81 FR 52514 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 152 (August 8, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 152 (August 8, 2016)
| Page Range | 52514-52516 | |
| FR Document | 2016-18735 |
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)] [Notices] [Pages 52514-52516] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18735] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0031] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 11 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before September 7, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0031 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' FMCSA can renew exemptions at the end of each 2-year period. The 11 individuals listed in this notice have each requested such an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Daniel S. Billig Mr. Billig, 29, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 200. Following an examination in 2015, his optometrist stated, ``In my medical opinion, Daniel has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Billig reported that he has driven straight trucks for 3 years, accumulating 30,000 miles. He holds an operator's license from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Duane N. Brojer Mr. Brojer, 50, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2016, his optometrist stated, ``Dr. L. Victor Sandoval certifies that in his medical opinion, Duane has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Brojer reported that he has driven straight trucks for 21 years, accumulating 756,000 miles. He holds an operator's license from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. [[Page 52515]] Jeffrey D. Davis Mr. Davis, 56, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 400. Following an examination in 2016, his optometrist stated, ``Mr. Davis has sufficient vision to perform driving tasks that are required to operate a commercial vehicle.'' Mr. Davis reported that he has driven straight trucks for 2 years, accumulating 23,400 miles, and tractor-trailer combinations for 26 years, accumulating 624,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows one crash in a CMV, to which he contributed but for which he was not cited, and no convictions for moving violations in a CMV. Paul D. Evenhouse Mr. Evenhouse, 59, has had exotropia in his left eye since birth. The visual acuity in his right eye is 20/25, and in his left eye, 20/ 200. Following an examination in 2016, his optometrist stated, ``The patient reports that he has driven a large truck with CDL license for about 40 years. Since he has passed your CDL vision criteria in the past, and his vision and eye health are stable, I believe he can continue safely.'' Mr. Evenhouse reported that he has driven straight trucks for 31 years, accumulating 1.13 million miles. He holds a Class B CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jonathan W. Gibbons Mr. Gibbons, 40, has had refractive amblyopia in his right eye since birth. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``It is my opinion that Mr. Gibbons has more than sufficient vision to operate a commercial vehicle.'' Mr. Gibbons reported that he has driven straight trucks for 4 years, accumulating 120,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Shane J. Graff Mr. Graff, 29, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/ 20. Following an examination in 2016, his optometrist stated, ``Mr. Graff will need to wear a correction, but with this correction, will have 20/20 visual acuity and full peripheral field of vision. There should be no difficulty with him driving a commercial vehicle at this time.'' Mr. Graff reported that he has driven tractor-trailer combinations for 13 years, accumulating 390,000 miles, and buses for 8 years, accumulating 40,000 miles. He holds an operator's license from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Brian D. Hoover Mr. Hoover, 53, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/15, and in his left eye, 20/100. Following an examination in 2016, his optometrist stated, ``I, Denise C. Gimbel, OD, in my medical opinion, feel Brian Hoover has sufficient vision to perform the [sic] driving tasks required to operate a commercial vehicle.'' Mr. Hoover reported that he has driven straight trucks for 34 years, accumulating 3,400 miles, and tractor-trailer combinations for 34 years, accumulating 68,000 miles. He holds a Class A CDL from Iowa. His driving record for the last 3 years shows one crash, which he was not cited for, and no convictions for moving violations in a CMV. Michael A. Kafer Mr. Kafer, 32, has had refractive amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2016, his optometrist stated, ``It is my medical opinion Michael Kafer has sufficient vision to perform the driving task as required to operate a commercial vehicle.'' Mr. Kafer reported that he has driven tractor-trailer combinations for 10 years, accumulating 35,000 miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Christopher Robinson Mr. Robinson, 38, has had Coat's retinopathy in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2016, his ophthalmologist stated, ``In my medical opinion, he has sufficient vision to perform the driving tasks for operating a commercial vehicle.'' Mr. Robinson reported that he has driven straight trucks for 4 years, accumulating 124,800 miles, and tractor-trailer combinations for 4 years, accumulating 140,000 miles. He holds a Class A CDL from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joshua R. Stanley Mr. Stanley, 43, has a corneal scar in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/250, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``Mr. Stanley has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Stanley reported that he has driven straight trucks for 3 years, accumulating 28,300 miles. He holds an operator's license from Oklahoma. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles F. Tibbetts Mr. Tibbetts, 67, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2016, his optometrist stated, ``The above is under my care and is visually impaired (mildly) in the left eye due to amblyopia which began at childhood and is stable. He should be allowed to drive a commercial vehicle.'' Mr. Tibbetts reported that he has driven straight trucks for 10 years, accumulating 50,000 miles, and tractor-trailer combinations for 14 years, accumulating 364,000 miles. He holds an operator's license from South Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number FMCSA-2016-0031 in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the [[Page 52516]] following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self- addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and insert the docket number FMCSA-2016-0031 in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket Folder'' button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: July 27, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-18735 Filed 8-5-16; 8:45 am] BILLING CODE 4910-EX-P
![52514 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
Now!’’ button on the right hand side of comments will be investigated by Monday through Friday, except Federal
the page. On the new page, enter FMCSA. The exemptions will be issued holidays. If you have questions
information required including the the day after the comment period closes. regarding viewing or submitting
specific section of this document to ADDRESSES: You may submit comments material to the docket, contact Docket
which each comment applies, and bearing the Federal Docket Management Services, telephone (202) 366–9826.
provide a reason for each suggestion or System (FDMS) Docket No. FMCSA–
recommendation. If you submit your SUPPLEMENTARY INFORMATION:
2016–0031 using any of the following
comments by mail or hand delivery, methods: I. Background
submit them in an unbound format, no • Federal eRulemaking Portal: Go to
larger than 81⁄2 by 11 inches, suitable for http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
copying and electronic filing. If you on-line instructions for submitting FMCSA may grant an exemption from
submit comments by mail and would comments. the Federal Motor Carrier Safety
like to know that they reached the • Mail: Docket Management Facility; Regulations for a 2-year period if it finds
facility, please enclose a stamped, self- U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a
addressed postcard or envelope. New Jersey Avenue SE., West Building level of safety that is equivalent to or
We will consider all comments and Ground Floor, Room W12–140, greater than the level that would be
materials received during the comment Washington, DC 20590–0001. achieved absent such exemption.’’
period. FMCSA may issue a final • Hand Delivery: West Building FMCSA can renew exemptions at the
determination any time after the close of Ground Floor, Room W12–140, 1200 end of each 2-year period. The 11
the comment period. New Jersey Avenue SE., Washington, individuals listed in this notice have
IV. Viewing Comments and Documents DC, between 9 a.m. and 5 p.m., Monday each requested such an exemption from
through Friday, except Federal the vision requirement in 49 CFR
To view comments, as well as any Holidays. 391.41(b)(10), which applies to drivers
documents mentioned in this preamble, • Fax: 1–202–493–2251. of CMVs in interstate commerce.
go to http://www.regulations.gov and in Instructions: Each submission must Accordingly, the Agency will evaluate
the search box insert the docket number include the Agency name and the the qualifications of each applicant to
FMCSA–2016–0175 and click ‘‘Search.’’ docket numbers for this notice. Note determine whether granting an
Next, click ‘‘Open Docket Folder’’ and that all comments received will be exemption will achieve the required
you will find all documents and posted without change to http:// level of safety mandated by statute.
comments related to this notice. www.regulations.gov, including any
Issued on: July 29, 2016. personal information provided. Please II. Qualifications of Applicants
Larry W. Minor, see the Privacy Act heading below for
Daniel S. Billig
Associate Administrator for Policy. further information.
Docket: For access to the docket to Mr. Billig, 29, has had amblyopia in
[FR Doc. 2016–18737 Filed 8–5–16; 8:45 am]
read background documents or his left eye since childhood. The visual
BILLING CODE 4910–EX–P
comments, go to http:// acuity in his right eye is 20/20, and in
www.regulations.gov at any time or his left eye, 20/200. Following an
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of examination in 2015, his optometrist
the West Building, 1200 New Jersey stated, ‘‘In my medical opinion, Daniel
Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 has sufficient vision to perform the
Administration a.m. and 5 p.m., Monday through driving tasks required to operate a
Friday, except Federal holidays. The commercial vehicle.’’ Mr. Billig reported
[Docket No. FMCSA–2016–0031] FDMS is available 24 hours each day, that he has driven straight trucks for 3
365 days each year. If you want
Qualification of Drivers; Exemption years, accumulating 30,000 miles. He
Applications; Vision acknowledgment that we received your
holds an operator’s license from
comments, please include a self-
Minnesota. His driving record for the
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
last 3 years shows no crashes and no
Administration (FMCSA), DOT. postcard or print the acknowledgement
convictions for moving violations in a
ACTION: Notice of applications for page that appears after submitting
comments on-line. CMV.
exemptions; request for comments.
Privacy Act: In accordance with 5 Duane N. Brojer
SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
applications from 11 individuals for from the public to better inform its Mr. Brojer, 50, has had amblyopia in
exemption from the vision requirement rulemaking process. DOT posts these his left eye since birth. The visual acuity
in the Federal Motor Carrier Safety comments, without edit, including any in his right eye is 20/20, and in his left
Regulations. They are unable to meet personal information the commenter eye, 20/100. Following an examination
the vision requirement in one eye for provides, to www.regulations.gov, as in 2016, his optometrist stated, ‘‘Dr. L.
various reasons. The exemptions will described in the system of records Victor Sandoval certifies that in his
enable these individuals to operate notice (DOT/ALL–14 FDMS), which can medical opinion, Duane has sufficient
commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy. vision to perform the driving tasks
interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: required to operate a commercial
mstockstill on DSK3G9T082PROD with NOTICES
the prescribed vision requirement in Christine A. Hydock, Chief, Medical vehicle.’’ Mr. Brojer reported that he has
one eye. If granted, the exemptions Programs Division, (202) 366–4001, driven straight trucks for 21 years,
would enable these individuals to fmcsamedical@dot.gov, FMCSA, accumulating 756,000 miles. He holds
qualify as drivers of commercial motor Department of Transportation, 1200 an operator’s license from New Mexico.
vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64– His driving record for the last 3 years
DATES: Comments must be received on 113, Washington, DC 20590–0001. shows no crashes and no convictions for
or before September 7, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t., moving violations in a CMV.
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![Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52515
Jeffrey D. Davis commercial vehicle at this time.’’ Mr. Joshua R. Stanley
Mr. Davis, 56, has had amblyopia in Graff reported that he has driven tractor- Mr. Stanley, 43, has a corneal scar in
his left eye since childhood. The visual trailer combinations for 13 years, his right eye due to a traumatic incident
acuity in his right eye is 20/20, and in accumulating 390,000 miles, and buses in childhood. The visual acuity in his
his left eye, 20/400. Following an for 8 years, accumulating 40,000 miles. right eye is 20/250, and in his left eye,
examination in 2016, his optometrist He holds an operator’s license from 20/20. Following an examination in
stated, ‘‘Mr. Davis has sufficient vision Michigan. His driving record for the last 2016, his optometrist stated, ‘‘Mr.
to perform driving tasks that are 3 years shows no crashes and no Stanley has sufficient vision to perform
required to operate a commercial convictions for moving violations in a the driving tasks required to operate a
vehicle.’’ Mr. Davis reported that he has CMV. commercial vehicle.’’ Mr. Stanley
driven straight trucks for 2 years, Brian D. Hoover reported that he has driven straight
accumulating 23,400 miles, and tractor- trucks for 3 years, accumulating 28,300
trailer combinations for 26 years, Mr. Hoover, 53, has had amblyopia in miles. He holds an operator’s license
accumulating 624,000 miles. He holds a his left eye since birth. The visual acuity from Oklahoma. His driving record for
Class A CDL from North Carolina. His in his right eye is 20/15, and in his left the last 3 years shows no crashes and no
driving record for the last 3 years shows eye, 20/100. Following an examination convictions for moving violations in a
one crash in a CMV, to which he in 2016, his optometrist stated, ‘‘I, CMV.
contributed but for which he was not Denise C. Gimbel, OD, in my medical
opinion, feel Brian Hoover has sufficient Charles F. Tibbetts
cited, and no convictions for moving
violations in a CMV. vision to perform the [sic] driving tasks Mr. Tibbetts, 67, has had amblyopia
required to operate a commercial in his left eye since childhood. The
Paul D. Evenhouse vehicle.’’ Mr. Hoover reported that he visual acuity in his right eye is 20/20,
Mr. Evenhouse, 59, has had exotropia has driven straight trucks for 34 years, and in his left eye, 20/70. Following an
in his left eye since birth. The visual accumulating 3,400 miles, and tractor- examination in 2016, his optometrist
acuity in his right eye is 20/25, and in trailer combinations for 34 years, stated, ‘‘The above is under my care and
his left eye, 20/200. Following an accumulating 68,000 miles. He holds a is visually impaired (mildly) in the left
examination in 2016, his optometrist Class A CDL from Iowa. His driving eye due to amblyopia which began at
stated, ‘‘The patient reports that he has record for the last 3 years shows one childhood and is stable. He should be
driven a large truck with CDL license for crash, which he was not cited for, and allowed to drive a commercial vehicle.’’
about 40 years. Since he has passed no convictions for moving violations in Mr. Tibbetts reported that he has driven
your CDL vision criteria in the past, and a CMV. straight trucks for 10 years,
his vision and eye health are stable, I accumulating 50,000 miles, and tractor-
believe he can continue safely.’’ Mr. Michael A. Kafer trailer combinations for 14 years,
Evenhouse reported that he has driven Mr. Kafer, 32, has had refractive accumulating 364,000 miles. He holds
straight trucks for 31 years, amblyopia in his left eye since an operator’s license from South
accumulating 1.13 million miles. He childhood. The visual acuity in his right Carolina. His driving record for the last
holds a Class B CDL from Illinois. His eye is 20/20, and in his left eye, 20/100. 3 years shows no crashes and no
driving record for the last 3 years shows Following an examination in 2016, his convictions for moving violations in a
no crashes and no convictions for optometrist stated, ‘‘It is my medical CMV.
moving violations in a CMV. opinion Michael Kafer has sufficient III. Public Participation and Request for
Jonathan W. Gibbons vision to perform the driving task as Comments
Mr. Gibbons, 40, has had refractive required to operate a commercial FMCSA encourages you to participate
amblyopia in his right eye since birth. vehicle.’’ Mr. Kafer reported that he has by submitting comments and related
The visual acuity in his right eye is 20/ driven tractor-trailer combinations for materials.
50, and in his left eye, 20/20. Following 10 years, accumulating 35,000 miles. He
holds a Class A CDL from Kansas. His Submitting Comments
an examination in 2016, his optometrist
stated, ‘‘It is my opinion that Mr. driving record for the last 3 years shows If you submit a comment, please
Gibbons has more than sufficient vision no crashes and no convictions for include the docket number for this
to operate a commercial vehicle.’’ Mr. moving violations in a CMV. notice, indicate the specific section of
Gibbons reported that he has driven Christopher Robinson this document to which each comment
straight trucks for 4 years, accumulating applies, and provide a reason for each
120,000 miles. He holds a Class AM Mr. Robinson, 38, has had Coat’s suggestion or recommendation. You
CDL from Illinois. His driving record for retinopathy in his left eye since may submit your comments and
the last 3 years shows no crashes and no childhood. The visual acuity in his right material online or by fax, mail, or hand
convictions for moving violations in a eye is 20/20, and in his left eye, 20/400. delivery, but please use only one of
CMV. Following an examination in 2016, his these means. FMCSA recommends that
ophthalmologist stated, ‘‘In my medical you include your name and a mailing
Shane J. Graff opinion, he has sufficient vision to address, an email address, or a phone
Mr. Graff, 29, has had amblyopia in perform the driving tasks for operating number in the body of your document
his right eye since childhood. The a commercial vehicle.’’ Mr. Robinson so the Agency can contact you if it has
visual acuity in his right eye is 20/200, reported that he has driven straight questions regarding your submission.
mstockstill on DSK3G9T082PROD with NOTICES
and in his left eye, 20/20. Following an trucks for 4 years, accumulating 124,800 To submit your comment online, go to
examination in 2016, his optometrist miles, and tractor-trailer combinations http://www.regulations.gov and put the
stated, ‘‘Mr. Graff will need to wear a for 4 years, accumulating 140,000 miles. docket number FMCSA–2016–0031 in
correction, but with this correction, will He holds a Class A CDL from New York. the ‘‘Keyword’’ box, and click ‘‘Search.’’
have 20/20 visual acuity and full His driving record for the last 3 years When the new screen appears, click on
peripheral field of vision. There should shows no crashes and no convictions for ‘‘Comment Now!’’ button and type your
be no difficulty with him driving a moving violations in a CMV. comment into the text box in the
VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1](https://thefederalregister.org/doc/81_FR_52666/page/2.svg)
![52516 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
following screen. Choose whether you a level of safety that is equivalent to or evaluated the 22 applications on their
are submitting your comment as an greater than the level of safety merits and made a determination to
individual or on behalf of a third party maintained without the exemptions for grant exemptions to each of them.
and then submit. If you submit your these CMV drivers.
III. Vision and Driving Experience of
comments by mail or hand delivery, DATES: The exemptions were granted the Applicants
submit them in an unbound format, no April 28, 2016. The exemptions expire
larger than 81⁄2 by 11 inches, suitable for on April 28, 2018. The vision requirement in the
copying and electronic filing. If you FOR FURTHER INFORMATION CONTACT:
FMCSRs provides: A person is
submit comments by mail and would Christine A. Hydock, Chief, Medical physically qualified to drive a
like to know that they reached the Programs Division, (202) 366–4001, commercial motor vehicle if that person
facility, please enclose a stamped, self- fmcsamedical@dot.gov, FMCSA, has distant visual acuity of at least 20/
addressed postcard or envelope. Department of Transportation, 1200 40 (Snellen) in each eye without
FMCSA will consider all comments corrective lenses or visual acuity
New Jersey Avenue SE., Room W64–
and material received during the separately corrected to 20/40 (Snellen)
113, Washington, DC 20590–0001.
comment period. FMCSA may issue a or better with corrective lenses, distant
final determination at any time after the Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal binocular acuity of a least 20/40
close of the comment period. (Snellen) in both eyes with or without
holidays. If you have questions
Viewing Comments and Documents regarding viewing or submitting corrective lenses, field of vision of at
material to the docket, contact Docket least 70° in the horizontal meridian in
To view comments, as well as each eye, and the ability to recognize
documents mentioned in this preamble Services, telephone (202) 366–9826.
the colors of traffic signals and devices
as being available in the docket, go to SUPPLEMENTARY INFORMATION:
showing red, green, and amber (49 CFR
http://www.regulations.gov and insert 391.41(b)(10)).
I. Electronic Access
the docket number FMCSA–2016–0031
You may see all the comments online FMCSA recognizes that some drivers
in the ‘‘Keyword’’ box and click
through the Federal Document do not meet the vision requirement but
‘‘Search.’’ Next, click ‘‘Open Docket
Management System (FDMS) at http:// have adapted their driving to
Folder’’ button and choose the
www.regulations.gov. accommodate their limitation and
document listed to review. If you do not
Docket: For access to the docket to demonstrated their ability to drive
have access to the Internet, you may
read background documents or safely. The 22 exemption applicants
view the docket online by visiting the
comments, go to http:// listed in this notice are in this category.
Docket Management Facility in Room
www.regulations.gov and/or Room They are unable to meet the vision
W12–140 on the ground floor of the
W12–140 on the ground level of the requirement in one eye for various
DOT West Building, 1200 New Jersey
West Building, 1200 New Jersey Avenue reasons, including amblyopia, aphakia,
Avenue SE., Washington, DC 20590,
SE., Washington, DC, between 9 a.m. central scotoma, complete loss of vision,
between 9 a.m. and 5 p.m., e.t., Monday
and 5 p.m., Monday through Friday, corneal scar, macular scar, open angle
through Friday, except Federal holidays.
except Federal holidays. glaucoma, optic nerve damage,
Issued on: July 27, 2016. prosthetic eye, retinal detachment, and
Privacy Act: In accordance with 5
Larry W. Minor, strabismic amblyopia. In most cases,
U.S.C. 553(c), DOT solicits comments
Associate Administrator for Policy. from the public to better inform its their eye conditions were not recently
[FR Doc. 2016–18735 Filed 8–5–16; 8:45 am] rulemaking process. DOT posts these developed. Fifteen of the applicants
BILLING CODE 4910–EX–P comments, without edit, including any were either born with their vision
personal information the commenter impairments or have had them since
provides, to www.regulations.gov, as childhood.
DEPARTMENT OF TRANSPORTATION described in the system of records The 7 individuals that sustained their
notice (DOT/ALL–14 FDMS), which can vision conditions as adults have had it
Federal Motor Carrier Safety for a range of 5 to 30 years.
Administration be reviewed at www.dot.gov/privacy.
Although each applicant has one eye
[Docket No. FMCSA–2015–0351] II. Background which does not meet the vision
On March 28, 2016, FMCSA requirement in 49 CFR 391.41(b)(10),
Qualification of Drivers; Exemption published a notice of receipt of each has at least 20/40 corrected vision
Applications; Vision exemption applications from certain in the other eye, and in a doctor’s
AGENCY: Federal Motor Carrier Safety individuals, and requested comments opinion, has sufficient vision to perform
Administration (FMCSA), DOT. from the public (81 FR 17237). That all the tasks necessary to operate a CMV.
ACTION: Notice of final disposition. notice listed 22 applicants’ case Doctors’ opinions are supported by the
histories. The 22 individuals applied for applicants’ possession of valid
SUMMARY: FMCSA announces its exemptions from the vision requirement commercial driver’s licenses (CDLs) or
decision to exempt 22 individuals from in 49 CFR 391.41(b)(10), for drivers who non-CDLs to operate CMVs. Before
the vision requirement in the Federal operate CMVs in interstate commerce. issuing CDLs, States subject drivers to
Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, knowledge and skills tests designed to
(FMCSRs). They are unable to meet the FMCSA may grant an exemption for a evaluate their qualifications to operate a
vision requirement in one eye for two-year period if it finds ‘‘such CMV.
mstockstill on DSK3G9T082PROD with NOTICES
various reasons. The exemptions will exemption would likely achieve a level All of these applicants satisfied the
enable these individuals to operate of safety that is equivalent to or greater testing requirements for their State of
commercial motor vehicles (CMVs) in than the level that would be achieved residence. By meeting State licensing
interstate commerce without meeting absent such exemption.’’ The statute requirements, the applicants
the prescribed vision requirement in also allows the Agency to renew demonstrated their ability to operate a
one eye. The Agency has concluded that exemptions at the end of the 2-year CMV, with their limited vision, to the
granting these exemptions will provide period. Accordingly, FMCSA has satisfaction of the State.
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Document Created: 2016-08-06 03:08:14
Document Modified: 2016-08-06 03:08:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before September 7, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes. | |
| 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. | |
| FR Citation | 81 FR 52514 |
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