Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
12 April 2017
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17736-17739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07313]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0014]
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 21 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
[[Page 17737]]
qualify as drivers of commercial motor vehicles (CMVs) in interstate
commerce.
DATES: Comments must be received on or before May 12, 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-2017-0014 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 achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 21 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
Andrew R. Cook
Mr. Cook, 46, has a retinal detachment in his left eye due to a
traumatic incident in 2001. 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 based on the
information that I have, Mr. Cook is a very experienced driver, and has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Cook reported that he has driven straight
trucks for 11 years, accumulating 132,000 miles. He holds a Class B CDL
from Vermont. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Kevin M. Finn
Mr. Finn, 52, has had a cataract in his right eye since birth. 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, ``Mr.
Finn's current ocular status is stable and has likely been such for
many years [sic] There [sic] is no acute pathology noted. He should
have no difficulties with activities relating to driving a commercial
vehicle since he has been driving for many years with his current
status.'' Mr. Finn reported that he has driven straight trucks for 26
years, accumulating 33,800 miles. He holds a Class AM CDL from New
York. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
David R. Ford
Mr. Ford, 59, has had a retinal detachment in his right eye since
2013. The visual acuity in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``With current rx [sic], and medical opinion patient is ok [sic] to
drive a commercial vehicle.'' Mr. Ford reported that he has driven
straight trucks for 32 years, accumulating 80,000 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.
Douglas P. Fossum
Mr. Fossum, 61, 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, ``It
would be my opinion that Mr. Fossum has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Fossum reported that he has driven straight trucks for 40 years,
accumulating 1 million miles, and tractor-trailer combinations for 33
years, accumulating 990,000 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.
Timothy M. Good
Mr. Good, 61, has had amblyopia in his right eye since childhood.
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, ``I
hereby acknowledge that Mr. Timothy Good is indeed qualified and has
ample sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Good reported that he has driven
straight trucks for 3 years, accumulating 468,000 miles, and tractor-
trailer combinations for 1 year, accumulating 104,000 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.
John R. Harper
Mr. Harper, 31, has had amblyopia in his left eye since birth. The
visual acuity
[[Page 17738]]
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,
John Harper has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Harper reported that he has
driven straight trucks for 9 years, accumulating 216,000 miles, and
tractor-trailer combinations for 2 years, accumulating 24,000 miles. He
holds a Class A CDL from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
George H. Keppol, Jr.
Mr. Keppol, 60, 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,
``Mr. Keppol has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Keppol reported that he
has driven tractor-trailer combinations for 25 years, accumulating 3.25
million miles. He holds a Class A CDL from Washington. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Curtis L. Lamb
Mr. Lamb, 57, has a corneal laceration in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/50, and in his left eye, 20/20. Following an examination in 2017,
his optometrist stated, ``In my medical opinion, I do feel he has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Lamb reported that he has driven straight
trucks for 26 years, accumulating 2,600 miles, and tractor-trailer
combinations for 26 years, accumulating 650 miles. He holds a Class A
CDL from Kansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Jeffery D. Lynch
Mr. Lynch, 59, has had a retinal detachment in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2016, his
ophthalmologist stated, ``In my medical opinion the patient has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Lynch reported that he has driven straight
trucks for 40 years, accumulating 920,000 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.
Kenton D. McCullough
Mr. McCullough, 37, has a macular scar in his left eye due to a
traumatic incident in 2001. The visual acuity in his right eye is 20/
15, and in his left eye, counting fingers. Following an examination in
2017, his optometrist stated, ``This letter is to certify that in my
medical opinion this patient has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. McCullough
reported that he has driven straight trucks for 7 years, accumulating
525,000 miles, and tractor-trailer combinations for 10 years,
accumulating 1 million 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.
Charles W. Ohman
Mr. Ohman, 74, has an epiretinal membrane in his left eye due to
cataract surgery in 2013. The visual acuity in his right eye is 20/25,
and in his left eye, 20/70. Following an examination in 2016, his
optometrist stated, ``I feel that Mr. Ohman has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Ohman reported that he has driven straight trucks for 10 years,
accumulating 65,000 miles, and tractor-trailer combinations for 36
years, accumulating 5.04 million 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.
Gary A. Parece
Mr. Parece, 52, 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 2017, his optometrist stated, ``Best
Corrected [sic] to 20/20 OD and 20/50 OS should be adequate to operate
a commercial vehicle [sic].'' Mr. Parece reported that he has driven
straight trucks for 24 years, accumulating 144,000 miles. He holds a
Class BM CDL from Massachusetts. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Everardo G. Plascencia
Mr. Plascencia, 51, has complete loss of vision in his left eye due
to a traumatic incident 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 ophthalmologist stated, ``In my medical opinion as the
patient's Ophthalmologist [sic], I believe he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Plascencia reported that he has driven straight trucks for 25
years, accumulating 400,000 miles, and tractor-trailer combinations for
25 years, accumulating 250,000 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.
Eric D. Pohlmann
Mr. Pohlmann, 36, 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 2017, his ophthalmologist
stated, ``In my opinion, he has sufficient vision to safely operate a
commercial vehicle.'' Mr. Pohlmann reported that he has driven tractor-
trailer combinations for 16 years, accumulating 560,000 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.
Johnny W. Ray
Mr. Ray, 50, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is counting fingers, and in his left
eye, 20/25. Following an examination in 2017, his optometrist stated
that Mr. Ray does have sufficient vision to perform the driving tasks
required to operate a CMV. Mr. Ray reported that he has driven straight
trucks for 25 years, accumulating 250,000 miles, and tractor-trailer
combinations for 25 years, accumulating 250,000 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.
Steven D. Scharber
Mr. Scharber, 71, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/30. Following an examination in 2016, his optometrist
stated, ``It is in my opinion that Steven can safely perform the
driving tasks required to operate a commercial motor vehicle.'' Mr.
Scharber reported that he has driven straight trucks for 55 years,
accumulating 440,000 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.
[[Page 17739]]
Don Smith
Mr. Smith, 72, has glaucoma in his right eye due to a traumatic
incident in 2013. 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 professional opinion, this patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Smith reported that he has driven tractor-
trailer combinations for 11 years, accumulating 946,000 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.
Renaldo J. Stannard
Mr. Stannard, 65, has had amblyopia 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 2016, his
optometrist stated, ``In my medical opinion, Renaldo J. Stannard has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Stannard reported that he has driven straight
trucks for 24 years, accumulating 840,000 miles. He holds an operator's
license from Washington, DC. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
John T. Switzer
Mr. Switzer, 44, has had a prosthetic right eye since 1981 due to
toxocara canis infection. 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, ``Since the patient [sic] one-eyed
for 35 years and has driven commercial trucks for approximately 16
years without incident, I feel he is totally capable to continue to
drive commercial trucks.'' Mr. Switzer reported that he has driven
straight trucks for 16 years, accumulating 384,000 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.
Steven A. Thompson
Mr. Thompson, 40, has hypertropia in his left eye due to amblyopia
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 optometrist
stated, ``In my opinion he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Thompson reported
that he has driven straight trucks for 6 years, accumulating 4,800
miles, and tractor-trailer combinations for 3 years, accumulating 1,500
miles. He holds a Class A CDL from Washington. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Edward A. Ziehlke
Mr. Ziehlke, 59, has had a central artery occlusion in his right
eye since 2009. The visual acuity in his right eye is count fingers,
and in his left eye, 20/20. Following an examination in 2016, his
optometrist stated, ``I certify that in my medical opinion Mr. Ziehlke
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Ziehlke reported that he has driven
straight trucks for 13 years, accumulating 650,000 miles, and tractor-
trailer combinations for 2 years, accumulating 250,000 miles. He holds
an operator's license from Wisconsin. 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-2017-0014 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-2017-0014 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: March 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-07313 Filed 4-11-17; 8:45 am]
BILLING CODE 4910-EX-P