Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
11 October 2016
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70248-70251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24465]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0207]
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 18 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 November 10, 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-2016-0207 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://
[[Page 70249]]
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: 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 18 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
Joshua A. Akshar
Mr. Akshar, 22, 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 2016, his optometrist stated, ``In my
medical opinion, Joshua Akshar has sufficient visual acuity and field
of vision to perform the driving tasks to operate a commercial
vehicle.'' Mr. Akshar reported that he has driven straight trucks for 3
years, accumulating 10,200 miles. He holds a Class B CDL from New York.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Elijah A. Allen, Jr.
Mr. Allen, 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/
200. 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. Allen reported
that he has driven straight trucks for 8 years, accumulating 320,000
miles, tractor-trailer combinations for 25 years, accumulating 2
million miles, and buses for 1 year, accumulating 2,600 miles. He holds
a Class A CDL from Arkansas. His driving record for the last 3 years
shows no crashes and one conviction for a moving violation in a CMV; he
exceeded the speed limit by 10 miles per hour (mph).
Tanner H. Brooks
Mr. Brooks, 21, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/100, and in his left eye, 20/20.
Following an examination in 2016, his optometrist stated, ``It is my
opinion that his vision will enable him to safely operate a commercial
vehicle.'' Mr. Brooks reported that he has driven tractor-trailer
combinations for 3 years, accumulating 24,000 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.
Brian E. Broux
Mr. Broux, 49, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
50. Following an examination in 2016, his optometrist stated, ``In my
opinion, Mr. Broux's vision is sufficient to operate a commercial motor
vehicle.'' Mr. Broux reported that he has driven straight trucks for 11
years, accumulating 143,000 miles. He holds a Class BM1 CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Alvin J. Dannenmann
Mr. Dannenmann, 50, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, 20/60. Following an examination in 2016, his optometrist stated,
``In my professional opinion Mr [sic] Dannenmann has sufficient to
[sic] vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Dannenmann reported that he has driven
straight trucks for 30 years, accumulating 2.34 million miles, and
tractor-trailer combinations for 30 years, accumulating 450,000 miles.
He holds an operator's license from Delaware. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Wayne L. Dorbert
Mr. Dorbert, 58, has had exotropia in his right eye due to
amblyopia since childhood. The visual acuity in his right eye is 20/40,
and in his left eye, 20/20. Following an examination in 2016, his
optometrist stated, ``Visual ability and acuity are stable and
sufficient to operate a commercial vehicle.'' Mr. Dorbert reported that
he has driven buses for 6 years, accumulating 61,500 miles. He holds a
Class B CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Roger D. Ellsworth Jr.
Mr. Ellsworth, 44, has hypoexotropia in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
40. Following an examination in 2016, his optometrist stated, ``In my
opinion, Mr. Ellsworth has sufficient vision to perform the driving
tasks required to operate a commercial vehicle, with his optical
correction.'' Mr. Ellsworth reported that he has driven straight trucks
for 14 years, accumulating 364,000 miles. He holds an operator's
license from North Carolina. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Gregory L. Frisch
Mr. Frisch, 48, has had complete loss of vision in his 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, ``I believe he has sufficient vision to perform
the driving tasks that require operating a commercial or passenger
vehicle.'' Mr. Frisch reported that he has driven straight trucks for
15 years,
[[Page 70250]]
accumulating 90,000 miles, tractor-trailer combinations for 15 years,
accumulating 60,000 miles, and buses for 10 years, accumulating 50,000
miles. He holds a Class A CDL from California. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Josh Gallant Jr.
Mr. Gallant, 68, has had a retinal detachment in his right eye
since 1992. 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 opinion that his vision and ocular health should not
[sic] prevent him from being able to operate a commercial vehicle.''
Mr. Gallant reported that he has driven straight trucks for 22 years,
accumulating 2.34 million miles. He holds a Class B CDL from South
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
John P. Grum
Mr. Grum, 45, has 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 2016, his optometrist stated, ``In my
medical opinion I feel John has more than sufficient vision to continue
to operate a commercial vehicle.'' Mr. Grum reported that he has driven
straight trucks for 20 years, accumulating 600,000 miles, and tractor-
trailer combinations for 20 years, accumulating 1 million 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.
Dillon L. Hendren
Mr. Hendren, 28, 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 2016, his optometrist stated, ``Since Mr.
Hendren's visual fields are much greater than the required field in
each eye, he should be considered visually competent to operate a
commercial vehicle.'' Mr. Hendren reported that he has driven straight
trucks for 9 years, accumulating 142,659 miles. He holds an operator's
license from South Carolina. His driving record for the last 3 years
shows one crash; he was cited for spillage of load/improper load
secure.
Roger E. Kadolph
Mr. Kadolph, 63, has a macular scar in his left eye since 1952. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2016, his ophthalmologist stated, ``In
short, the history and examination was consistent with a history of
very early cataract formation along with a macular scar rendering
decreased central visual acuity with no changes in the peripheral
vision in both eyes . . . In regards to his exam, again everything has
been unchanged and he should be strongly considered for a waiver for
this CDL as nothing has been altered here in the last many years.'' Mr.
Kadolph reported that he has driven straight trucks for 45 years,
accumulating 45,000 miles, tractor-trailer combinations for 24 years,
accumulating 120,000 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.
Jay D. May
Mr. May, 36, 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 2016, his optometrist stated, ``Jay's
vision is sufficient to drive a commercial vehicle.'' Mr. May reported
that he has driven straight trucks for 11 years, accumulating 5,500
miles, tractor-trailer combinations for 11 years, accumulating 495,000
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.
Tracy L. Neal
Mr. Neal, 49, has had optic atrophy in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/100, and in his left eye, 20/20. Following an examination in 2016,
his optometrist stated, ``It is my medical opinion that Mr. Neal has
sufficient vision to perform safe driving tasks required to operate a
commercial vehicle.'' Mr. Neal reported that he has driven tractor-
trailer combinations for 26 years, accumulating 2.6 million 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.
Edward P. Paloskey Jr.
Mr. Paloskey, 56, has retinal scar in his left eye due to an
electromagnetic foreign body in 1984. The visual acuity in his right
eye is 20/20, and in his left eye, 20/80. Following an examination in
2016, his optometrist stated, ``In my medical opinion, Edward P.
Paloskey Jr [sic] has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Paloskey reported that
he has driven straight trucks for 30 years, accumulating 4.2 million
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.
Jesse R. Parker
Mr. Parker, 44, has had amblyopia 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 2016, his optometrist stated, ``In my
medical opinion, Mr. Parker has sufficient vision to perform the
driving tasks assigned to him to operate a commercial vehicle.'' Mr.
Parker reported that he has driven tractor-trailer combinations for 16
years, accumulating 80,000 miles. He holds an operator's license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Christopher A. Stewart
Mr. Stewart, 57, has had amblyopia in his right eye since
childhood. 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
that Mr. Stewart does have sufficient vision to perform the driving
tasks required to operate a commercial motor vehicle. Mr. Stewart
reported that he has driven tractor-trailer combinations for 32 years,
accumulating 3.58 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.
Emejildo Vargas
Mr. Vargas, 28, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``Mr.
Vargas does meet the visual standards to drive legally and there is
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Vargas reported that he has driven straight
trucks for 4 years, accumulating 74,080 miles, and tractor-trailer
combinations for 2 years, accumulating 14,580 miles. He holds a Class A
CDL from Massachusetts. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
[[Page 70251]]
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-2016-0207 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-2016-0207 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: September 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24465 Filed 10-7-16; 8:45 am]
BILLING CODE 4910-EX-P