Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
26 May 2017
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24430-24432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10773]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0018]
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 10 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 June 26, 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-2017-0018 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 10 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
Blaine R. Dickman
Mr. Dickman, 61, 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 2017, his optometrist
stated, ``In my medical opinion, Blaine has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Dickman reported that he has driven buses for 19 years,
accumulating 76,000 miles. He holds a Class B CDL from Nevada. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
[[Page 24431]]
Sean J. Dornin
Mr. Dornin, 44, has had a corneal transplant in his left eye since
childhood due to a congenital cataract. The visual acuity in his right
eye is 20/20, and in his left eye, hand motion. Following an
examination in 2017, his optometrist stated, ``In my medical opinion,
Sean Dornin has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Dornin reported that he has
driven straight trucks for 20 years, accumulating 600,000 miles, and
tractor-trailer combinations for 20 years, accumulating 900,000 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.
Wade J. Jandreau
Mr. Jandreau, 42, has optic neuropathy in his left eye due to a
traumatic incident in 1990. 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, the patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Jandreau reported that he has driven straight trucks for
5 years, accumulating 100,000 miles, and tractor-trailer combinations
for 8 years, accumulating 200,000 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.
Eric C. Johnson
Mr. Johnson, 63, has a prosthetic 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 2017,
his optometrist stated, ``I do certify that in my medical opinion, he
is able to perform the driving tasks required to maintain a commercial
driver's license.'' Mr. Johnson reported that he has driven straight
trucks for 8 years, accumulating 4,000 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.
Thomas M. Leonard
Mr. Leonard, 65, has a macular scar in his right eye due to a
traumatic incident in 1970. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2017, his optometrist stated, ``In my medical opinion, Leonard,
[sic] Thomas has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Leonard reported that
he has driven straight trucks for 20 years, accumulating 932,720 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.
James Q. Meeks, Jr.
Mr. Meeks, 51, has had amblyopia 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 2017, his optometrist stated that, in
his medical opinion, Mr. Meeks does have sufficient vision to operate a
commercial motor vehicle. Mr. Meeks reported that he has driven
straight trucks for 5 years, accumulating 26,000 miles, and tractor-
trailer combinations for 5 years, accumulating 26,000 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.
Al V. Nowviock
Mr. Nowviock, 56, 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 2017,
his optometrist stated, ``In my opinion, his vision is sufficient to
continue to operate a commercial vehicle.'' Mr. Nowviock reported that
he has driven tractor-trailer combinations for 20 years, accumulating
1.05 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.
Hubert O. Pollard
Mr. Pollard, 44, has a prosthetic left eye due to a traumatic
incident in 2002. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2017,
his ophthalmologist stated, ``If you are willing to waive the
restriction prohibiting a monocular patient from operating a commercial
vehicle, in the case of Mr. Pollard I am happy to certify he has
sufficient vision to operate a commercial vehicle.'' Mr. Pollard
reported that he has driven straight trucks for 17 years, accumulating
1.275 million 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.
Daniel L. Troop
Mr. Troop, 56, has complete loss of vision in his right eye due to
a traumatic incident in 1978. 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, Danny has sufficient
vision to perform the tasks required to operate a commercial vehicle.''
Mr. Troop reported that he has driven straight trucks for 35 years,
accumulating 350,000 miles, and tractor-trailer combinations for 35
years, accumulating 1.4 million 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.
Jeffrey Waterbury
Mr. Waterbury, 53, has a macular scar in his left eye due to a
traumatic incident in 1982. 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, ``Mr. Waterbury has demonstrated sufficient vision
to operate a commercial vehicle.'' Mr. Waterbury reported that he has
driven straight trucks for 32 years, accumulating 1.12 million miles,
and tractor-trailer combinations for 2 years, accumulating 2,000 miles.
He holds a Class A CDL from New York. 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-2017-0018 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
[[Page 24432]]
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-2017-0018 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: May 12, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10773 Filed 5-25-17; 8:45 am]
BILLING CODE 4910-EX-P