81_FR_21725 81 FR 21655 - Qualification of Drivers; Exemption Applications; Vision

81 FR 21655 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range21655-21659
FR Document2016-08354

FMCSA announces receipt of applications from 25 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 21655-21659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08354]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0024]


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 25 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-2016-0024 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

[[Page 21656]]

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 25 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

Stanley W. Ahne

    Mr. Ahne, 56, tore the iris in his right eye in childhood due to a 
traumatic incident. The visual acuity in his right eye is 20/400, and 
in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``I believe that Mr. Ahne does have sufficient 
vision to drive a commercial vehical [sic] safely.'' Mr. Ahne reported 
that he has driven straight trucks for 10 years, accumulating 100,000 
miles and tractor-trailer combinations for 10 years, accumulating 1 
million miles. He holds a Class A CDL from Oklahoma. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Marvin D. Bass

    Mr. Bass, 56, has been blind in his right eye since 2008 due to a 
traumatic incident. The visual acuity in his right eye is hand motion, 
and in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``In my medical opinion, Mr. Bass has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bass reported that he has driven straight trucks for 20 
years, accumulating 700,000 miles. He holds an operator's license from 
Kentucky. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Daniel L. Castonguay

    Mr. Castonguay, 54, has had macular degeneration in his left eye 
since 2012. 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 opinion that Daniel Castonguay has stable vision at 
this time and has sufficient vision to drive a commercial vehicle as he 
has done for the last 22 years.'' Mr. Castonguay reported that he has 
driven straight trucks for 5 years, accumulating 250,000 miles and 
tractor-trailer combinations for 25 years, accumulating 1.5 million 
miles. He holds a Class A CDL from Maine. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

William A. Crandall, Jr.

    Mr. Crandall, 31, has refractive amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/60, and in his left 
eye, 20/15. Following an examination in 2016, his optometrist stated, 
``It is my opinion that Mr. Crandal [sic] has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Crandall reported that he has driven straight trucks for 5 years, 
accumulating 100,000 miles. He holds an operator's license from New 
York. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

James T. Curtis

    Mr. Curtis, 55, has had ischemic optic neuropathy in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, light perception. Following an examination in 2016, his 
optometrist stated, ``He has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Curtis reported 
that he has driven straight trucks for 17 years, accumulating 70,000 
miles and tractor-trailer combinations for 17 years, accumulating 1,000 
miles. He holds a Class A CDL from New Mexico. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Jacob M. Dellinger

    Mr. Dellinger, 60, had a branch retinal vein occlusion in his left 
eye in 2011. 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, with his right eye correction to 20/20 
and his full temporal peripheral fields, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dellinger reported that he has driven straight trucks for 41 years, 
accumulating 410,000 miles and tractor-trailer combinations for 41 
years, accumulating 123,000 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.

Mark E. Dow

    Mr. Dow, 51, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/70, and in his left eye, 20/20. 
Following an examination in 2016, his optometrist stated, ``In my 
opinion Mr. Dow has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Dow reported that he 
has driven straight trucks for 30 years, accumulating 1.05 million 
miles and tractor-trailer combinations for 30 years, accumulating 
150,000 miles. He holds a Class A CDL from Vermont. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

[[Page 21657]]

Richard R. Filion

    Mr. Filion, 68, is blind in his left eye due to a traumatic 
incident in 2011. 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, ``If there is an allowance or waiver given for 
monocular status then Mr. Filion would meet requirements for commercial 
driving.'' Mr. Filion reported that he has driven straight trucks for 
25 years, accumulating 500,000 miles and tractor-trailer combinations 
for 8 years, accumulating 560,000 miles. He holds a Class A CDL from 
Vermont. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Louis J. Floquet Jr.

    Mr. Floquet, 31, has had Morning Glory Syndrome in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, light perception. Following an examination in 2015, his 
optometrist stated, ``Based on these tests, Louis has sufficient vison 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Floquet reported that he has driven straight trucks for 
15 years, accumulating 150,000 miles. He holds an 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.

Joshua V. Harrison

    Mr. Harrison, 67, has had a corneal scar in his left eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/80. Following an examination in 2015, his ophthalmologist 
stated, ``Left eye poor vision is long-standing, right eye meets 
standards . . . for CDL.'' Mr. Harrison reported that he has driven 
straight trucks for 45 years, accumulating 450,000 miles. He holds a 
Class A CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jason G. Joyner

    Mr. Joyner, 38, has had strabismic 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, 
``I believe pt [sic] has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Joyner reported that he 
has driven straight trucks for 4 years, accumulating 150,000 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.

Thomas M. Kaley, Jr.

    Mr. Kaley, 43, is blind in his left eye due to a traumatic incident 
in childhood. The visual acuity in his right eye is 20/20, and in his 
left eye, no light perception. Following an examination in 2015, his 
optometrist stated, ``I see no reason that he should be denied a 
license as I believe that he has sufficient vision to operate a 
commercial vehicle.'' Mr. Kaley reported that he has driven straight 
trucks for 25 years, accumulating 750,000 miles. He holds an operator's 
license from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

William J. Krysinski

    Mr. Krysinski, 56, has had optic atrophy in his left eye since 
2012. The visual acuity in his right eye is 20/20, and in his left eye, 
hand motion. Following an examination in 2015, his optometrist stated, 
``I believe he can continue to safely operate his commercial motor 
vehicle for interstate driving without any restrictions.'' Mr. 
Krysinski reported that he has driven tractor-trailer combinations for 
35 years, accumulating 2.3 million miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Bradley K. Linde

    Mr. Linde, 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/
400. Following an examination in 2015, his optometrist stated, ``In my 
professional opinion of his vision, Mr. Linde is qualified to perform 
all duties expected for operating a commercial vehicle.'' Mr. Linde 
reported that he has driven tractor-trailer combinations for 21 years, 
accumulating 10,500 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.

Pedro Martinez

    Mr. Martinez, 55, has had a choroidal macular scar in his left eye 
since 1985. The visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2015, his 
optometrist stated, ``In my medical opinion, he has sufficient vision 
centrally OD and Peripherally [sic] OU to operate a commercial vehical 
[sic].'' Mr. Martinez reported that he has driven straight trucks for 
10 years, accumulating 5,200 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.

Ty N. Mason

    Mr. Mason, 51, has been blind in his left eye due to a retinal 
detachment in 2003. 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, ``Patient has sufficient visual acuity and VF 
[sic] for CDL license.'' Mr. Mason reported that he has driven straight 
trucks for 2 years, accumulating 75,000 miles and tractor-trailer 
combinations for 16 years, accumulating 6.53 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.

Ralph A. Milliman

    Mr. Milliman, 63, has had an incomplete macular formation 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 2015, his 
optometrist stated, ``It is my opinion that Mr. Milliman's exceptional 
vision in his right eye allows him to compensate for his lack of visual 
acuity in his left eye and leads me to believe he has sufficient vision 
to perform all commercial driving tasks.'' Mr. Milliman reported that 
he has driven straight trucks for 24 years, accumulating 1.92 million 
miles and tractor-trailer combinations for 33 years, accumulating 3.47 
million miles. He holds an operator's license from Illinois. His 
driving record for the last 3 years shows no crashes and 1 conviction 
for a moving violation in a CMV; he operated in an improper traffic 
lane.

Donald A. Orloski

    Mr. Orloski, 69, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/150. 
Following an examination in 2015, his optometrist stated, ``Mr. 
Orloski's visual condition is stable. I find no medical reason to 
prevent Donald Orloski from safely operating a commercial vehicle.'' 
Mr. Orloski reported that he has driven straight trucks for 37 years, 
accumulating 592,000 miles and tractor-trailer combinations for 37 
years, accumulating 37,000 miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

[[Page 21658]]

Alan R. Piroso

    Mr. Piroso, 60, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/400. 
Following an examination in 2015, his ophthalmologist stated, ``Alan 
Piroso has been driving for many years without a problem and I believe 
he should be able to renew his CDL license based on his eye 
examination.'' Mr. Piroso reported that he has driven straight trucks 
for 31 years, accumulating 930,000 miles and tractor-trailer 
combinations for 6 years, accumulating 30,000 miles. He holds a Class 
AMC CDL from New Hampshire. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Juan C. Ramirez

    Mr. Ramirez, 31, has had exotropia with amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/30, and in 
his left eye, 20/100. Following an examination in 2015, his optometrist 
stated, ``I believe Mr. Ramirez should be considered for [sic] federal 
vision exemption to operate a CMV in interstate commerce.'' Mr. Ramirez 
reported that he has driven straight trucks for 6 years, accumulating 
600,000 miles and tractor-trailer combinations for 2 years, 
accumulating 120,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Erik J. Rowland

    Mr. Rowland, 35, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is hand motion, and in his left eye, 
20/15. Following an examination in 2015, his ophthalmologist stated, 
``It is my opinion that Mr. Rowland is able to operate a commercial 
vehicle, as his vision has remained stable, and he has operate [sic] a 
commercial vehicle for the past several years.'' Mr. Rowland reported 
that he has driven straight trucks for 17 years, accumulating 340,000 
miles and tractor-trailer combinations for 2 years, accumulating 10,000 
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.

Colby T. Smith

    Mr. Smith, 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/
400. Following an examination in 2015, his optometrist stated, ``In my 
opinion, Colby has more than adequate vision to perform all driving 
tasks required to operate a commercial vehicle.'' Mr. Smith reported 
that he has driven straight trucks for 10 years, accumulating 120,000 
miles. He holds a Class D operator's license from Utah. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Carl J. Warnecke

    Mr. Warnecke, 55, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2015, his ophthalmologist 
stated, ``I think that he does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle, according to 
their guidelines.'' Mr. Warnecke reported that he has driven straight 
trucks for 35 years, accumulating 210,000 miles and tractor-trailer 
combinations for 35 years, accumulating 35,000 miles. He holds a Class 
A CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Edwin E. West

    Mr. West, 55, has had a macular scar in his right eye due to a 
retinal hemorrhage in 2004. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``I certify that Ed West has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. West reported that he has driven straight trucks for 37 years, 
accumulating 185,000 miles and tractor-trailer combinations for 37 
years, accumulating 185,000 miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Donald E. Wojtaszek

    Mr. Wojtaszek, 62, 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, 
``I hereby certify that in my medical opinion, this individual has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Wojtaszek reported that he has driven 
straight trucks for 42 years, accumulating 84,000. He holds a Class C 
license from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2016-0024 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-2016-0024 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.


[[Page 21659]]


    Issued on: April 5, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08354 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                    Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                                21655

                                                    Donald L. Yamauchi                                       required of all exemptions granted                     Issued on: April 5, 2016.
                                                      Mr. Yamauchi, 43, has had ITDM                         under 49 U.S.C. 31136(e).                            Larry W. Minor,
                                                    since 2015. His endocrinologist                            Section 4129(d) also directed FMCSA                Associate Administrator for Policy.
                                                    examined him in 2016 and certified that                  to ensure that drivers of CMVs with                  [FR Doc. 2016–08355 Filed 4–11–16; 8:45 am]
                                                    he has had no severe hypoglycemic                        ITDM are not held to a higher standard               BILLING CODE 4910–EX–P
                                                    reactions resulting in loss of                           than other drivers, with the exception of
                                                    consciousness, requiring the assistance                  limited operating, monitoring and
                                                    of another person, or resulting in                       medical requirements that are deemed                 DEPARTMENT OF TRANSPORTATION
                                                    impaired cognitive function that                         medically necessary.
                                                    occurred without warning in the past 12                                                                       Federal Motor Carrier Safety
                                                                                                               The FMCSA concluded that all of the
                                                    months and no recurrent (2 or more)                                                                           Administration
                                                                                                             operating, monitoring and medical
                                                    severe hypoglycemic episodes in the                      requirements set out in the September 3,             [Docket No. FMCSA–2016–0024]
                                                    last 5 years. His endocrinologist certifies              2003 notice, except as modified, were in
                                                    that Mr. Yamauchi understands diabetes                   compliance with section 4129(d).                     Qualification of Drivers; Exemption
                                                    management and monitoring, has stable                    Therefore, all of the requirements set               Applications; Vision
                                                    control of his diabetes using insulin,                   out in the September 3, 2003 notice,                 AGENCY: Federal Motor Carrier Safety
                                                    and is able to drive a CMV safely. Mr.                   except as modified by the notice in the              Administration (FMCSA), DOT.
                                                    Yamauchi meets the requirements of the                   Federal Register on November 8, 2005
                                                    vision standard at 49 CFR 391.41(b)(10).                                                                      ACTION: Notice of applications for
                                                                                                             (70 FR 67777), remain in effect.
                                                    His optometrist examined him in 2016                                                                          exemptions; request for comments.
                                                    and certified that he does not have                      IV. Submitting Comments
                                                                                                                                                                  SUMMARY:   FMCSA announces receipt of
                                                    diabetic retinopathy. He holds a Class A                    You may submit your comments and                  applications from 25 individuals for
                                                    CDL from Minnesota.                                      material online or by fax, mail, or hand             exemption from the vision requirement
                                                    III. Request for Comments                                delivery, but please use only one of                 in the Federal Motor Carrier Safety
                                                                                                             these means. FMCSA recommends that                   Regulations. They are unable to meet
                                                       In accordance with 49 U.S.C. 31136(e)                 you include your name and a mailing
                                                    and 31315, FMCSA requests public                                                                              the vision requirement in one eye for
                                                                                                             address, an email address, or a phone                various reasons. The exemptions will
                                                    comment from all interested persons on                   number in the body of your document
                                                    the exemption petitions described in                                                                          enable these individuals to operate
                                                                                                             so that FMCSA can contact you if there               commercial motor vehicles (CMVs) in
                                                    this notice. We will consider all                        are questions regarding your
                                                    comments received before the close of                                                                         interstate commerce without meeting
                                                                                                             submission.                                          the prescribed vision requirement in
                                                    business on the closing date indicated
                                                    in the date section of the notice.                          To submit your comment online, go to              one eye. If granted, the exemptions
                                                       FMCSA notes that section 4129 of the                  http://www.regulations.gov and in the                would enable these individuals to
                                                    Safe, Accountable, Flexible and                          search box insert the docket number                  qualify as drivers of commercial motor
                                                    Efficient Transportation Equity Act: A                   FMCSA–2016–0035 and click the search                 vehicles (CMVs) in interstate commerce.
                                                    Legacy for Users requires the Secretary                  button. When the new screen appears,                 DATES: Comments must be received on
                                                    to revise its diabetes exemption program                 click on the blue ‘‘Comment Now!’’                   or before May 12, 2016. All comments
                                                    established on September 3, 2003 (68 FR                  button on the right hand side of the                 will be investigated by FMCSA. The
                                                    52441).1 The revision must provide for                   page. On the new page, enter                         exemptions will be issued the day after
                                                    individual assessment of drivers with                    information required including the                   the comment period closes.
                                                    diabetes mellitus, and be consistent                     specific section of this document to                 ADDRESSES: You may submit comments
                                                    with the criteria described in section                   which each comment applies, and                      bearing the Federal Docket Management
                                                    4018 of the Transportation Equity Act                    provide a reason for each suggestion or              System (FDMS) Docket No. FMCSA–
                                                    for the 21st Century (49 U.S.C. 31305).                  recommendation. If you submit your                   2016–0024 using any of the following
                                                       Section 4129 requires: (1) Elimination                comments by mail or hand delivery,                   methods:
                                                    of the requirement for 3 years of                        submit them in an unbound format, no                   • Federal eRulemaking Portal: Go to
                                                    experience operating CMVs while being                    larger than 81⁄2 by 11 inches, suitable for          http://www.regulations.gov. Follow the
                                                    treated with insulin; and (2)                            copying and electronic filing. If you                on-line instructions for submitting
                                                    establishment of a specified minimum                     submit comments by mail and would                    comments.
                                                    period of insulin use to demonstrate                     like to know that they reached the                     • Mail: Docket Management Facility;
                                                    stable control of diabetes before being                  facility, please enclose a stamped, self-            U.S. Department of Transportation, 1200
                                                    allowed to operate a CMV.                                addressed postcard or envelope.                      New Jersey Avenue SE., West Building
                                                       In response to section 4129, FMCSA                       We will consider all comments and                 Ground Floor, Room W12–140,
                                                    made immediate revisions to the                          material received during the comment                 Washington, DC 20590–0001.
                                                    diabetes exemption program established                   period. FMCSA may issue a final                        • Hand Delivery: West Building
                                                    by the September 3, 2003 notice.                         determination at any time after the close            Ground Floor, Room W12–140, 1200
                                                    FMCSA discontinued use of the 3-year                     of the comment period.                               New Jersey Avenue SE., Washington,
                                                    driving experience and fulfilled the                                                                          DC, between 9 a.m. and 5 p.m., Monday
                                                                                                             V. Viewing Comments and Documents
                                                    requirements of section 4129 while                                                                            through Friday, except Federal
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    continuing to ensure that operation of                     To view comments, as well as any                   Holidays.
                                                    CMVs by drivers with ITDM will                           documents mentioned in this preamble,                  • Fax: 1–202–493–2251.
                                                    achieve the requisite level of safety                    go to http://www.regulations.gov and in                Instructions: Each submission must
                                                                                                             the search box insert the docket number              include the Agency name and the
                                                       1 Section 4129(a) refers to the 2003 notice as a
                                                                                                             FMCSA–2016–0035 and click ‘‘Search.’’                docket numbers for this notice. Note
                                                    ‘‘final rule.’’ However, the 2003 notice did not issue
                                                    a ‘‘final rule’’ but did establish the procedures and
                                                                                                             Next, click ‘‘Open Docket Folder’’ and               that all comments received will be
                                                    standards for issuing exemptions for drivers with        you will find all documents and                      posted without change to http://
                                                    ITDM.                                                    comments related to this notice.                     www.regulations.gov, including any


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                                                    21656                          Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices

                                                    personal information provided. Please                   II. Qualifications of Applicants                      required to operate a commercial
                                                    see the Privacy Act heading below for                                                                         vehicle.’’ Mr. Crandall reported that he
                                                                                                            Stanley W. Ahne
                                                    further information.                                                                                          has driven straight trucks for 5 years,
                                                                                                               Mr. Ahne, 56, tore the iris in his right           accumulating 100,000 miles. He holds
                                                       Docket: For access to the docket to
                                                                                                            eye in childhood due to a traumatic                   an operator’s license from New York.
                                                    read background documents or                            incident. The visual acuity in his right
                                                    comments, go to http://                                                                                       His driving record for the last 3 years
                                                                                                            eye is 20/400, and in his left eye, 20/20.            shows no crashes and no convictions for
                                                    www.regulations.gov at any time or                      Following an examination in 2015, his                 moving violations in a CMV.
                                                    Room W12–140 on the ground level of                     optometrist stated, ‘‘I believe that Mr.
                                                    the West Building, 1200 New Jersey                      Ahne does have sufficient vision to                   James T. Curtis
                                                    Avenue SE., Washington, DC, between 9                   drive a commercial vehical [sic] safely.’’               Mr. Curtis, 55, has had ischemic optic
                                                    a.m. and 5 p.m., Monday through                         Mr. Ahne reported that he has driven                  neuropathy in his left eye since birth.
                                                    Friday, except Federal holidays. The                    straight trucks for 10 years,                         The visual acuity in his right eye is 20/
                                                    FDMS is available 24 hours each day,                    accumulating 100,000 miles and tractor-               20, and in his left eye, light perception.
                                                    365 days each year. If you want                         trailer combinations for 10 years,                    Following an examination in 2016, his
                                                    acknowledgment that we received your                    accumulating 1 million miles. He holds                optometrist stated, ‘‘He has sufficient
                                                    comments, please include a self-                        a Class A CDL from Oklahoma. His                      vision to perform the driving tasks
                                                    addressed, stamped envelope or                          driving record for the last 3 years shows             required to operate a commercial
                                                    postcard or print the acknowledgement                   no crashes and no convictions for                     vehicle.’’ Mr. Curtis reported that he has
                                                    page that appears after submitting                      moving violations in a CMV.                           driven straight trucks for 17 years,
                                                    comments on-line.                                                                                             accumulating 70,000 miles and tractor-
                                                                                                            Marvin D. Bass                                        trailer combinations for 17 years,
                                                       Privacy Act: In accordance with 5
                                                    U.S.C. 553(c), DOT solicits comments                       Mr. Bass, 56, has been blind in his                accumulating 1,000 miles. He holds a
                                                    from the public to better inform its                    right eye since 2008 due to a traumatic               Class A CDL from New Mexico. His
                                                    rulemaking process. DOT posts these                     incident. The visual acuity in his right              driving record for the last 3 years shows
                                                    comments, without edit, including any                   eye is hand motion, and in his left eye,              no crashes and no convictions for
                                                    personal information the commenter                      20/20. Following an examination in                    moving violations in a CMV.
                                                    provides, to www.regulations.gov, as                    2015, his optometrist stated, ‘‘In my
                                                                                                                                                                  Jacob M. Dellinger
                                                    described in the system of records                      medical opinion, Mr. Bass has sufficient
                                                                                                            vision to perform the driving tasks                      Mr. Dellinger, 60, had a branch retinal
                                                    notice (DOT/ALL–14 FDMS), which can
                                                                                                            required to operate a commercial                      vein occlusion in his left eye in 2011.
                                                    be reviewed at www.dot.gov/privacy.
                                                                                                            vehicle.’’ Mr. Bass reported that he has              The visual acuity in his right eye is 20/
                                                    FOR FURTHER INFORMATION CONTACT:                        driven straight trucks for 20 years,                  20, and in his left eye, 20/200.
                                                    Christine A. Hydock, Chief, Medical                     accumulating 700,000 miles. He holds                  Following an examination in 2015, his
                                                    Programs Division, (202) 366–4001,                      an operator’s license from Kentucky. His              optometrist stated, ‘‘In my medical
                                                    fmcsamedical@dot.gov, FMCSA,                            driving record for the last 3 years shows             opinion, with his right eye correction to
                                                    Department of Transportation, 1200                      no crashes and no convictions for                     20/20 and his full temporal peripheral
                                                    New Jersey Avenue SE., Room W64–                        moving violations in a CMV.                           fields, he has sufficient vision to
                                                    113, Washington, DC 20590–0001.                                                                               perform the driving tasks required to
                                                    Office hours are 8:30 a.m. to 5 p.m., e.t.,             Daniel L. Castonguay                                  operate a commercial vehicle.’’ Mr.
                                                    Monday through Friday, except Federal                      Mr. Castonguay, 54, has had macular                Dellinger reported that he has driven
                                                    holidays. If you have questions                         degeneration in his left eye since 2012.              straight trucks for 41 years,
                                                    regarding viewing or submitting                         The visual acuity in his right eye is 20/             accumulating 410,000 miles and tractor-
                                                    material to the docket, contact Docket                  20, and in his left eye, 20/100.                      trailer combinations for 41 years,
                                                    Services, telephone (202) 366–9826.                     Following an examination in 2016, his                 accumulating 123,000 miles. He holds
                                                                                                            optometrist stated, ‘‘It is my opinion                an operator’s license from North
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            that Daniel Castonguay has stable vision              Carolina. His driving record for the last
                                                    I. Background                                           at this time and has sufficient vision to             3 years shows no crashes and no
                                                                                                            drive a commercial vehicle as he has                  convictions for moving violations in a
                                                       Under 49 U.S.C. 31136(e) and 31315,                  done for the last 22 years.’’ Mr.                     CMV.
                                                    FMCSA may grant an exemption from                       Castonguay reported that he has driven
                                                    the Federal Motor Carrier Safety                                                                              Mark E. Dow
                                                                                                            straight trucks for 5 years, accumulating
                                                    Regulations for a 2-year period if it finds             250,000 miles and tractor-trailer                        Mr. Dow, 51, has had amblyopia in
                                                    ‘‘such exemption would likely achieve a                 combinations for 25 years, accumulating               his right eye since birth. The visual
                                                    level of safety that is equivalent to or                1.5 million miles. He holds a Class A                 acuity in his right eye is 20/70, and in
                                                    greater than the level that would be                    CDL from Maine. His driving record for                his left eye, 20/20. Following an
                                                    achieved absent such exemption.’’                       the last 3 years shows no crashes and no              examination in 2016, his optometrist
                                                    FMCSA can renew exemptions at the                       convictions for moving violations in a                stated, ‘‘In my opinion Mr. Dow has
                                                    end of each 2-year period. The 25                       CMV.                                                  sufficient vision to perform the driving
                                                    individuals listed in this notice have                                                                        tasks required to operate a commercial
                                                    each requested such an exemption from                   William A. Crandall, Jr.                              vehicle.’’ Mr. Dow reported that he has
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                                                    the vision requirement in 49 CFR                          Mr. Crandall, 31, has refractive                    driven straight trucks for 30 years,
                                                    391.41(b)(10), which applies to drivers                 amblyopia in his right eye since                      accumulating 1.05 million miles and
                                                    of CMVs in interstate commerce.                         childhood. The visual acuity in his right             tractor-trailer combinations for 30 years,
                                                    Accordingly, the Agency will evaluate                   eye is 20/60, and in his left eye, 20/15.             accumulating 150,000 miles. He holds a
                                                    the qualifications of each applicant to                 Following an examination in 2016, his                 Class A CDL from Vermont. His driving
                                                    determine whether granting an                           optometrist stated, ‘‘It is my opinion                record for the last 3 years shows no
                                                    exemption will achieve the required                     that Mr. Crandal [sic] has sufficient                 crashes and no convictions for moving
                                                    level of safety mandated by statute.                    vision to perform the driving tasks                   violations in a CMV.


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                                                                                   Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                            21657

                                                    Richard R. Filion                                       crashes and no convictions for moving                 accumulating 5,200 miles. He holds an
                                                       Mr. Filion, 68, is blind in his left eye             violations in a CMV.                                  operator’s license from New Mexico. His
                                                    due to a traumatic incident in 2011. The                                                                      driving record for the last 3 years shows
                                                                                                            Thomas M. Kaley, Jr.
                                                    visual acuity in his right eye is 20/20,                                                                      no crashes and no convictions for
                                                                                                               Mr. Kaley, 43, is blind in his left eye            moving violations in a CMV.
                                                    and in his left eye, no light perception.
                                                                                                            due to a traumatic incident in
                                                    Following an examination in 2015, his                                                                         Ty N. Mason
                                                                                                            childhood. The visual acuity in his right
                                                    optometrist stated, ‘‘If there is an
                                                                                                            eye is 20/20, and in his left eye, no light              Mr. Mason, 51, has been blind in his
                                                    allowance or waiver given for
                                                                                                            perception. Following an examination                  left eye due to a retinal detachment in
                                                    monocular status then Mr. Filion would
                                                    meet requirements for commercial                        in 2015, his optometrist stated, ‘‘I see no           2003. The visual acuity in his right eye
                                                    driving.’’ Mr. Filion reported that he has              reason that he should be denied a                     is 20/20, and in his left eye, no light
                                                    driven straight trucks for 25 years,                    license as I believe that he has sufficient           perception. Following an examination
                                                    accumulating 500,000 miles and tractor-                 vision to operate a commercial vehicle.’’             in 2015, his optometrist stated, ‘‘Patient
                                                    trailer combinations for 8 years,                       Mr. Kaley reported that he has driven                 has sufficient visual acuity and VF [sic]
                                                    accumulating 560,000 miles. He holds a                  straight trucks for 25 years,                         for CDL license.’’ Mr. Mason reported
                                                    Class A CDL from Vermont. His driving                   accumulating 750,000 miles. He holds                  that he has driven straight trucks for 2
                                                    record for the last 3 years shows no                    an operator’s license from Pennsylvania.              years, accumulating 75,000 miles and
                                                    crashes and no convictions for moving                   His driving record for the last 3 years               tractor-trailer combinations for 16 years,
                                                    violations in a CMV.                                    shows no crashes and no convictions for               accumulating 6.53 million miles. He
                                                                                                            moving violations in a CMV.                           holds a Class AM CDL from
                                                    Louis J. Floquet Jr.                                                                                          Pennsylvania. His driving record for the
                                                                                                            William J. Krysinski
                                                       Mr. Floquet, 31, has had Morning                                                                           last 3 years shows no crashes and no
                                                    Glory Syndrome in his left eye since                       Mr. Krysinski, 56, has had optic
                                                                                                                                                                  convictions for moving violations in a
                                                    birth. The visual acuity in his right eye               atrophy in his left eye since 2012. The
                                                                                                                                                                  CMV.
                                                    is 20/20, and in his left eye, light                    visual acuity in his right eye is 20/20,
                                                    perception. Following an examination                    and in his left eye, hand motion.                     Ralph A. Milliman
                                                    in 2015, his optometrist stated, ‘‘Based                Following an examination in 2015, his
                                                                                                                                                                     Mr. Milliman, 63, has had an
                                                    on these tests, Louis has sufficient vison              optometrist stated, ‘‘I believe he can
                                                                                                                                                                  incomplete macular formation in his left
                                                    to perform the driving tasks required to                continue to safely operate his
                                                                                                                                                                  eye since birth. The visual acuity in his
                                                    operate a commercial vehicle.’’ Mr.                     commercial motor vehicle for interstate
                                                                                                                                                                  right eye is 20/20, and in his left eye,
                                                    Floquet reported that he has driven                     driving without any restrictions.’’ Mr.
                                                                                                                                                                  20/200. Following an examination in
                                                    straight trucks for 15 years,                           Krysinski reported that he has driven
                                                                                                                                                                  2015, his optometrist stated, ‘‘It is my
                                                    accumulating 150,000 miles. He holds                    tractor-trailer combinations for 35 years,
                                                                                                                                                                  opinion that Mr. Milliman’s exceptional
                                                    an operator’s license from California.                  accumulating 2.3 million miles. He
                                                                                                                                                                  vision in his right eye allows him to
                                                    His driving record for the last 3 years                 holds a Class A CDL from Minnesota.
                                                                                                                                                                  compensate for his lack of visual acuity
                                                    shows no crashes and no convictions for                 His driving record for the last 3 years
                                                                                                                                                                  in his left eye and leads me to believe
                                                    moving violations in a CMV.                             shows no crashes and no convictions for
                                                                                                                                                                  he has sufficient vision to perform all
                                                                                                            moving violations in a CMV.
                                                    Joshua V. Harrison                                                                                            commercial driving tasks.’’ Mr.
                                                                                                            Bradley K. Linde                                      Milliman reported that he has driven
                                                       Mr. Harrison, 67, has had a corneal
                                                                                                               Mr. Linde, 67, has had amblyopia in                straight trucks for 24 years,
                                                    scar in his left eye since childhood. The
                                                                                                            his left eye since childhood. The visual              accumulating 1.92 million miles and
                                                    visual acuity in his right eye is 20/25,
                                                    and in his left eye, 20/80. Following an                acuity in his right eye is 20/20, and in              tractor-trailer combinations for 33 years,
                                                    examination in 2015, his                                his left eye, 20/400. Following an                    accumulating 3.47 million miles. He
                                                    ophthalmologist stated, ‘‘Left eye poor                 examination in 2015, his optometrist                  holds an operator’s license from Illinois.
                                                    vision is long-standing, right eye meets                stated, ‘‘In my professional opinion of               His driving record for the last 3 years
                                                    standards . . . for CDL.’’ Mr. Harrison                 his vision, Mr. Linde is qualified to                 shows no crashes and 1 conviction for
                                                    reported that he has driven straight                    perform all duties expected for                       a moving violation in a CMV; he
                                                    trucks for 45 years, accumulating                       operating a commercial vehicle.’’ Mr.                 operated in an improper traffic lane.
                                                    450,000 miles. He holds a Class A CDL                   Linde reported that he has driven                     Donald A. Orloski
                                                    from New Jersey. His driving record for                 tractor-trailer combinations for 21 years,
                                                    the last 3 years shows no crashes and no                accumulating 10,500 miles. He holds a                    Mr. Orloski, 69, has had amblyopia in
                                                    convictions for moving violations in a                  Class A CDL from Iowa. His driving                    his left eye since birth. The visual acuity
                                                    CMV.                                                    record for the last 3 years shows no                  in his right eye is 20/20, and in his left
                                                                                                            crashes and no convictions for moving                 eye, 20/150. Following an examination
                                                    Jason G. Joyner                                                                                               in 2015, his optometrist stated, ‘‘Mr.
                                                                                                            violations in a CMV.
                                                      Mr. Joyner, 38, has had strabismic                                                                          Orloski’s visual condition is stable. I
                                                    amblyopia in his left eye since                         Pedro Martinez                                        find no medical reason to prevent
                                                    childhood. The visual acuity in his right                 Mr. Martinez, 55, has had a choroidal               Donald Orloski from safely operating a
                                                    eye is 20/20, and in his left eye, 20/100.              macular scar in his left eye since 1985.              commercial vehicle.’’ Mr. Orloski
                                                    Following an examination in 2016, his                   The visual acuity in his right eye is 20/             reported that he has driven straight
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                                                    optometrist stated, ‘‘I believe pt [sic] has            20, and in his left eye, counting fingers.            trucks for 37 years, accumulating
                                                    sufficient vision to perform the driving                Following an examination in 2015, his                 592,000 miles and tractor-trailer
                                                    tasks required to operate a commercial                  optometrist stated, ‘‘In my medical                   combinations for 37 years, accumulating
                                                    vehicle.’’ Mr. Joyner reported that he                  opinion, he has sufficient vision                     37,000 miles. He holds a Class A CDL
                                                    has driven straight trucks for 4 years,                 centrally OD and Peripherally [sic] OU                from Pennsylvania. His driving record
                                                    accumulating 150,000 miles. He holds a                  to operate a commercial vehical [sic].’’              for the last 3 years shows no crashes and
                                                    Class A CDL from Kansas. His driving                    Mr. Martinez reported that he has                     no convictions for moving violations in
                                                    record for the last 3 years shows no                    driven straight trucks for 10 years,                  a CMV.


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                                                    21658                          Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices

                                                    Alan R. Piroso                                          than adequate vision to perform all                   III. Public Participation and Request for
                                                       Mr. Piroso, 60, has had amblyopia in                 driving tasks required to operate a                   Comments
                                                    his left eye since birth. The visual acuity             commercial vehicle.’’ Mr. Smith
                                                                                                            reported that he has driven straight                    FMCSA encourages you to participate
                                                    in his right eye is 20/20, and in his left
                                                                                                            trucks for 10 years, accumulating                     by submitting comments and related
                                                    eye, 20/400. Following an examination
                                                                                                            120,000 miles. He holds a Class D                     materials.
                                                    in 2015, his ophthalmologist stated,
                                                    ‘‘Alan Piroso has been driving for many                 operator’s license from Utah. His                     Submitting Comments
                                                    years without a problem and I believe                   driving record for the last 3 years shows
                                                    he should be able to renew his CDL                      no crashes and no convictions for                        If you submit a comment, please
                                                    license based on his eye examination.’’                 moving violations in a CMV.                           include the docket number for this
                                                    Mr. Piroso reported that he has driven                  Carl J. Warnecke                                      notice, indicate the specific section of
                                                    straight trucks for 31 years,                                                                                 this document to which each comment
                                                    accumulating 930,000 miles and tractor-                    Mr. Warnecke, 55, has had amblyopia                applies, and provide a reason for each
                                                    trailer combinations for 6 years,                       in his right eye since childhood. The                 suggestion or recommendation. You
                                                    accumulating 30,000 miles. He holds a                   visual acuity in his right eye is 20/200,             may submit your comments and
                                                    Class AMC CDL from New Hampshire.                       and in his left eye, 20/20. Following an              material online or by fax, mail, or hand
                                                    His driving record for the last 3 years                 examination in 2015, his                              delivery, but please use only one of
                                                    shows no crashes and no convictions for                 ophthalmologist stated, ‘‘I think that he             these means. FMCSA recommends that
                                                    moving violations in a CMV.                             does have sufficient vision to perform                you include your name and a mailing
                                                                                                            the driving tasks required to operate a               address, an email address, or a phone
                                                    Juan C. Ramirez                                         commercial vehicle, according to their                number in the body of your document
                                                       Mr. Ramirez, 31, has had exotropia                   guidelines.’’ Mr. Warnecke reported that              so the Agency can contact you if it has
                                                    with amblyopia in his left eye since                    he has driven straight trucks for 35
                                                    childhood. The visual acuity in his right                                                                     questions regarding your submission.
                                                                                                            years, accumulating 210,000 miles and
                                                    eye is 20/30, and in his left eye, 20/100.              tractor-trailer combinations for 35 years,               To submit your comment online, go to
                                                    Following an examination in 2015, his                   accumulating 35,000 miles. He holds a                 http://www.regulations.gov and put the
                                                    optometrist stated, ‘‘I believe Mr.                     Class A CDL from Ohio. His driving                    docket number FMCSA–2016–0024 in
                                                    Ramirez should be considered for [sic]                  record for the last 3 years shows no                  the ‘‘Keyword’’ box, and click ‘‘Search.
                                                    federal vision exemption to operate a                   crashes and no convictions for moving                 When the new screen appears, click on
                                                    CMV in interstate commerce.’’ Mr.                       violations in a CMV.                                  ‘‘Comment Now!’’ button and type your
                                                    Ramirez reported that he has driven                                                                           comment into the text box in the
                                                    straight trucks for 6 years, accumulating               Edwin E. West                                         following screen. Choose whether you
                                                    600,000 miles and tractor-trailer                          Mr. West, 55, has had a macular scar               are submitting your comment as an
                                                    combinations for 2 years, accumulating                  in his right eye due to a retinal                     individual or on behalf of a third party
                                                    120,000 miles. He holds a Class A CDL                   hemorrhage in 2004. The visual acuity                 and then submit. If you submit your
                                                    from Ohio. His driving record for the                   in his right eye is 20/70, and in his left            comments by mail or hand delivery,
                                                    last 3 years shows no crashes and no                    eye, 20/20. Following an examination in               submit them in an unbound format, no
                                                    convictions for moving violations in a                  2015, his optometrist stated, ‘‘I certify             larger than 81⁄2 by 11 inches, suitable for
                                                    CMV.                                                    that Ed West has sufficient vision to                 copying and electronic filing. If you
                                                    Erik J. Rowland                                         perform the driving tasks required to                 submit comments by mail and would
                                                       Mr. Rowland, 35, has had amblyopia                   operate a commercial vehicle.’’ Mr.                   like to know that they reached the
                                                    in his right eye since birth. The visual                West reported that he has driven                      facility, please enclose a stamped, self-
                                                    acuity in his right eye is hand motion,                 straight trucks for 37 years,                         addressed postcard or envelope.
                                                    and in his left eye, 20/15. Following an                accumulating 185,000 miles and tractor-                  FMCSA will consider all comments
                                                    examination in 2015, his                                trailer combinations for 37 years,                    and material received during the
                                                    ophthalmologist stated, ‘‘It is my                      accumulating 185,000 miles. He holds a                comment period. FMCSA may issue a
                                                    opinion that Mr. Rowland is able to                     Class A CDL from Missouri. His driving                final determination at any time after the
                                                    operate a commercial vehicle, as his                    record for the last 3 years shows no                  close of the comment period.
                                                    vision has remained stable, and he has                  crashes and no convictions for moving
                                                    operate [sic] a commercial vehicle for                  violations in a CMV.                                  Viewing Comments and Documents
                                                    the past several years.’’ Mr. Rowland                   Donald E. Wojtaszek                                      To view comments, as well as
                                                    reported that he has driven straight                                                                          documents mentioned in this preamble
                                                    trucks for 17 years, accumulating                         Mr. Wojtaszek, 62, has had amblyopia
                                                                                                            in his left eye since childhood. The                  as being available in the docket, go to
                                                    340,000 miles and tractor-trailer
                                                                                                            visual acuity in his right eye is 20/20,              http://www.regulations.gov and insert
                                                    combinations for 2 years, accumulating
                                                                                                            and in his left eye, 20/200. Following an             the docket number FMCSA–2016–0024
                                                    10,000 miles. He holds a Class A CDL
                                                    from New York. His driving record for                   examination in 2015, his optometrist                  in the ‘‘Keyword’’ box and click
                                                    the last 3 years shows no crashes and no                stated, ‘‘I hereby certify that in my                 ‘‘Search.’’ Next, click ‘‘Open Docket
                                                    convictions for moving violations in a                  medical opinion, this individual has                  Folder’’ button and choose the
                                                                                                            sufficient vision to perform driving                  document listed to review. If you do not
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    CMV.
                                                                                                            tasks required to operate a commercial                have access to the Internet, you may
                                                    Colby T. Smith                                          vehicle.’’ Mr. Wojtaszek reported that he             view the docket online by visiting the
                                                      Mr. Smith, 36, has had amblyopia in                   has driven straight trucks for 42 years,              Docket Management Facility in Room
                                                    his left eye since childhood. The visual                accumulating 84,000. He holds a Class                 W12–140 on the ground floor of the
                                                    acuity in his right eye is 20/20, and in                C license from Pennsylvania. His                      DOT West Building, 1200 New Jersey
                                                    his left eye, 20/400. Following an                      driving record for the last 3 years shows             Avenue SE., Washington, DC 20590,
                                                    examination in 2015, his optometrist                    no crashes and no convictions for                     between 9 a.m. and 5 p.m., e.t., Monday
                                                    stated, ‘‘In my opinion, Colby has more                 moving violations in a CMV.                           through Friday, except Federal holidays.


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                                                                                   Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                                 21659

                                                      Issued on: April 5, 2016.                               Therefore, FR Doc. 2016–07027 is                    comply with the Disadvantaged
                                                    Larry W. Minor,                                         corrected as follows:                                 Business Enterprise (DBE) program
                                                    Associate Administrator for Policy.                       1. On page 17560, in the 2nd column,                regulations at 49 CFR part 26.
                                                    [FR Doc. 2016–08354 Filed 4–11–16; 8:45 am]             subsection F. Federal Award                           Applicants should expect to include any
                                                    BILLING CODE 4910–EX–P
                                                                                                            Administration, iii. Administrative and               funds awarded, excluding those to be
                                                                                                            National Policy Requirements, iii. Buy                used for vehicle procurements, in
                                                                                                            America is corrected to read as shown                 setting their overall DBE goal. Note,
                                                    DEPARTMENT OF TRANSPORTATION                            below:                                                however, that projects including vehicle
                                                                                                            iii. Buy America                                      procurements remain subject to the DBE
                                                    Federal Transit Administration                                                                                program regulations. The rule requires
                                                                                                               The FTA requires that all capital                  that, prior to bidding on any FTA-
                                                    FY16 Competitive Funding                                procurements meet FTA’s Buy America                   assisted vehicle procurement, entities
                                                    Opportunity: Grants for Buses and Bus                   requirements, which require that all                  that manufacture vehicles, perform post-
                                                    Facilities and Low or No Emission                       iron, steel, or manufactured products be              production alterations or retrofitting
                                                    Grant Programs; 5339(b) Grants for                      produced in the U.S. These                            must submit a DBE Program plan and
                                                    Buses and Bus Facilities Program and                    requirements help create and protect                  goal methodology to FTA. The FTA will
                                                    5339(c) Low or No Emission                              manufacturing jobs in the U.S. The Bus                then issue a transit vehicle
                                                    Program—Correction                                      Program and Low-No Program will have                  manufacturer (TVM) concurrence/
                                                                                                            a significant economic impact toward                  certification letter. Grant recipients
                                                    AGENCY: Federal Transit Administration                  meeting the objectives of the Buy
                                                    (FTA), DOT.                                                                                                   must verify each entity’s compliance
                                                                                                            America law. The FAST Act amended                     with these requirements before
                                                    ACTION: Notice; correction.                             the Buy America requirements to                       accepting its bid. A list of compliant,
                                                                                                            provide for a phased increase in the
                                                                                                                                                                  certified TVMs is posted on FTA’s Web
                                                    SUMMARY:  On March 29, 2016, the                        domestic content for rolling stock. For
                                                                                                                                                                  page at https://www.fta.dot.gov/
                                                    Federal Transit Administration (FTA)                    FY16 and FY17, the cost of components
                                                                                                                                                                  regulations-and-guidance/civil-rights-
                                                    published a Notice of Funding                           and subcomponents produced in the
                                                                                                                                                                  ada/eligible-tvms-list. Please note, that
                                                    Opportunity (NOFO) in the Federal                       United States must be more than 60
                                                                                                                                                                  this list is nonexclusive and recipients
                                                    Register announcing the availability of                 percent of the cost of all components.
                                                                                                                                                                  must contact FTA before accepting bids
                                                    approximately $211 million for Grants                   For FY18 and FY19, the cost of
                                                                                                                                                                  from entities not listed on this web-
                                                    for Buses and Bus Facilities and $55                    components and subcomponents
                                                                                                                                                                  posting. Recipients may also establish
                                                    million for Low or No Emission Grants.                  produced in the United States must be
                                                                                                                                                                  project specific DBE goals for vehicle
                                                    The notice provided incomplete                          more than 65 percent of the cost of all
                                                                                                                                                                  procurements. The FTA will provide
                                                    information regarding FTA’s Buy                         components. For FY20 and beyond, the
                                                                                                                                                                  additional guidance as grants are
                                                    America and Disadvantage Business                       cost of components and subcomponents
                                                                                                                                                                  awarded. For more information on DBE
                                                    Enterprise (DBE) requirements.                          produced in the United States must be
                                                                                                                                                                  requirements, please contact Jennifer
                                                    Additionally, the NOFO was missing                      more than 70 percent of the cost of all
                                                                                                                                                                  Riess, Office of Civil Rights, 202–366–
                                                    information in one place about how to                   components. There is no change to the
                                                                                                                                                                  3084, email: jennifer.riess@dot.gov.
                                                    submit applications through                             requirement that final assembly of
                                                                                                                                                                     3. On page 17560, in the 3rd column,
                                                    www.grants.gov. This notice corrects the                rolling stock must occur in the United
                                                                                                                                                                  section G. Technical Assistance and
                                                    March 29 notice.                                        States. FTA will be issuing guidance on
                                                                                                                                                                  Other Program Information is corrected
                                                    FOR FURTHER INFORMATION CONTACT: For
                                                                                                            the implementation of the phased
                                                                                                                                                                  to insert a deadline for complete
                                                    the Bus Program, contact Sam Snead,                     increase in domestic content in the near
                                                                                                                                                                  applications of 11:59 p.m. EDT on May
                                                    FTA Office of Program Management,                       future. Any proposal that will require a
                                                                                                                                                                  13, 2016.
                                                    202–366–1089, or samuel.snead@                          waiver must identify the items for
                                                    dot.gov. For the Low-No Program,                        which a waiver will be sought in the                  Matthew J. Welbes,
                                                    contact Tara Clark, same office, 202–                   application. Applicants should not                    Executive Director.
                                                    366–2623, or tara.clark@dot.gov.                        proceed with the expectation that                     [FR Doc. 2016–08295 Filed 4–11–16; 8:45 am]
                                                                                                            waivers will be granted, nor should                   BILLING CODE 4910–57–P
                                                    SUPPLEMENTARY INFORMATION:                              applicants assume that selection of a
                                                    Need for Correction                                     project under the Low-No Program that
                                                                                                            includes a partnership with a                         DEPARTMENT OF TRANSPORTATION
                                                      The FTA notice published in the                       manufacturer, vendor, consultant, or
                                                    Federal Register on March 29, 2016 (81                  other third party constitutes a waiver of             Federal Transit Administration
                                                    FR 17553), FR Doc. 2016–07027,                          the Buy America requirements for
                                                    contained errors. In subsection F.                                                                            [Safety Advisory 16–1]
                                                                                                            rolling stock applicable at the time the
                                                    Federal Award Administration, iii.                      project is undertaken.                                Stop Signal Overruns
                                                    Administrative and National Policy                         2. On page 17560, in the 2nd column,
                                                    Requirements, iii. Buy America and iv.                  subsection F. Federal Award                           AGENCY: Federal Transit Administration
                                                    Disadvantaged Business Enterprise, the                  Administration, iii. Administrative and               (FTA), Department of Transportation
                                                    notice provides incomplete information                  National Policy Requirements, iv.                     (DOT).
                                                    and refers to projects that involve
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Disadvantaged Business Enterprise is                  ACTION: Notice of Safety Advisory.
                                                    passenger ferries, which are not eligible               corrected to read as shown below:
                                                    for funding under the Bus Program or                                                                          SUMMARY:  The Federal Transit
                                                    Low-No Program. In section G.                           iv. Disadvantaged Business Enterprise                 Administration (FTA) issued Safety
                                                    Technical Assistance and Other                             The FTA requires that its recipients               Advisory 16–1 regarding stop signal
                                                    Program Information, the NOFO is                        receiving planning, capital and/or                    overruns on rail fixed guideway public
                                                    missing the date by which applications                  operating assistance that will award                  transportation systems, and an
                                                    must be submitted through                               prime contracts exceeding $250,000 in                 accompanying letter to the State Safety
                                                    www.grants.gov.                                         FTA funds in a Federal fiscal year                    Oversight (SSO) program managers and


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Document Created: 2016-04-12 00:46:58
Document Modified: 2016-04-12 00:46:58
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 21655 

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