.1 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.
Michael D. Greene, Jr.
Mr. Greene, 35, has poor vision in his right eye due to
inflammation in childhood. The visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2016,
his ophthalmologist stated, ``It is my medical opinion that Mr. Green
[sic] has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Greene reported that he has driven
straight trucks for 18 years, accumulating 15,000 miles. He holds an
operator's license from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Cory W. Haupt
Mr. Haupt, 47, has had a macular hole in his right eye due to a
traumatic incident in 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 certify, in my medical opinion,
that Mr. Haupt is fully capable and visually competent to operate a
commercial vehicle.'' Mr. Haupt reported that he has driven straight
trucks for 26 years, accumulating 78,000 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.
Joseph E. Jones
Mr. Jones, 30, has had a retinal detachment in his right eye due to
Von Hippel Lindau disease 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, ``In my professional
vision [sic], he has good enough vision for any kind of driver's
license including a commercial driver's license.'' Mr. Jones reported
that he has driven straight trucks for 1 year, accumulating 30,000
miles, and tractor-trailer combinations for 3 years, accumulating
240,000 miles. He holds a Class A CDL from Georgia. His driving record
for the last 3 years shows no crashes and one conviction for a moving
violation in a CMV; he failed to obey a stop sign.
Peter W. Lampasone
Mr. Lampasone, 51, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``In
my opinion, this patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Lampasone
reported that he has driven straight trucks for 20 years, accumulating
1.2 million miles. He holds an operator's license from New York. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Edward H. Lampe
Mr. Lampe, 52, 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 ophthalmologist
stated, ``In my opinion he has stable and sufficient vision to perform
the driving tasks needed to operate a commercial vehicle.'' Mr. Lampe
reported that he has driven straight trucks for 19 years, accumulating
190,000 miles. He holds an operator's license from Oregon. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Thomas L. Lange
Mr. Lange, 66, has had amblyopia in his right eye since 2011. The
visual acuity in his right eye is 20/60, and in his left eye, 20/20.
Following an examination in 2016, his optometrist stated, ``I do
certify that in my medical opinion, Mr. Lange has sufficient vision to
perform the driving tasks required to safely operate a commercial motor
vehicle (CMV).'' Mr. Lange reported that he has driven tractor-trailer
combinations for 30 years, accumulating 525,000 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.
Ronald R. Matheson
Mr. Matheson, 49, has a prosthetic right eye due to a traumatic
incident in 2003. 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, ``US Dept [sic] of Transportation . . .
Vision is better than 20/40 in the left eye and visual field meets
requirements.'' Mr. Matheson reported that he has driven straight
trucks for 20 years, accumulating 50,000 miles. He holds a Class B CDL
from Wyoming. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
[[Page 12680]]
Jason C. Nicklow, Sr.
Mr. Nicklow, 41, has complete loss of vision in his right eye due
to a traumatic incident in 1992. 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 a commercial
vehicle can be driven with one healthy eye with intact visual field
than he should have sufficient vision to drive [sic].'' Mr. Nicklow
reported that he has driven straight trucks for 11 years, accumulating
22,000 miles, and tractor-trailer combinations for 10 years,
accumulating 15,000 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.
Lawrence M. Taylor
Mr. Taylor, 38, has had optic atrophy in his left eye since birth.
The visual acuity in his right eye is 20/25, and in his left eye, light
perception. Following an examination in 2016, his ophthalmologist
stated, ``As medical professionals, we feel his vision is sufficient to
operate a commercial vehicle.'' Mr. Taylor reported that he has driven
straight trucks for 15 years, accumulating 195,000 miles. He holds an
operator's license from Rhode Island. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Eric M. Turton
Mr. Turton, 34, has had a prosthetic right eye due to micropthalmia
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 Eric Turton has sufficient vision
to perform his commercial driving tasks.'' Mr. Turton reported that he
has driven straight trucks for 8 years, accumulating 520,000 miles. He
holds an operator's license from New York. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Kendrick T. Williams
Mr. Williams, 29, 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,
``In my professional opinion Kendrick has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Williams reported that he has driven tractor-trailer combinations for 3
years, accumulating 390,000 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.
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-2016-0214 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-2016-0214 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: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04257 Filed 3-3-17; 8:45 am]
BILLING CODE 4910-EX-P