Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
8 March 2017
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13045-13048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04525]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0377]
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 17 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 7, 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-2016-0377 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
[[Page 13046]]
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 achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 17 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
Chad C. Burnett
Mr. Burnett, 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/
50. Following an examination in 2016, his optometrist stated, ``After
careful assessment of patient Chad Burnett for a complete eye vision
and health exam on 5-3-2016, I feel Chad would be visually qualified to
obtain his CMV license for driving.'' Mr. Burnett reported that he has
driven straight trucks for 12 years, accumulating 720,000 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.
Lesco R. Chubb
Mr. Chubb, 68, has had a central retinal vein occlusion in his left
eye since 2006. The visual acuity in his right eye is 20/20, and in his
left eye, hand motion. Following an examination in 2016, his
optometrist stated that Mr. Chubb does have sufficient vision to
perform the driving tasks required to operate a CMV. Mr. Chubb reported
that he has driven tractor-trailer combinations for 28 years,
accumulating 3.5 million 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.
Stephen M. Currie
Mr. Currie, 60, has a prosthetic right eye due to a traumatic
incident in 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, ``Mr. Currie has operated a commercial
vehicle with his prosthetic right eye for years. Nothing has changed in
his vision or peripheral vision to indicate that he cannot continue to
operate in the same capacity he has been operating for the past several
years.'' Mr. Currie reported that he has driven straight trucks for 26
years, accumulating 1.09 million miles. He holds a Class B CDL from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Thomas C. Fitzpatrick
Mr. Fitzpatrick, 72, has had amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/50, and in his left
eye, 20/25. Following an examination in 2016, his optometrist stated,
``Mr. Fitzpatrick is able to recognize colors and has no visual
deficiencies that would be any hazard to commercial driving.'' Mr.
Fitzpatrick reported that he has driven straight trucks for 41 years,
accumulating 143,500 miles, and tractor-trailer combinations for 46
years, accumulating 253,000 miles. He holds a Class A CDL from Maine.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert D. Hattabaugh
Mr. Hattabaugh, 53, has complete loss of vision in his right eye
due to a traumatic incident in 2006. 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 that Mr. Hattabaugh
does have sufficient vision to perform the driving tasks required to
operate a CMV. Mr. Hattabaugh reported that he has driven straight
trucks for 30 years, accumulating 90,000 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.
Wade R. Higgins
Mr. Higgins, 62, has complete loss of vision 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, no light perception. Following an
examination in 2016, his ophthalmologist stated, ``Patient has
sufficient vision to perform driving tasks of commercial vehicle
[sic].'' Mr. Higgins reported that he has driven straight trucks for 5
years, accumulating 500,000 miles. He holds an operator's license from
North Carolina. His driving record for the last 3 years shows one crash
and no convictions for moving violations in a CMV.
Daniel L. Holman
Mr. Holman, 46, has complete loss of vision in his right eye due to
a traumatic incident in 1997. The visual acuity in his right eye is no
light perception, and in his left eye, 20/15. Following an examination
in 2016, his ophthalmologist stated, ``In my medical opinion Mr. Holman
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Holman reported that he has driven straight
trucks for 9 years, accumulating 180,000 miles. He holds a Class B CDL
from Utah. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Don N. Hood
Mr. Hood, 64, has had a corneal scar in his right eye since 1997.
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 [sic] hood has more than adequate VA [sic] to
operate [sic] commercial vehicle.'' Mr. Hood reported that he has
driven straight trucks for 27 years,
[[Page 13047]]
accumulating 280,800 miles, tractor-trailer combinations for 20 years,
accumulating 100,000 miles, and buses for 1 year, accumulating 60
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.
James S. Hummel
Mr. Hummel, 66, has phthisis bulbi 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, ``In summary, he has 20/20
uncorrected and corrected vision in his left eye and no vision in the
right eye, a well-preserved visual field, and normal color testing that
qualifies him to drive a commercial vehicle.'' Mr. Hummel reported that
he has driven straight trucks for 41 years, accumulating 410,000 miles,
and tractor-trailer combinations for 3 years, accumulating 6,000 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 R. Martin
Mr. Martin, 63, has a cataract in his right eye since birth. The
visual acuity in his right eye is count fingers, and in his left eye,
20/20. Following an examination in 2016, his ophthalmologist stated,
``Mr. Martin has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Martin reported that he
has driven tractor-trailer combinations for 3 years, accumulating
279,000 miles. He holds a Class AM CDL from Virginia. His driving
record for the last 3 years shows one crash and no convictions for
moving violations in a CMV.
James C. Montgomery
Mr. Montgomery, 51, has a retinal scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/150, and in his left eye, 20/15. Following an examination in 2016,
his optometrist stated, ``From a visual standpoint, my medical opinion
is that that [sic] he has the ability to sufficiently perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Montgomery reported that he has driven straight trucks for 8 years,
accumulating 5,600 miles, and tractor-trailer combinations for 2 years,
accumulating 16,800. 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.
Huber N. Pena Ortega
Mr. Pena Ortega, 32, 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,
``It is my medical opinion that Huber Ortega has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Pena Ortega reported that he has driven straight trucks for 10
years, accumulating 200,000 miles, and tractor-trailer combinations for
5 years, accumulating 110,000 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.
Garry W. Perkins
Mr. Perkins, 58, 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 2017, his optometrist stated, ``It is in my
professional opinion that due to the non-progressive congenital
condition of refractive amblyopia in Mr. Perkins left eye and overall
visual field status and corrected vision OD that there are no visual
concerns for Mr. Perkins to operate a commercial vehicle.'' Mr. Perkins
reported that he has driven straight trucks for 30 years, accumulating
300,000 miles. He holds an operator's license from New Hampshire. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Charles M. Reese
Mr. Reese, 31, has had amblyopia in his right eye since birth. 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 do
believe that Mr. Reese has sufficient vision to drive and operate a
commercial vehicle.'' Mr. Reese reported that he has driven straight
trucks for 5 years, accumulating 100,000 miles, and tractor-trailer
combinations for 6 years, accumulating 150,000 miles. He holds a Class
A CDL from Utah. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Wilbur Robinson, Jr.
Mr. Robinson, 60, has complete loss of vision in his right eye due
to a traumatic incident in 1975. 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, ``Patient has sufficient
vision to drive commercial truck.'' Mr. Robinson reported that he has
driven straight trucks for 10 years, accumulating 180,000 miles. He
holds a Class B CDL from New Jersey. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Thomas R. Test
Mr. Test, 38, has had complete loss of vision in his right eye due
to a traumatic incident 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, ``In my medical opinion,
Mr. Thomas R. Test has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Test reported that he
has driven straight trucks for 17 years, accumulating 2.6 million
miles. He holds a Class AM CDL from Virginia. His driving record for
the last 3 years shows no crashes and one conviction for speeding in a
CMV; he exceeded the speed limit by 10 MPH.
Steven L. Tiefenthaler
Mr. Tiefenthaler, 56, has a toxoplasmosis scar 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
ophthalmologist stated, ``I certify that, in my medical opinion, this
patient has sufficient vision to operate a commercial motor vehicle.''
Mr. Tiefenthaler reported that he has driven straight trucks for 10
years, accumulating 80,000 miles, tractor-trailer combinations for 25
years, accumulating 3.25 million miles, and buses for 2 years,
accumulating 1,600 miles. He holds a Class A CDL from Iowa. 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
[[Page 13048]]
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-2016-0377 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-2016-0377 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 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04525 Filed 3-7-17; 8:45 am]
BILLING CODE 4910-EX-P