81_FR_21717 81 FR 21647 - Qualification of Drivers; Exemption Applications; Vision

81 FR 21647 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 70 (April 12, 2016)

Page Range21647-21649
FR Document2016-08358

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.

Federal Register, Volume 81 Issue 70 (Tuesday, April 12, 2016)
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21647-21649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08358]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0025]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

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 May 12, 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-2016-0025 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, [email protected], 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

Jose R. Arroyo

    Mr. Arroyo, 46, has had corneal opacity in his 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 2015, his 
optometrist stated, ``He had no color defects and in my medical opinion 
he is able to safely operate a commercial vehicle based in [sic] his 
vision.'' Mr. Arroyo reported that he has driven straight trucks for 12 
years, accumulating 540,000 miles. He holds a Class C operator's 
license from California. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Ronald H. Carey

    Mr. Carey, 54, has had decreased vision in his right eye since 
2011. The visual acuity in his right eye is 20/200, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``In my medical opinion Ronald has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Carey 
reported that he has driven straight trucks for 2 years, accumulating 
150,000 miles and tractor-trailer combinations for 27 years, 
accumulating 1.65 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.

Valentin S. Chernyy

    Mr. Chernyy, 51, has complete loss of vision in his left eye due to 
a traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2015, his optometrist stated, ``This certifies in my medical opinion 
that Valentin Chernyy has sufficient vision in his right eye to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Chernyy reported that he has driven straight trucks for 14 years, 
accumulating 980,000 miles. He holds a Class O operator's license from 
Nebraska. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Danny R. Floyd

    Mr. Floyd, 56, has had optic atrophy in his right eye since 2012 
due to a traumatic incident. 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

[[Page 21648]]

stated, ``In my medical opinion, Mr. Floyd's condition is stable and he 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Floyd reported that he has driven tractor-
trailer combinations for 30 years, accumulating 2.34 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.

Claudia E. Gerez-Bentacourt

    Ms. Gerez-Bentancourt, 39, has had amblyopia in her right eye since 
childhood. The visual acuity in her right eye is 20/200, and in her 
left eye, 20/25. Following an examination in 2015, her ophthalmologist 
stated, ``She was diagnosed with Amblyopia of right eye . . . She is 
able to perform all driving tasks that [sic] required by commercial 
vehicle.'' Ms. Gerez-Bentacourt reported that she has driven tractor-
trailer combinations for 6 years, accumulating 420,000 miles. She holds 
a Class A CDL from Texas. Her driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Andy R. Junod

    Mr. Junod, 62, has had a macular scar in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/15. Following an examination in 2016, his ophthalmologist 
stated, ``I certify that the visual deficiency of this gentleman is 
stable and that in my medical opinion, based on the eye exam and his 
driving record which he verbally gives [sic] to me, that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Junod reported that he has driven straight 
trucks for 5 years, accumulating 120,000 miles and tractor-trailer 
combinations for 34 years, accumulating 3.74 million miles. He holds a 
Class AM CDL from Texas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Roger W. Kerns III

    Mr. Kerns, 22, 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, ``In my 
medical opinion, Roger W. Kerns III has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Kerns 
reported that he has driven straight trucks for 2 years, accumulating 
1,000 miles and tractor-trailer combinations for 2 years, accumulating 
200,000 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.

Gary C. Maxwell

    Mr. Maxwell, 73, has had a pigment epithelia detachment in his left 
eye in 2000. The visual acuity in his right eye is 20/25, and in his 
left eye, 20/70. Following an examination in 2015, his ophthalmologist 
stated, ``He has a history of an epiretinal membrane and pigment 
epithelial detachment of his left eye. He has been driving a commercial 
vehicle without difficulty for many years, and I feel that he can 
safely continue to do so without any concerns.'' Mr. Maxwell reported 
that he has driven straight trucks for 2 years, accumulating 80,000 
miles and tractor-trailer combinations for 40 years, accumulating 12 
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.

Scott A. Palmer

    Mr. Palmer, 46, 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/
300. Following an examination in 2015, his optometrist stated, ``In my 
medical opinion, Scott Palmer has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Palmer 
reported that he has driven straight trucks for 20 years, accumulating 
800,000 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.

Richard G. Roberts

    Mr. Roberts, 82, has had macular degeneration in his right eye 
since 2008. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2015, his ophthalmologist 
stated, ``The patient has been able to operate commercial vehicles 
safely for many years, including the last seven years after being 
treated for macular degeneration. There has been no worsening in that 
time, so I believe that patient can continue to operative [sic] the 
same types of vehicles at this time and for the foreseeable future.'' 
Mr. Roberts reported that he has driven straight trucks for 18 years, 
accumulating 140,400 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.

Michael R. Tipton

    Mr. Tipton, 61, has had macular atrophy in his left eye since 
childhood. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/200. Following an examination in 2015, his optometrist stated, 
``In summery Mr. Tipton in my opinion is more than able to meet the 
requirements visually for operation of a commercial vehicle.'' Mr. 
Tipton reported that he has driven tractor-trailer combinations for 15 
years, accumulating 20,500 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.

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-2016-0025 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.

[[Page 21649]]

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-2016-0025 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 5, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08358 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                   Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                             21647

                                                      Description of Relief Sought: This                    posted without change to http://                      II. Qualifications of Applicants
                                                    exemption request, if granted, would                    www.regulations.gov, including any
                                                                                                                                                                  Jose R. Arroyo
                                                    exempt the model SF50 airplane from                     personal information provided. Please
                                                    the 61-knot stall speed with critical ice               see the Privacy Act heading below for                    Mr. Arroyo, 46, has had corneal
                                                    accretions.                                             further information.                                  opacity in his right eye since childhood.
                                                    [FR Doc. 2016–08316 Filed 4–11–16; 8:45 am]               Docket: For access to the docket to                 The visual acuity in his right eye is no
                                                                                                            read background documents or                          light perception, and in his left eye, 20/
                                                    BILLING CODE 4910–13–P
                                                                                                            comments, go to http://                               20. Following an examination in 2015,
                                                                                                            www.regulations.gov at any time or                    his optometrist stated, ‘‘He had no color
                                                    DEPARTMENT OF TRANSPORTATION                            Room W12–140 on the ground level of                   defects and in my medical opinion he
                                                                                                            the West Building, 1200 New Jersey                    is able to safely operate a commercial
                                                    Federal Motor Carrier Safety                            Avenue SE., Washington, DC, between 9                 vehicle based in [sic] his vision.’’ Mr.
                                                    Administration                                          a.m. and 5 p.m., Monday through                       Arroyo reported that he has driven
                                                                                                            Friday, except Federal holidays. The                  straight trucks for 12 years,
                                                    [Docket No. FMCSA–2016–0025]                                                                                  accumulating 540,000 miles. He holds a
                                                                                                            FDMS is available 24 hours each day,
                                                                                                            365 days each year. If you want                       Class C operator’s license from
                                                    Qualification of Drivers; Exemption
                                                                                                            acknowledgment that we received your                  California. His driving record for the last
                                                    Applications; Vision
                                                                                                            comments, please include a self-                      3 years shows no crashes and no
                                                    AGENCY: Federal Motor Carrier Safety                    addressed, stamped envelope or                        convictions for moving violations in a
                                                    Administration (FMCSA), DOT.                            postcard or print the acknowledgement                 CMV.
                                                    ACTION: Notice of applications for                      page that appears after submitting                    Ronald H. Carey
                                                    exemptions; request for comments.                       comments on-line.
                                                                                                              Privacy Act: In accordance with 5                     Mr. Carey, 54, has had decreased
                                                    SUMMARY:   FMCSA announces receipt of                   U.S.C. 553(c), DOT solicits comments                  vision in his right eye since 2011. The
                                                    applications from 11 individuals for                    from the public to better inform its                  visual acuity in his right eye is 20/200,
                                                    exemption from the vision requirement                   rulemaking process. DOT posts these                   and in his left eye, 20/25. Following an
                                                    in the Federal Motor Carrier Safety                     comments, without edit, including any                 examination in 2016, his optometrist
                                                    Regulations. They are unable to meet                    personal information the commenter                    stated, ‘‘In my medical opinion Ronald
                                                    the vision requirement in one eye for                   provides, to www.regulations.gov, as                  has sufficient vision to perform the
                                                    various reasons. The exemptions will                    described in the system of records                    driving tasks required to operate a
                                                    enable these individuals to operate                     notice (DOT/ALL–14 FDMS), which can                   commercial vehicle.’’ Mr. Carey
                                                    commercial motor vehicles (CMVs) in                     be reviewed at www.dot.gov/privacy.                   reported that he has driven straight
                                                    interstate commerce without meeting                                                                           trucks for 2 years, accumulating 150,000
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    the prescribed vision requirement in                                                                          miles and tractor-trailer combinations
                                                                                                            Christine A. Hydock, Chief, Medical
                                                    one eye. If granted, the exemptions                                                                           for 27 years, accumulating 1.65 million
                                                                                                            Programs Division, (202) 366–4001,
                                                    would enable these individuals to                                                                             miles. He holds a Class AM CDL from
                                                                                                            fmcsamedical@dot.gov, FMCSA,
                                                    qualify as drivers of commercial motor                                                                        Pennsylvania. His driving record for the
                                                                                                            Department of Transportation, 1200
                                                    vehicles (CMVs) in interstate commerce.                                                                       last 3 years shows no crashes and no
                                                                                                            New Jersey Avenue SE., Room W64–
                                                    DATES: Comments must be received on
                                                                                                                                                                  convictions for moving violations in a
                                                                                                            113, Washington, DC 20590–0001.
                                                    or before May 12, 2016. All comments                                                                          CMV.
                                                                                                            Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    will be investigated by FMCSA. The                      Monday through Friday, except Federal                 Valentin S. Chernyy
                                                    exemptions will be issued the day after                 holidays. If you have questions                          Mr. Chernyy, 51, has complete loss of
                                                    the comment period closes.                              regarding viewing or submitting                       vision in his left eye due to a traumatic
                                                    ADDRESSES: You may submit comments                      material to the docket, contact Docket                incident in 1986. The visual acuity in
                                                    bearing the Federal Docket Management                   Services, telephone (202) 366–9826.                   his right eye is 20/20, and in his left eye,
                                                    System (FDMS) Docket No. FMCSA–                         SUPPLEMENTARY INFORMATION:                            no light perception. Following an
                                                    2016–0025 using any of the following                                                                          examination in 2015, his optometrist
                                                    methods:                                                I. Background
                                                                                                                                                                  stated, ‘‘This certifies in my medical
                                                      • Federal eRulemaking Portal: Go to                      Under 49 U.S.C. 31136(e) and 31315,                opinion that Valentin Chernyy has
                                                    http://www.regulations.gov. Follow the                  FMCSA may grant an exemption from                     sufficient vision in his right eye to
                                                    on-line instructions for submitting                     the Federal Motor Carrier Safety                      perform the driving tasks required to
                                                    comments.                                               Regulations for a 2-year period if it finds           operate a commercial vehicle.’’ Mr.
                                                      • Mail: Docket Management Facility;                   ‘‘such exemption would likely achieve a               Chernyy reported that he has driven
                                                    U.S. Department of Transportation, 1200                 level of safety that is equivalent to or              straight trucks for 14 years,
                                                    New Jersey Avenue SE., West Building                    greater than the level that would be                  accumulating 980,000 miles. He holds a
                                                    Ground Floor, Room W12–140,                             achieved absent such exemption.’’                     Class O operator’s license from
                                                    Washington, DC 20590–0001.                              FMCSA can renew exemptions at the                     Nebraska. His driving record for the last
                                                      • Hand Delivery: West Building                        end of each 2-year period. The 11                     3 years shows no crashes and no
                                                    Ground Floor, Room W12–140, 1200                        individuals listed in this notice have                convictions for moving violations in a
                                                    New Jersey Avenue SE., Washington,                      each requested such an exemption from
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  CMV.
                                                    DC, between 9 a.m. and 5 p.m., Monday                   the vision requirement in 49 CFR
                                                    through Friday, except Federal                          391.41(b)(10), which applies to drivers               Danny R. Floyd
                                                    Holidays.                                               of CMVs in interstate commerce.                          Mr. Floyd, 56, has had optic atrophy
                                                      • Fax: 1–202–493–2251.                                Accordingly, the Agency will evaluate                 in his right eye since 2012 due to a
                                                      Instructions: Each submission must                    the qualifications of each applicant to               traumatic incident. The visual acuity in
                                                    include the Agency name and the                         determine whether granting an                         his right eye is no light perception, and
                                                    docket numbers for this notice. Note                    exemption will achieve the required                   in his left eye, 20/20. Following an
                                                    that all comments received will be                      level of safety mandated by statute.                  examination in 2016, his optometrist


                                               VerDate Sep<11>2014   17:18 Apr 11, 2016   Jkt 238001   PO 00000   Frm 00115   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM   12APN1


                                                    21648                          Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices

                                                    stated, ‘‘In my medical opinion, Mr.                    combinations for 2 years, accumulating                convictions for moving violations in a
                                                    Floyd’s condition is stable and he has                  200,000 miles. He holds a Class A CDL                 CMV.
                                                    sufficient vision to perform the driving                from Iowa. His driving record for the
                                                                                                                                                                  Michael R. Tipton
                                                    tasks required to operate a commercial                  last 3 years shows no crashes and no
                                                    vehicle.’’ Mr. Floyd reported that he has               convictions for moving violations in a                   Mr. Tipton, 61, has had macular
                                                    driven tractor-trailer combinations for                 CMV.                                                  atrophy in his left eye since childhood.
                                                    30 years, accumulating 2.34 million                                                                           The visual acuity in his right eye is 20/
                                                                                                            Gary C. Maxwell
                                                    miles. He holds a Class A CDL from                                                                            30, and in his left eye, 20/200.
                                                    Ohio. His driving record for the last 3                    Mr. Maxwell, 73, has had a pigment                 Following an examination in 2015, his
                                                    years shows no crashes and no                           epithelia detachment in his left eye in
                                                                                                                                                                  optometrist stated, ‘‘In summery Mr.
                                                    convictions for moving violations in a                  2000. The visual acuity in his right eye
                                                                                                                                                                  Tipton in my opinion is more than able
                                                    CMV.                                                    is 20/25, and in his left eye, 20/70.
                                                                                                                                                                  to meet the requirements visually for
                                                                                                            Following an examination in 2015, his
                                                    Claudia E. Gerez-Bentacourt                                                                                   operation of a commercial vehicle.’’ Mr.
                                                                                                            ophthalmologist stated, ‘‘He has a
                                                                                                                                                                  Tipton reported that he has driven
                                                       Ms. Gerez-Bentancourt, 39, has had                   history of an epiretinal membrane and
                                                                                                                                                                  tractor-trailer combinations for 15 years,
                                                    amblyopia in her right eye since                        pigment epithelial detachment of his
                                                                                                                                                                  accumulating 20,500 miles. He holds a
                                                    childhood. The visual acuity in her right               left eye. He has been driving a
                                                                                                                                                                  Class A CDL from Illinois. His driving
                                                    eye is 20/200, and in her left eye, 20/                 commercial vehicle without difficulty
                                                                                                                                                                  record for the last 3 years shows no
                                                    25. Following an examination in 2015,                   for many years, and I feel that he can
                                                                                                            safely continue to do so without any                  crashes and no convictions for moving
                                                    her ophthalmologist stated, ‘‘She was
                                                    diagnosed with Amblyopia of right eye                   concerns.’’ Mr. Maxwell reported that                 violations in a CMV.
                                                    . . . She is able to perform all driving                he has driven straight trucks for 2 years,            III. Public Participation and Request for
                                                    tasks that [sic] required by commercial                 accumulating 80,000 miles and tractor-                Comments
                                                    vehicle.’’ Ms. Gerez-Bentacourt reported                trailer combinations for 40 years,
                                                    that she has driven tractor-trailer                     accumulating 12 million miles. He                       FMCSA encourages you to participate
                                                    combinations for 6 years, accumulating                  holds a Class A CDL from Ohio. His                    by submitting comments and related
                                                    420,000 miles. She holds a Class A CDL                  driving record for the last 3 years shows             materials.
                                                    from Texas. Her driving record for the                  no crashes and no convictions for                     Submitting Comments
                                                    last 3 years shows no crashes and no                    moving violations in a CMV.
                                                    convictions for moving violations in a                                                                           If you submit a comment, please
                                                                                                            Scott A. Palmer
                                                    CMV.                                                                                                          include the docket number for this
                                                                                                              Mr. Palmer, 46, has had amblyopia in                notice, indicate the specific section of
                                                    Andy R. Junod                                           his left eye since childhood. The visual              this document to which each comment
                                                       Mr. Junod, 62, has had a macular scar                acuity in his right eye is 20/20, and in              applies, and provide a reason for each
                                                    in his right eye since childhood. The                   his left eye, 20/300. Following an                    suggestion or recommendation. You
                                                    visual acuity in his right eye is 20/70,                examination in 2015, his optometrist                  may submit your comments and
                                                    and in his left eye, 20/15. Following an                stated, ‘‘In my medical opinion, Scott                material online or by fax, mail, or hand
                                                    examination in 2016, his                                Palmer has sufficient vision to perform               delivery, but please use only one of
                                                    ophthalmologist stated, ‘‘I certify that                the driving tasks required to operate a               these means. FMCSA recommends that
                                                    the visual deficiency of this gentleman                 commercial vehicle.’’ Mr. Palmer                      you include your name and a mailing
                                                    is stable and that in my medical                        reported that he has driven straight                  address, an email address, or a phone
                                                    opinion, based on the eye exam and his                  trucks for 20 years, accumulating                     number in the body of your document
                                                    driving record which he verbally gives                  800,000 miles. He holds a Class B CDL                 so the Agency can contact you if it has
                                                    [sic] to me, that he has sufficient vision              from New York. His driving record for                 questions regarding your submission.
                                                    to perform the driving tasks required to                the last 3 years shows no crashes and no
                                                                                                                                                                     To submit your comment online, go to
                                                    operate a commercial vehicle.’’ Mr.                     convictions for moving violations in a
                                                                                                                                                                  http://www.regulations.gov and put the
                                                    Junod reported that he has driven                       CMV.
                                                                                                                                                                  docket number FMCSA–2016–0025 in
                                                    straight trucks for 5 years, accumulating
                                                                                                            Richard G. Roberts                                    the ‘‘Keyword’’ box, and click ‘‘Search.’’
                                                    120,000 miles and tractor-trailer
                                                                                                              Mr. Roberts, 82, has had macular                    When the new screen appears, click on
                                                    combinations for 34 years, accumulating
                                                                                                            degeneration in his right eye since 2008.             ‘‘Comment Now!’’ button and type your
                                                    3.74 million miles. He holds a Class AM
                                                                                                            The visual acuity in his right eye is 20/             comment into the text box in the
                                                    CDL from Texas. His driving record for
                                                                                                            200, and in his left eye, 20/25.                      following screen. Choose whether you
                                                    the last 3 years shows no crashes and no
                                                                                                            Following an examination in 2015, his                 are submitting your comment as an
                                                    convictions for moving violations in a
                                                                                                            ophthalmologist stated, ‘‘The patient                 individual or on behalf of a third party
                                                    CMV.
                                                                                                            has been able to operate commercial                   and then submit. If you submit your
                                                    Roger W. Kerns III                                      vehicles safely for many years,                       comments by mail or hand delivery,
                                                       Mr. Kerns, 22, has had amblyopia in                  including the last seven years after                  submit them in an unbound format, no
                                                    his right eye since childhood. The                      being treated for macular degeneration.               larger than 81⁄2 by 11 inches, suitable for
                                                    visual acuity in his right eye is 20/200,               There has been no worsening in that                   copying and electronic filing. If you
                                                    and in his left eye, 20/20. Following an                time, so I believe that patient can                   submit comments by mail and would
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    examination in 2016 his optometrist                     continue to operative [sic] the same                  like to know that they reached the
                                                    stated, ‘‘In my medical opinion, Roger                  types of vehicles at this time and for the            facility, please enclose a stamped, self-
                                                    W. Kerns III has sufficient vision to                   foreseeable future.’’ Mr. Roberts                     addressed postcard or envelope.
                                                    perform the driving tasks required to                   reported that he has driven straight                     FMCSA will consider all comments
                                                    operate a commercial vehicle.’’ Mr.                     trucks for 18 years, accumulating                     and material received during the
                                                    Kerns reported that he has driven                       140,400 miles. He holds a Class A CDL                 comment period. FMCSA may issue a
                                                    straight trucks for 2 years, accumulating               from California. His driving record for               final determination at any time after the
                                                    1,000 miles and tractor-trailer                         the last 3 years shows no crashes and no              close of the comment period.


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                                                                                   Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                            21649

                                                    Viewing Comments and Documents                          New Jersey Avenue SE., Washington,                    in 49 CFR 391.41(b) (3), which applies
                                                       To view comments, as well as                         DC, between 9 a.m. and 5 p.m., Monday                 to drivers of CMVs in interstate
                                                    documents mentioned in this preamble                    through Friday, except Federal                        commerce. Accordingly, the Agency
                                                    as being available in the docket, go to                 Holidays.                                             will evaluate the qualifications of each
                                                    http://www.regulations.gov and insert                     • Fax: 1–202–493–2251.                              applicant to determine whether granting
                                                    the docket number FMCSA–2016–0025                          Instructions: Each submission must                 the exemption will achieve the required
                                                    in the ‘‘Keyword’’ box and click                        include the Agency name and the                       level of safety mandated by statute.
                                                    ‘‘Search.’’ Next, click ‘‘Open Docket                   docket numbers for this notice. Note
                                                                                                                                                                  II. Qualifications of Applicants
                                                    Folder’’ button and choose the                          that all comments received will be
                                                    document listed to review. If you do not                posted without change to http://                      William M. Adams
                                                    have access to the Internet, you may                    www.regulations.gov, including any                      Mr. Adams, 50, has had ITDM since
                                                    view the docket online by visiting the                  personal information provided. Please                 2009. His endocrinologist examined him
                                                    Docket Management Facility in Room                      see the Privacy Act heading below for                 in 2016 and certified that he has had no
                                                    W12–140 on the ground floor of the                      further information.                                  severe hypoglycemic reactions resulting
                                                                                                               Docket: For access to the docket to
                                                    DOT West Building, 1200 New Jersey                                                                            in loss of consciousness, requiring the
                                                                                                            read background documents or
                                                    Avenue SE., Washington, DC 20590,                                                                             assistance of another person, or
                                                                                                            comments, go to http://
                                                    between 9 a.m. and 5 p.m., e.t., Monday                                                                       resulting in impaired cognitive function
                                                                                                            www.regulations.gov at any time or
                                                    through Friday, except Federal holidays.                                                                      that occurred without warning in the
                                                                                                            Room W12–140 on the ground level of
                                                      Issued on: April 5, 2016.                                                                                   past 12 months and no recurrent (2 or
                                                                                                            the West Building, 1200 New Jersey
                                                    Larry W. Minor,
                                                                                                                                                                  more) severe hypoglycemic episodes in
                                                                                                            Avenue SE., Washington, DC, between 9
                                                                                                                                                                  the last 5 years. His endocrinologist
                                                    Associate Administrator for Policy.                     a.m. and 5 p.m., Monday through
                                                                                                                                                                  certifies that Mr. Adams understands
                                                    [FR Doc. 2016–08358 Filed 4–11–16; 8:45 am]             Friday, except Federal holidays. The
                                                                                                                                                                  diabetes management and monitoring,
                                                    BILLING CODE 4910–EX–P                                  Federal Docket Management System
                                                                                                                                                                  has stable control of his diabetes using
                                                                                                            (FDMS) is available 24 hours each day,
                                                                                                                                                                  insulin, and is able to drive a CMV
                                                                                                            365 days each year. If you want
                                                                                                                                                                  safely. Mr. Adams meets the
                                                    DEPARTMENT OF TRANSPORTATION                            acknowledgment that we received your
                                                                                                                                                                  requirements of the vision standard at
                                                                                                            comments, please include a self-
                                                    Federal Motor Carrier Safety                                                                                  49 CFR 391.41(b)(10). His optometrist
                                                                                                            addressed, stamped envelope or
                                                    Administration                                                                                                examined him in 2015 and certified that
                                                                                                            postcard or print the acknowledgement
                                                                                                                                                                  he does not have diabetic retinopathy.
                                                    [Docket No. FMCSA–2016–0035]                            page that appears after submitting
                                                                                                                                                                  He holds a Class A CDL from South
                                                                                                            comments on-line.
                                                                                                                                                                  Carolina.
                                                    Qualification of Drivers; Exemption                        Privacy Act: In accordance with 5
                                                    Applications; Diabetes Mellitus                         U.S.C. 553(c), DOT solicits comments                  Gerald L. Beideck
                                                                                                            from the public to better inform its                    Mr. Beideck, 67, has had ITDM since
                                                    AGENCY: Federal Motor Carrier Safety                    rulemaking process. DOT posts these
                                                    Administration (FMCSA), DOT.                                                                                  1985. His endocrinologist examined him
                                                                                                            comments, without edit, including any                 in 2015 and certified that he has had no
                                                    ACTION: Notice of applications for                      personal information the commenter                    severe hypoglycemic reactions resulting
                                                    exemptions; request for comments.                       provides, to www.regulations.gov, as                  in loss of consciousness, requiring the
                                                                                                            described in the system of records                    assistance of another person, or
                                                    SUMMARY:   FMCSA announces receipt of                   notice (DOT/ALL–14 FDMS), which can
                                                    applications from 46 individuals for                                                                          resulting in impaired cognitive function
                                                                                                            be reviewed at www.dot.gov/privacy.                   that occurred without warning in the
                                                    exemption from the prohibition against
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      past 12 months and no recurrent (2 or
                                                    persons with insulin-treated diabetes
                                                                                                            Christine A. Hydock, Chief, Medical                   more) severe hypoglycemic episodes in
                                                    mellitus (ITDM) operating commercial
                                                                                                            Programs Division, (202) 366–4001,                    the last 5 years. His endocrinologist
                                                    motor vehicles (CMVs) in interstate
                                                                                                            fmcsamedical@dot.gov, FMCSA,                          certifies that Mr. Beideck understands
                                                    commerce. If granted, the exemptions
                                                                                                            Department of Transportation, 1200                    diabetes management and monitoring,
                                                    would enable these individuals with
                                                                                                            New Jersey Avenue SE, Room W64–113,                   has stable control of his diabetes using
                                                    ITDM to operate CMVs in interstate
                                                                                                            Washington, DC 20590–0001. Office                     insulin, and is able to drive a CMV
                                                    commerce.
                                                                                                            hours are 8:30 a.m. to 5 p.m., e.t.,                  safely. Mr. Beideck meets the
                                                    DATES: Comments must be received on                     Monday through Friday, except Federal                 requirements of the vision standard at
                                                    or before May 12, 2016.                                 holidays.                                             49 CFR 391.41(b)(10). His
                                                    ADDRESSES: You may submit comments                      SUPPLEMENTARY INFORMATION:                            ophthalmologist examined him in 2015
                                                    bearing the Federal Docket Management                                                                         and certified that he does not have
                                                    System (FDMS) Docket No. FMCSA–                         I. Background
                                                                                                                                                                  diabetic retinopathy. He holds an
                                                    2016–0035 using any of the following                       Under 49 U.S.C. 31136(e) and 31315,                operator’s license from Oregon.
                                                    methods:                                                FMCSA may grant an exemption from
                                                      • Federal eRulemaking Portal: Go to                   the Federal Motor Carrier Safety                      John J. Bizanos
                                                    http://www.regulations.gov. Follow the                  Regulations for a 2-year period if it finds             Mr. Bizanos, 54, has had ITDM since
                                                    on-line instructions for submitting                     ‘‘such exemption would likely achieve a               2012. His endocrinologist examined him
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    comments.                                               level of safety that is equivalent to or              in 2015 and certified that he has had no
                                                      • Mail: Docket Management Facility;                   greater than the level that would be                  severe hypoglycemic reactions resulting
                                                    U.S. Department of Transportation, 1200                 achieved absent such exemption.’’ The                 in loss of consciousness, requiring the
                                                    New Jersey Avenue SE., West Building                    statute also allows the Agency to renew               assistance of another person, or
                                                    Ground Floor, Room W12–140,                             exemptions at the end of the 2-year                   resulting in impaired cognitive function
                                                    Washington, DC 20590–0001.                              period. The 46 individuals listed in this             that occurred without warning in the
                                                      • Hand Delivery: West Building                        notice have recently requested such an                past 12 months and no recurrent (2 or
                                                    Ground Floor, Room W12–140, 1200                        exemption from the diabetes prohibition               more) severe hypoglycemic episodes in


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Document Created: 2016-04-12 00:47:12
Document Modified: 2016-04-12 00:47:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before May 12, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
ContactChristine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], 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.
FR Citation81 FR 21647 

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