Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
8 August 2016
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52514-52516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18735]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0031]
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 11 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 September 7, 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-2016-0031 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 11 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
Daniel S. Billig
Mr. Billig, 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/
200. Following an examination in 2015, his optometrist stated, ``In my
medical opinion, Daniel has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Billig reported
that he has driven straight trucks for 3 years, accumulating 30,000
miles. He holds an operator's license from Minnesota. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Duane N. Brojer
Mr. Brojer, 50, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/100.
Following an examination in 2016, his optometrist stated, ``Dr. L.
Victor Sandoval certifies that in his medical opinion, Duane has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Brojer reported that he has driven straight
trucks for 21 years, accumulating 756,000 miles. He holds an operator's
license from New Mexico. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
[[Page 52515]]
Jeffrey D. Davis
Mr. Davis, 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, 20/
400. Following an examination in 2016, his optometrist stated, ``Mr.
Davis has sufficient vision to perform driving tasks that are required
to operate a commercial vehicle.'' Mr. Davis reported that he has
driven straight trucks for 2 years, accumulating 23,400 miles, and
tractor-trailer combinations for 26 years, accumulating 624,000 miles.
He holds a Class A CDL from North Carolina. His driving record for the
last 3 years shows one crash in a CMV, to which he contributed but for
which he was not cited, and no convictions for moving violations in a
CMV.
Paul D. Evenhouse
Mr. Evenhouse, 59, has had exotropia in his left eye since birth.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``The
patient reports that he has driven a large truck with CDL license for
about 40 years. Since he has passed your CDL vision criteria in the
past, and his vision and eye health are stable, I believe he can
continue safely.'' Mr. Evenhouse reported that he has driven straight
trucks for 31 years, accumulating 1.13 million 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.
Jonathan W. Gibbons
Mr. Gibbons, 40, has had refractive 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 optometrist
stated, ``It is my opinion that Mr. Gibbons has more than sufficient
vision to operate a commercial vehicle.'' Mr. Gibbons reported that he
has driven straight trucks for 4 years, accumulating 120,000 miles. He
holds a Class AM CDL from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Shane J. Graff
Mr. Graff, 29, 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, ``Mr.
Graff will need to wear a correction, but with this correction, will
have 20/20 visual acuity and full peripheral field of vision. There
should be no difficulty with him driving a commercial vehicle at this
time.'' Mr. Graff reported that he has driven tractor-trailer
combinations for 13 years, accumulating 390,000 miles, and buses for 8
years, accumulating 40,000 miles. He holds an operator's license from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Brian D. Hoover
Mr. Hoover, 53, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/100.
Following an examination in 2016, his optometrist stated, ``I, Denise
C. Gimbel, OD, in my medical opinion, feel Brian Hoover has sufficient
vision to perform the [sic] driving tasks required to operate a
commercial vehicle.'' Mr. Hoover reported that he has driven straight
trucks for 34 years, accumulating 3,400 miles, and tractor-trailer
combinations for 34 years, accumulating 68,000 miles. He holds a Class
A CDL from Iowa. His driving record for the last 3 years shows one
crash, which he was not cited for, and no convictions for moving
violations in a CMV.
Michael A. Kafer
Mr. Kafer, 32, has had refractive 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 is my medical opinion Michael Kafer has sufficient vision to
perform the driving task as required to operate a commercial vehicle.''
Mr. Kafer reported that he has driven tractor-trailer combinations for
10 years, accumulating 35,000 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.
Christopher Robinson
Mr. Robinson, 38, has had Coat's retinopathy in his left eye since
childhood. 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, he has sufficient vision to perform
the driving tasks for operating a commercial vehicle.'' Mr. Robinson
reported that he has driven straight trucks for 4 years, accumulating
124,800 miles, and tractor-trailer combinations for 4 years,
accumulating 140,000 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.
Joshua R. Stanley
Mr. Stanley, 43, has a corneal scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/250, and in his left eye, 20/20. Following an examination in 2016,
his optometrist stated, ``Mr. Stanley has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Stanley reported that he has driven straight trucks for 3 years,
accumulating 28,300 miles. He holds an operator's license from
Oklahoma. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Charles F. Tibbetts
Mr. Tibbetts, 67, 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,
``The above is under my care and is visually impaired (mildly) in the
left eye due to amblyopia which began at childhood and is stable. He
should be allowed to drive a commercial vehicle.'' Mr. Tibbetts
reported that he has driven straight trucks for 10 years, accumulating
50,000 miles, and tractor-trailer combinations for 14 years,
accumulating 364,000 miles. He holds an operator's license from South
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-2016-0031 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
[[Page 52516]]
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-2016-0031 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: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18735 Filed 8-5-16; 8:45 am]
BILLING CODE 4910-EX-P