Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Highway Administration
2 May 2016
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26305-26308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10200]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0027]
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
[[Page 26306]]
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 1, 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-2016-0027 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: 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
Felix Barajas Ramirez
Mr. Barajas Ramirez, 54, has had a retinal detachment in his left
eye since 2009. The visual acuity in his right eye is 20/20, and in his
left eye, hand motion. Following an examination in 2016, his
ophthalmologist stated, ``In my medical opinion I see no ocular reason
to exclude Mr. Barajas from driving or operating a commercial
vehicle.'' Mr. Barajas Ramirez reported that he has driven tractor-
trailer combinations for 13 years, accumulating 140,000 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.
Curtis W. Bottorf
Mr. Bottorf, 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/
80. Following an examination in 2015, his optometrist stated, ``I
certify that, in my medical opinion, Curt Bottorf has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bottorf reported that he has driven straight trucks for
23 years, accumulating 345,000 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.
Ronnie E. Boyd
Mr. Boyd, 51, has had corneal ectasia in his right eye since 2013.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2015, his ophthalmologist stated,
``Ronnie has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Boyd reported that he has driven
straight trucks for 1 year, accumulating 7,000 miles and tractor-
trailer combinations for 6 years, accumulating 480,000 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.
Laurence R. Casey
Mr. Casey, 56, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/400, and in his left eye, 20/40.
Following an examination in 2016, his ophthalmologist stated, ``Mr.
Casey has sufficient vision to operate a commercial vehicle.'' Mr.
Casey reported that he has driven straight trucks for 34 years,
accumulating 153,000 miles, and tractor-trailer combinations for 34
years, accumulating 2.04 million miles. He holds a Class AM CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Jon C. Dillon
Mr. Dillon, 47, has macular scarring in his left eye due to a
traumatic incident in 1991. 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, ``It is my medical opinion that Mr.
Dillion has sufficient vision to perform the driving tests required to
operate a commercial vehicle under your guidelines.'' Mr. Dillon
reported that he has driven straight trucks for 23 years, accumulating
11,500 miles and tractor-trailer combinations for 10 years,
accumulating 30,000 miles. He holds a Class A CDL from Minnesota. His
driving record for the last 3 years shows
[[Page 26307]]
no crashes and no convictions for moving violations in a CMV.
Richard W. Ellis
Mr. Ellis, 48, has had a prosthetic right eye since 2000. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``In regards to his visual competence, Mr. Ellis is quite sufficiently
equipped to operate commercial vehicles.'' Mr. Ellis reported that he
has driven tractor-trailer combinations for 30 years, accumulating 2.4
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.
Shorty Ellis
Mr. Ellis, 52, has had a retinal scar in his right eye since
childhood. The visual acuity in his right eye is 20/50, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``. . . Mr. Ellis has stable vision that hasn't changed and he is safe
to operate a commercial motor vehicle as he has been successfully doing
for years.'' Mr. Ellis reported that he has driven straight trucks for
35 years, accumulating 280,000 miles, tractor-trailer combinations for
5 years, accumulating 390,000 miles and buses for 2 years, accumulating
2,400 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.
Gregory T. Garris
Mr. Garris, 47, 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 2015, his ophthalmologist stated,
``Given his long-term record of safely driving with one good eye, I see
no reason to deny him continued privilege of driving as a commercial
driver.'' Mr. Garris reported that he has driven tractor-trailer
combinations for 25 years, accumulating 1.63 million miles. He holds a
Class A CDL from Oklahoma. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
James R. Hammond
Mr. Hammond, 27, 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 2015, his optometrist stated,
``The patient states that he has safely driven commercial vehicles for
many years with no troubles. I think the patient should be able to
drive safely with his excellent vision (left eye) and his excellent
visual field with both eyes.'' Mr. Hammond reported that he has driven
straight trucks for 2 years, accumulating 28,080 miles. He holds a
Class D CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Russell P. Kosinko
Mr. Kosinko, 55, has a scar in his right eye due to a traumatic
incident in 2011. The visual acuity in his right eye is 20/600, and in
his left eye, 20/30. Following an examination in 2015, his optometrist
stated, ``In my medical opinion Russell does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Kosinko reported that he has driven straight trucks for 20 years,
accumulating 2 million miles, and tractor-trailer combinations for 20
years, accumulating 520,000 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.
Christopher B. Liston
Mr. Liston, 47, has had a chorioretinal scar in his right eye since
birth. 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,
``It is my opinion that Mr. Liston has sufficient vision to perform
driving tasks required to operate a commercial vehicle as it relates to
his vision.'' Mr. Liston reported that he has driven straight trucks
for 11 years, accumulating 126,720 miles, and tractor-trailer
combinations for 11 years, accumulating 31,680 miles. He holds a Class
AM CDL from Tennessee. His driving record for the last 3 years shows
one crash, to which he did not contribute and for which he was not
cited, and no convictions for moving violations in a CMV.
Larry D. Miller
Mr. Miller, 72, has had a prosthetic right eye since 1969. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/25. Following an examination in 2015, his optometrist stated,
``In my professional medical opinion, Mr. Larry Miller has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Miller reported that he has driven straight trucks for
10 years, accumulating 250,000 miles, and tractor-trailer combinations
for 43 years, accumulating 4.3 million 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.
Mickael P. Miller
Mr. Miller, 52, has had exotropia in both eyes since childhood,
preventing him from using both eyes together. The visual acuity in his
right eye is 20/20, and in his left eye, 20/20. Following an
examination in 2016, his optometrist stated, ``In my opinion Mr. Miller
has vision adequate to drive a commercial vehicle, especially in light
of his long work history doing this very job with an apparently
successful track record.'' Mr. Miller reported that he has driven
straight trucks for 25 years, accumulating 50,000 miles. He holds a
Class B CDL from Louisiana. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Benny D. Patterson
Mr. Patterson, 56, has had amblyopia 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 2015, his
ophthalmologist stated, ``I do feel that Mr. Patterson, in my medical
opinion, has sufficient vision to perform the driving tasks required to
operative [sic] a commercial motor vehicle with the monocular Vision
Exemption Program.'' Mr. Patterson reported that he has driven straight
trucks for 38 years, accumulating 760,000 miles and tractor-trailer
combinations for 35 years, accumulating 875,000 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.
James A. Peterson
Mr. Peterson, 67, had a retinal detachment in his left eye in 1965.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2015, his ophthalmologist
stated, ``His color vision is completely normal, and in my medical
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Peterson reported that he has
driven straight trucks for 3 years, accumulating 30,000 miles, and
tractor-trailer combinations for 20 years, accumulating 1 million
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.
[[Page 26308]]
Jose R. Pitre Rodriguez
Mr. Pitre Rodriguez, 57, 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 2015, his optometrist
stated, ``Mr. Pitre has sufficient vision to perform the driving test
required and to operate a commercial vehicle.'' Mr. Pitre Rodriguez
reported that he has driven straight trucks for 23 years, accumulating
61,600 miles. He holds a Class A CDL from FL. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
John Rueckert
Mr. Rueckert, 63, had a retinal detachment in his left eye in 2013.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2015, his optometrist stated, ``In my
opinion, John has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Rueckert reported that
he has driven straight trucks for 45 years, accumulating 2.25 million
miles and tractor-trailer combinations for 39 years, accumulating 5.85
million 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 W. Schmit
Mr. Schmit, 54, has a prosthetic left eye due to a traumatic
incident in 1987. 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 my medical opinion that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Schmit reported that he has driven straight
trucks for 20 years, accumulating 250,000 miles and tractor-trailer
combinations for 4 years, accumulating 22,000 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.
Douglas R. Strickland
Mr. Strickland, 25, has had refractive 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 2015, his optometrist
stated, ``He should be cleared to drive a commercial vehicle from a
visual standpoint in my opinion.'' Mr. Strickland reported that he has
driven straight trucks for 8 years, accumulating 12,800 miles. He holds
a Class C CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Vladimir Szudor
Mr. Szudor, 44, 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 2015, his optometrist stated, ``Yes,
Mr. Szudor has sufficient vision to perform the driving tasks to
operate commercial vehicle.'' Mr. Szudor reported that he has driven
buses for 8 years, accumulating 320,000 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.
Marvin S. Zimmerman
Mr. Zimmerman, 69, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is light perception, and
in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``In my medical opinion Mr. Zimmerman has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Zimmerman reported that he has driven
tractor-trailer combinations for 40 years, accumulating 5.2 million
miles. He holds a Class A CDL from Pennsylvania. 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-2016-0027 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-2016-0027 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: April 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10200 Filed 4-29-16; 8:45 am]
BILLING CODE 4910-EX-P