81 FR 60115 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 169 (August 31, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 169 (August 31, 2016)
| Page Range | 60115-60117 | |
| FR Document | 2016-20932 |
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)] [Notices] [Pages 60115-60117] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20932] [[Page 60115]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0206] 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 12 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 30, 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-2016-0206 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 12 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 Timothy D. Beaulier Mr. Beaulier, 58, has had a macular scar in his right eye due to a traumatic incident in 1971. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``Tim does well as a monocular patient. I feel he will have no issues on the roadway based on visual demands. I do not see any issue with Tim Beaulier's ability to safely operate a commercial vehicle at this time.'' Mr. Beaulier reported that he has driven straight trucks for 30 years, accumulating 15,000 miles and tractor-trailer combinations for 14 years, accumulating 218,400 miles. He holds a Class CA CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Earl D. Edland Mr. Edland, 71, has complete loss of vision in his right eye since childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/25. Following an examination in 2015, his ophthalmologist stated, ``His visual status has been stable for many years . . . Mr. Edland appears to be functioning well and it is my opinion that he is capable of operating a commercial motor vehicle in traffic.'' Mr. Eldand reported that he has driven straight trucks for 50 years, accumulating 1.3 million miles. He holds a Class B CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David M. Field Mr. Field, 50, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/ 15. Following an examination in 2016, his ophthalmologist stated, ``Where he has been functioning successfully with excellent central and peripheral vision under binocular conditions, it is my opinion that he has more than sufficient vision to continue to perform the driving tasks required to operate a commercial vehicle.'' Mr. Field reported that he has driven straight trucks for 30 years, accumulating 1.5 million miles and tractor-trailer combinations for 30 years, accumulating 1.5 million 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. Jerry D. Gartman Mr. Gartman, 60, has had amblyopia in his right eye since childhood. 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 medical opinion, Mr. Gartman has sufficient vision to perform the driving tasks required to operate a [[Page 60116]] commercial vehicle.'' Mr. Gartman reported that he has driven straight trucks for 3 years, accumulating 90,000 miles and tractor-trailer combinations for 14 years, accumulating 700,000 miles. He holds a Class AM CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. William I. Inskeep Mr. Inskeep, 57, has glaucoma in his right eye due to a traumatic incident in 2009. The visual acuity in his right eye is 20/70, and in his left eye, 20/15. Following an examination in 2016, his optometrist stated, ``Mr. Inskeep has been able to drive a commercial vehicle over the years and could continue to do so since his glaucoma is stable and unchanged since 2009.'' Mr. Inskeep reported that he has driven straight trucks for 27 years, accumulating 810,000 miles, and tractor- trailer combinations for 3 years, accumulating 45,000 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. Spencer B. Jacobs Mr. Jacobs, 41, 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, ``It is my expert opinion that Spencer Jacobs has sufficient vision to operate a commercial vehicle.'' Mr. Jacobs reported that he has driven tractor- trailer combinations for 3 years, accumulating 22,500 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Edison Joe Mr. Joe, 62, has had anisometropia and amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/40, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``From a vision standpoint only, Mr. Joe has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Joe reported that he has driven straight trucks for 10 years, accumulating 260,000 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. Duane A. McCord Mr. McCord, 49, has a prosthesis in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``Based on all of the findings, I have determined that Mr. McCord does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. McCord reported that he has driven straight trucks for 10 years, accumulating 500,000 miles. He holds an operator's license from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Odilio Monterroso De Leon Mr. Monterroso De Leon, 44, has had a prosthetic in his left eye due to a traumatic incident in birth. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ``I certify that in my medical opinion, Mr. Monterroso has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Monterroso De Leon reported that he has driven straight trucks for 15 years, accumulating 1.88 million miles. He holds an operator's license from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James M. Moore Mr. Moore, 74, has a prosthetic in his left eye due to a traumatic incident in 1976. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ``I certify from the above qualifications that Mr. Moore has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Moore reported that he has driven tractor-trailer combinations for 30 years, accumulating 3.12 million miles. He holds a Class A CDL from Mississippi. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Raymond White Mr. White, 58, has a retinal detachment in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2015, his ophthalmologist stated, ``I would consider that Mr. White has adequate vision to perform driving tests [sic] and to operate a commercial vehicle.'' Mr. White reported that he has driven tractor-trailer combinations for 38 years, accumulating 4.94 million miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Brian C. Wittenburg Mr. Wittenburg, 43, had a cerebrovascular accident in his right eye in 2006. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2016, his ophthalmologist stated, ``Mr. Wittenburg has sufficient vision to continue to operate a commercial vehicle.'' Mr. Wittenburg reported that he has driven straight trucks for 20 years, accumulating 500,000 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. 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-2016-0206 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. [[Page 60117]] 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-2016-0206 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: August 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-20932 Filed 8-30-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices 60115
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of stated, ‘‘Tim does well as a monocular
the West Building, 1200 New Jersey patient. I feel he will have no issues on
Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 the roadway based on visual demands.
Administration a.m. and 5 p.m., Monday through I do not see any issue with Tim
Friday, except Federal holidays. The Beaulier’s ability to safely operate a
[Docket No. FMCSA–2016–0206]
FDMS is available 24 hours each day, commercial vehicle at this time.’’ Mr.
Qualification of Drivers; Exemption 365 days each year. If you want Beaulier reported that he has driven
Applications; Vision acknowledgment that we received your straight trucks for 30 years,
comments, please include a self- accumulating 15,000 miles and tractor-
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or trailer combinations for 14 years,
Administration (FMCSA), DOT. postcard or print the acknowledgement accumulating 218,400 miles. He holds a
ACTION: Notice of applications for page that appears after submitting Class CA CDL from Michigan. His
exemptions; request for comments. comments on-line. driving record for the last 3 years shows
Privacy Act: In accordance with 5 no crashes and no convictions for
SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments moving violations in a CMV.
applications from 12 individuals for from the public to better inform its
Earl D. Edland
exemption from the vision requirement rulemaking process. DOT posts these
in the Federal Motor Carrier Safety comments, without edit, including any Mr. Edland, 71, has complete loss of
Regulations. They are unable to meet personal information the commenter vision in his right eye since childhood.
the vision requirement in one eye for provides, to www.regulations.gov, as The visual acuity in his right eye is no
various reasons. The exemptions will described in the system of records light perception, and in his left eye, 20/
enable these individuals to operate notice (DOT/ALL–14 FDMS), which can 25. Following an examination in 2015,
commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy. his ophthalmologist stated, ‘‘His visual
interstate commerce without meeting FOR FURTHER INFORMATION CONTACT:
status has been stable for many years
the prescribed vision requirement in Christine A. Hydock, Chief, Medical . . . Mr. Edland appears to be
one eye. If granted, the exemptions Programs Division, (202) 366–4001, functioning well and it is my opinion
would enable these individuals to fmcsamedical@dot.gov, FMCSA, that he is capable of operating a
qualify as drivers of commercial motor Department of Transportation, 1200 commercial motor vehicle in traffic.’’
vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64– Mr. Eldand reported that he has driven
DATES: Comments must be received on 113, Washington, DC 20590–0001. straight trucks for 50 years,
or before September 30, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t., accumulating 1.3 million miles. He
comments will be investigated by Monday through Friday, except Federal holds a Class B CDL from Minnesota.
FMCSA. The exemptions will be issued holidays. If you have questions His driving record for the last 3 years
the day after the comment period closes. regarding viewing or submitting shows no crashes and no convictions for
material to the docket, contact Docket moving violations in a CMV.
ADDRESSES: You may submit comments
bearing the Federal Docket Management Services, telephone (202) 366–9826. David M. Field
System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: Mr. Field, 50, has had amblyopia in
2016–0206 using any of the following I. Background his right eye since childhood. The
methods: visual acuity in his right eye is 20/400,
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
and in his left eye, 20/15. Following an
http://www.regulations.gov. Follow the FMCSA may grant an exemption from
examination in 2016, his
on-line instructions for submitting the Federal Motor Carrier Safety
ophthalmologist stated, ‘‘Where he has
comments. Regulations for a 2-year period if it finds
been functioning successfully with
• Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
excellent central and peripheral vision
U.S. Department of Transportation, 1200 level of safety that is equivalent to or
under binocular conditions, it is my
New Jersey Avenue SE., West Building greater than the level that would be
opinion that he has more than sufficient
Ground Floor, Room W12–140, achieved absent such exemption.’’
vision to continue to perform the
Washington, DC 20590–0001. FMCSA can renew exemptions at the
driving tasks required to operate a
• Hand Delivery: West Building end of each 2-year period. The 12
commercial vehicle.’’ Mr. Field reported
Ground Floor, Room W12–140, 1200 individuals listed in this notice have
that he has driven straight trucks for 30
New Jersey Avenue SE., Washington, each requested such an exemption from
years, accumulating 1.5 million miles
DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR
and tractor-trailer combinations for 30
through Friday, except Federal 391.41(b)(10), which applies to drivers
years, accumulating 1.5 million miles.
Holidays. of CMVs in interstate commerce.
He holds a Class AMC CDL from New
• Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
Hampshire. His driving record for the
Instructions: Each submission must the qualifications of each applicant to
last 3 years shows no crashes and no
include the Agency name and the determine whether granting an
convictions for moving violations in a
docket numbers for this notice. Note exemption will achieve the required
CMV.
that all comments received will be level of safety mandated by statute.
posted without change to http:// Jerry D. Gartman
II. Qualifications of Applicants
www.regulations.gov, including any Mr. Gartman, 60, has had amblyopia
mstockstill on DSK3G9T082PROD with NOTICES
personal information provided. Please Timothy D. Beaulier in his right eye since childhood. The
see the Privacy Act heading below for Mr. Beaulier, 58, has had a macular visual acuity in his right eye is 20/70,
further information. scar in his right eye due to a traumatic and in his left eye, 20/20. Following an
Docket: For access to the docket to incident in 1971. The visual acuity in examination in 2016, his optometrist
read background documents or his right eye is light perception, and in stated, ‘‘In my medical opinion, Mr.
comments, go to http:// his left eye, 20/20. Following an Gartman has sufficient vision to perform
www.regulations.gov at any time or examination in 2016, his optometrist the driving tasks required to operate a
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![60116 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
commercial vehicle.’’ Mr. Gartman Duane A. McCord vehicle.’’ Mr. White reported that he has
reported that he has driven straight Mr. McCord, 49, has a prosthesis in driven tractor-trailer combinations for
trucks for 3 years, accumulating 90,000 his right eye due to a traumatic incident 38 years, accumulating 4.94 million
miles and tractor-trailer combinations in childhood. The visual acuity in his miles. He holds a Class A CDL from
for 14 years, accumulating 700,000 right eye is no light perception, and in North Carolina. His driving record for
miles. He holds a Class AM CDL from his left eye, 20/20. Following an the last 3 years shows no crashes and no
Texas. His driving record for the last 3 examination in 2016, his optometrist convictions for moving violations in a
years shows no crashes and no stated, ‘‘Based on all of the findings, I CMV.
convictions for moving violations in a have determined that Mr. McCord does Brian C. Wittenburg
CMV. have sufficient vision to perform the
driving tasks required to operate a Mr. Wittenburg, 43, had a
William I. Inskeep commercial vehicle.’’ Mr. McCord cerebrovascular accident in his right eye
reported that he has driven straight in 2006. The visual acuity in his right
Mr. Inskeep, 57, has glaucoma in his eye is counting fingers, and in his left
right eye due to a traumatic incident in trucks for 10 years, accumulating
500,000 miles. He holds an operator’s eye, 20/20. Following an examination in
2009. The visual acuity in his right eye 2016, his ophthalmologist stated, ‘‘Mr.
license from Illinois. His driving record
is 20/70, and in his left eye, 20/15. Wittenburg has sufficient vision to
for the last 3 years shows no crashes and
Following an examination in 2016, his continue to operate a commercial
no convictions for moving violations in
optometrist stated, ‘‘Mr. Inskeep has a CMV. vehicle.’’ Mr. Wittenburg reported that
been able to drive a commercial vehicle he has driven straight trucks for 20
over the years and could continue to do Odilio Monterroso De Leon years, accumulating 500,000 miles. He
so since his glaucoma is stable and Mr. Monterroso De Leon, 44, has had holds an operator’s license from North
unchanged since 2009.’’ Mr. Inskeep a prosthetic in his left eye due to a Carolina. His driving record for the last
reported that he has driven straight traumatic incident in birth. The visual 3 years shows no crashes and no
trucks for 27 years, accumulating acuity in his right eye is 20/20, and in convictions for moving violations in a
810,000 miles, and tractor-trailer his left eye, no light perception. CMV.
combinations for 3 years, accumulating Following an examination in 2016, his
45,000 miles. He holds a Class A CDL optometrist stated, ‘‘I certify that in my III. Public Participation and Request for
from Ohio. His driving record for the medical opinion, Mr. Monterroso has Comments
last 3 years shows no crashes and no sufficient vision to perform the driving FMCSA encourages you to participate
convictions for moving violations in a tasks required to operate a commercial by submitting comments and related
CMV. vehicle.’’ Mr. Monterroso De Leon materials.
reported that he has driven straight
Spencer B. Jacobs trucks for 15 years, accumulating 1.88 Submitting Comments
million miles. He holds an operator’s If you submit a comment, please
Mr. Jacobs, 41, has had amblyopia in
license from Texas. His driving record include the docket number for this
his left eye since childhood. The visual
for the last 3 years shows no crashes and notice, indicate the specific section of
acuity in his right eye is 20/20, and in no convictions for moving violations in
his left eye, 20/70. Following an this document to which each comment
a CMV. applies, and provide a reason for each
examination in 2016, his optometrist
stated, ‘‘It is my expert opinion that James M. Moore suggestion or recommendation. You
Spencer Jacobs has sufficient vision to may submit your comments and
Mr. Moore, 74, has a prosthetic in his
operate a commercial vehicle.’’ Mr. material online or by fax, mail, or hand
left eye due to a traumatic incident in
Jacobs reported that he has driven delivery, but please use only one of
1976. The visual acuity in his right eye
tractor-trailer combinations for 3 years, these means. FMCSA recommends that
is 20/20, and in his left eye, no light
accumulating 22,500 miles. He holds a you include your name and a mailing
perception. Following an examination
address, an email address, or a phone
Class A CDL from Texas. His driving in 2016, his optometrist stated, ‘‘I certify
from the above qualifications that Mr. number in the body of your document
record for the last 3 years shows no
Moore has sufficient vision to perform so the Agency can contact you if it has
crashes and no convictions for moving
the driving tasks required to operate a questions regarding your submission.
violations in a CMV.
commercial vehicle.’’ Mr. Moore To submit your comment online, go to
Edison Joe reported that he has driven tractor- http://www.regulations.gov and put the
trailer combinations for 30 years, docket number FMCSA–2016–0206 in
Mr. Joe, 62, has had anisometropia the ‘‘Keyword’’ box, and click ‘‘Search.’’
accumulating 3.12 million miles. He
and amblyopia in his right eye since When the new screen appears, click on
holds a Class A CDL from Mississippi.
childhood. The visual acuity in his right ‘‘Comment Now!’’ button and type your
His driving record for the last 3 years
eye is 20/40, and in his left eye, 20/20. comment into the text box in the
shows no crashes and no convictions for
Following an examination in 2016, his moving violations in a CMV. following screen. Choose whether you
optometrist stated, ‘‘From a vision are submitting your comment as an
standpoint only, Mr. Joe has sufficient Raymond White individual or on behalf of a third party
vision to perform the driving tasks Mr. White, 58, has a retinal and then submit. If you submit your
required to operate a commercial detachment in his right eye since comments by mail or hand delivery,
mstockstill on DSK3G9T082PROD with NOTICES
vehicle.’’ Mr. Joe reported that he has childhood. The visual acuity in his right submit them in an unbound format, no
driven straight trucks for 10 years, eye is counting fingers, and in his left larger than 81⁄2 by 11 inches, suitable for
accumulating 260,000 miles. He holds eye, 20/20. Following an examination in copying and electronic filing. If you
an operator’s license from New Mexico. 2015, his ophthalmologist stated, ‘‘I submit comments by mail and would
His driving record for the last 3 years would consider that Mr. White has like to know that they reached the
shows no crashes and no convictions for adequate vision to perform driving tests facility, please enclose a stamped, self-
moving violations in a CMV. [sic] and to operate a commercial addressed postcard or envelope.
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![Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices 60117
FMCSA will consider all comments Department of Transportation, 1200 without corrective lenses or visual
and material received during the New Jersey Avenue SE., Room W64– acuity separately corrected to 20/40
comment period. FMCSA may issue a 113, Washington, DC 20590–0001. (Snellen) or better with corrective
final determination at any time after the Office hours are 8:30 a.m. to 5 p.m., e.t., lenses, distant binocular acuity of a least
close of the comment period. Monday through Friday, except Federal 20/40 (Snellen) in both eyes with or
holidays. If you have questions without corrective lenses, field of vision
Viewing Comments and Documents of at least 70° in the horizontal meridian
regarding viewing or submitting
To view comments, as well as material to the docket, contact Docket in 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)).
the docket number FMCSA–2016–0206 I. Electronic Access FMCSA recognizes that some drivers
in the ‘‘Keyword’’ box and click You may see all the comments online do not meet the vision requirement but
‘‘Search.’’ Next, click ‘‘Open Docket through the Federal Document have adapted their driving to
Folder’’ button and choose the Management System (FDMS) at http:// accommodate their vision limitation
document listed to review. If you do not www.regulations.gov. and demonstrated their ability to drive
have access to the Internet, you may Docket: For access to the docket to safely. The 30 exemption applicants
view the docket online by visiting the read background documents or listed in this notice are in this category.
Docket Management Facility in Room comments, go to http:// They are unable to meet the vision
W12–140 on the ground floor of the www.regulations.gov and/or Room requirement in one eye for various
DOT West Building, 1200 New Jersey W12–140 on the ground level of the reasons, including amblyopia,
Avenue SE., Washington, DC 20590, West Building, 1200 New Jersey Avenue anisometropic amblyopia, chorioretinal
between 9 a.m. and 5 p.m., e.t., Monday SE., Washington, DC, between 9 a.m. scar, chronic rhegmatagenous, complete
through Friday, except Federal holidays. and 5 p.m., Monday through Friday, loss of vision, corneal scar, enucleation,
except Federal holidays. glaucoma, hyperopic astigmatism,
Issued on: August 19, 2016.
Privacy Act: In accordance with 5 macular degeneration, macular hole,
Larry W. Minor,
U.S.C. 553(c), DOT solicits comments macular pucker, ocular damage, optic
Associate Administrator for Policy. from the public to better inform its atrophy, optic nerve atrophy, optic
[FR Doc. 2016–20932 Filed 8–30–16; 8:45 am] rulemaking process. DOT posts these neuritis, prosthetic eye, retinal
BILLING CODE 4910–EX–P comments, without edit, including any detachment, retinal hole, retinal scar,
personal information the commenter and toxoplasmosis. In most cases, their
provides, to www.regulations.gov, as eye conditions were not recently
DEPARTMENT OF TRANSPORTATION described in the system of records developed. Fourteen of the applicants
notice (DOT/ALL–14 FDMS), which can were either born with their vision
Federal Motor Carrier Safety impairments or have had them since
Administration be reviewed at www.dot.gov/privacy.
childhood.
[Docket No. FMCSA–2015–0344] II. Background The 16 individuals that sustained
On December 8, 2015, FMCSA their vision conditions as adults have
Qualification of Drivers; Exemption published a notice of receipt of had it for a range of 3 to 21 years.
Applications; Vision exemption applications from certain Although each applicant has one eye
individuals, and requested comments which does not meet the vision
AGENCY: Federal Motor Carrier Safety requirement in 49 CFR 391.41(b)(10),
Administration (FMCSA), DOT. from the public (80 FR 76345). That
notice listed 30 applicants’ case each has at least 20/40 corrected vision
ACTION: Notice of final disposition. in the other eye, and in a doctor’s
histories. The 30 individuals applied for
exemptions from the vision requirement opinion, has sufficient vision to perform
SUMMARY: FMCSA announces its
in 49 CFR 391.41(b)(10), for drivers who all the tasks necessary to operate a CMV.
decision to exempt 30 individuals from
operate CMVs in interstate commerce. Doctors’ opinions are supported by the
the vision requirement in the Federal
Under 49 U.S.C. 31136(e) and 31315, applicants’ possession of valid
Motor Carrier Safety Regulations
FMCSA may grant an exemption for a 2- commercial driver’s licenses (CDLs) or
(FMCSRs). They are unable to meet the
year period if it finds ‘‘such exemption non-CDLs to operate CMVs. Before
vision requirement in one eye for
would likely achieve a level of safety issuing CDLs, States subject drivers to
various reasons. The exemptions will
that is equivalent to or greater than the knowledge and skills tests designed to
enable these individuals to operate
level that would be achieved absent evaluate their qualifications to operate a
commercial motor vehicles (CMVs) in
such exemption.’’ The statute also CMV.
interstate commerce without meeting All of these applicants satisfied the
the prescribed vision requirement in allows the Agency to renew exemptions
at the end of the 2-year period. testing requirements for their State of
one eye. The Agency has concluded that residence. By meeting State licensing
granting these exemptions will provide Accordingly, FMCSA has evaluated the
30 applications on their merits and requirements, the applicants
a level of safety that is equivalent to or demonstrated their ability to operate a
greater than the level of safety made a determination to grant
exemptions to each of them. CMV, with their limited vision, to the
maintained without the exemptions for satisfaction of the State.
these CMV drivers. III. Vision and Driving Experience of While possessing a valid CDL or non-
mstockstill on DSK3G9T082PROD with NOTICES
DATES: The exemptions were granted the Applicants CDL, these 30 drivers have been
January 8, 2016. The exemptions expire The vision requirement in the authorized to drive a CMV in intrastate
on January 8, 2018. FMCSRs provides: commerce, even though their vision
FOR FURTHER INFORMATION CONTACT: A person is physically qualified to disqualified them from driving in
Christine A. Hydock, Chief, Medical drive a commercial motor vehicle if that interstate commerce. They have driven
Programs Division, (202) 366–4001, person has distant visual acuity of at CMVs with their limited vision in
fmcsamedical@dot.gov, FMCSA, least 20/40 (Snellen) in each eye careers ranging for 3 to 56 years. In the
VerDate Sep<11>2014 21:59 Aug 30, 2016 Jkt 238001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1](https://thefederalregister.org/doc/81_FR_60284/page/3.svg)
Document Created: 2018-02-02 12:15:15
Document Modified: 2018-02-02 12:15:15
| 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 30, 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 60115 |
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