81_FR_70447 81 FR 70251 - Qualification of Drivers; Exemption Applications; Vision

81 FR 70251 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70251-70253
FR Document2016-24452

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.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70251-70253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24452]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0209]


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 November 10, 2016. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0209 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: Ms. 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.

[[Page 70252]]

II. Qualifications of Applicants

Robert A. Andersen

    Mr. Andersen, 81, has a prosthetic left eye due to a traumatic 
incident in 2011. The visual acuity in his right eye is 20/25, and in 
his left eye, no light perception. Following an examination in 2016, 
his ophthalmologist stated, ``Mr. Andersen functions well with 
activities of daily living including but not limited to sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Andersen reported that he has driven straight trucks for 
64 years, accumulating 30 million miles, and tractor-trailer 
combinations for 58 years, accumulating 5.6 million miles. He holds a 
Class A CDL from California. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Daniel L. Bawden

    Mr. Bawden, 71, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/300. 
Following an examination in 2016, his optometrist stated, ``In my 
professional opinion, the scotoma in his left eye is so small that he 
can safely operate a commercial vehicle.'' Mr. Bawden reported that he 
has driven straight trucks for 7 years, accumulating 21,000 miles, and 
tractor-trailer combinations for 43 years, accumulating 3.2 million 
miles. He holds a Class A CDL from Illinois. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Kelly L. Ewing

    Mr. Ewing, 47, has had complete loss of vision in his left eye due 
to a traumatic incident in 1999. 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, ``In my medical opinion, I 
do believe that Mr. [sic] Ewing has sufficient vision to perform the 
driving tasks required of him to operate a commercial vehicle.'' Mr. 
Ewing reported that he has driven straight trucks for 30 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 23 
years, accumulating 548,550 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.

Joseph G. Fischer

    Mr. Fischer, 52, has a corneal scar in his left eye due to a 
traumatic incident in 2013. The visual acuity in his right eye is 20/
15, and in his left eye, count fingers. Following an examination in 
2016, his ophthalmologist stated, ``I believe Mr. Fischer is capable to 
return to work as a commercial driver despite the vision impairment of 
the left eye.'' Mr. Fischer reported that he has driven straight trucks 
for 33 years, accumulating 495,000 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.

Nylo K. Helberg

    Mr. Helberg, 26, 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/
100. Following an examination in 2016, his optometrist stated, ``In my 
opinion, his condition will not affect his ability to safely operate a 
commercial vehicle.'' Mr. Helberg reported that he has driven straight 
trucks for 4 years, accumulating 240,000 miles. He holds an operator's 
license from North Dakota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

J. Willard Keener

    Mr. Keener, 58, has had strabismus in his right eye since 
childhood. The visual acuity in his right eye is hand motion, and in 
his left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``In my opinion, Mr. Keener has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Keener reported that he has driven straight trucks for 30 years, 
accumulating 360,000 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.

Billy R. McLaurin

    Mr. McLaurin, 69, has had a retinal scar in his right eye since 
childhood. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/30. Following an examination in 2016, his ophthalmologist 
stated, ``In conclusion, it is my opinion that the ophthalmic findings 
in the above gentleman's right eye are chronic and stable and do not 
seem to significantly impact his capacity to operate a commercial 
vehicle.'' Mr. McLaurin reported that he has driven buses for 19 years, 
accumulating 141,246 miles. He holds a Class CB CDL from Delaware. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jason R. Raml

    Mr. Raml, 37, 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, ``I feel 
that Jason has sufficient vision to safely operate a commercial 
vehicle.'' Mr. Raml reported that he has driven straight trucks for 25 
years, accumulating 75,000 miles, and tractor-trailer combinations for 
12 years, accumulating 85,000 miles. He holds a Class A CDL from South 
Dakota. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Alfred L. Robinson

    Mr. Robinson, 59, has had a prosthetic left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, no 
light perception. Following an examination in 2016, his optometrist 
stated, ``If correctable to 20/20 in the right eye and 150 degree field 
of vision satisfies your requirements to be able to operate a 
commercial vehicle, then Alfred L. Robinson meets those requirements.'' 
Mr. Robinson reported that he has driven straight trucks for 15 years, 
accumulating 135,000 miles, and tractor-trailer combinations for 15 
years, accumulating 180,000 miles. He holds a Class A CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jerry L. Smith

    Mr. Smith, 52, has had a prosthetic right eye since childhood. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``I certify that in Dr. Timothy Wilson's medical opinion, Jerry L. 
Smith has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven 
straight trucks for 15 years, accumulating 450,000 miles, and tractor-
trailer combinations for 15 years, accumulating 450,000 miles. He holds 
a Class A M2 CDL from Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Danny R. Tate

    Mr. Tate, 39, has a prosthetic left eye due to a traumatic incident 
in 2007. 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, ``It is my opinion that he has sufficient vision to 
safely perform the driving tasks required to

[[Page 70253]]

operate a commercial vehicle without restriction.'' Mr. Tate reported 
that he has driven straight trucks for 15 years, accumulating 165,000 
miles. He holds an operator's license from Virginia. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Larry K. Zielinski

    Mr. Zielinski, 69, has age related macular degeneration in his 
right eye since 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, ``In my medical opinion, Larry Zielinski 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Zielinski reported that he has driven 
tractor-trailer combinations for 45 years, accumulating 1.8 million 
miles. He holds a Class A CDL from Oregon. 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-2016-0209 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-2016-0209 in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: September 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24452 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                           70251

                                                    III. Public Participation and Request for                 Issued on: September 29, 2016.                      personal information provided. Please
                                                    Comments                                                Larry W. Minor,                                       see the Privacy Act heading below for
                                                                                                            Associate Administrator for Policy.                   further information.
                                                      FMCSA encourages you to participate
                                                    by submitting comments and related
                                                                                                            [FR Doc. 2016–24465 Filed 10–7–16; 8:45 am]              Docket: For access to the docket to
                                                                                                            BILLING CODE 4910–EX–P                                read background documents or
                                                    materials.
                                                                                                                                                                  comments, go to http://
                                                    Submitting Comments                                                                                           www.regulations.gov at any time or
                                                                                                            DEPARTMENT OF TRANSPORTATION                          Room W12–140 on the ground level of
                                                       If you submit a comment, please                                                                            the West Building, 1200 New Jersey
                                                    include the docket number for this                      Federal Motor Carrier Safety
                                                                                                                                                                  Avenue SE., Washington, DC, between 9
                                                    notice, indicate the specific section of                Administration
                                                                                                                                                                  a.m. and 5 p.m., Monday through
                                                    this document to which each comment                     [Docket No. FMCSA–2016–0209]                          Friday, except Federal holidays. The
                                                    applies, and provide a reason for each                                                                        FDMS is available 24 hours each day,
                                                    suggestion or recommendation. You                       Qualification of Drivers; Exemption                   365 days each year. If you want
                                                    may submit your comments and                            Applications; Vision                                  acknowledgment that we received your
                                                    material online or by fax, mail, or hand                                                                      comments, please include a self-
                                                                                                            AGENCY: Federal Motor Carrier Safety
                                                    delivery, but please use only one of                                                                          addressed, stamped envelope or
                                                                                                            Administration (FMCSA), DOT.
                                                    these means. FMCSA recommends that                                                                            postcard or print the acknowledgement
                                                    you include your name and a mailing                     ACTION: Notice of applications for
                                                                                                                                                                  page that appears after submitting
                                                    address, an email address, or a phone                   exemptions; request for comments.                     comments on-line.
                                                    number in the body of your document                     SUMMARY:   FMCSA announces receipt of                    Privacy Act: In accordance with 5
                                                    so the Agency can contact you if it has                 applications from 12 individuals for                  U.S.C. 553(c), DOT solicits comments
                                                    questions regarding your submission.                    exemption from the vision requirement                 from the public to better inform its
                                                       To submit your comment online, go to                 in the Federal Motor Carrier Safety                   rulemaking process. DOT posts these
                                                    http://www.regulations.gov and put the                  Regulations. They are unable to meet                  comments, without edit, including any
                                                    docket number FMCSA–2016–0207 in                        the vision requirement in one eye for                 personal information the commenter
                                                    the ‘‘Keyword’’ box, and click ‘‘Search.                various reasons. The exemptions will                  provides, to www.regulations.gov, as
                                                    When the new screen appears, click on                   enable these individuals to operate                   described in the system of records
                                                    ‘‘Comment Now!’’ button and type your                   commercial motor vehicles (CMVs) in                   notice (DOT/ALL–14 FDMS), which can
                                                    comment into the text box in the                        interstate commerce without meeting                   be reviewed at www.dot.gov/privacy.
                                                    following screen. Choose whether you                    the prescribed vision requirement in
                                                                                                            one eye. If granted, the exemptions                   FOR FURTHER INFORMATION CONTACT:     Ms.
                                                    are submitting your comment as an                                                                             Christine A. Hydock, Chief, Medical
                                                    individual or on behalf of a third party                would enable these individuals to
                                                                                                            qualify as drivers of commercial motor                Programs Division, (202) 366–4001,
                                                    and then submit. If you submit your                                                                           fmcsamedical@dot.gov, FMCSA,
                                                    comments by mail or hand delivery,                      vehicles (CMVs) in interstate commerce.
                                                                                                                                                                  Department of Transportation, 1200
                                                    submit them in an unbound format, no                    DATES: Comments must be received on
                                                                                                                                                                  New Jersey Avenue SE., Room W64–
                                                    larger than 81⁄2 by 11 inches, suitable for             or before November 10, 2016. All                      113, Washington, DC 20590–0001.
                                                    copying and electronic filing. If you                   comments will be investigated by                      Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    submit comments by mail and would                       FMCSA. The exemptions will be issued                  Monday through Friday, except Federal
                                                    like to know that they reached the                      the day after the comment period closes.              holidays. If you have questions
                                                    facility, please enclose a stamped, self-               ADDRESSES: You may submit comments                    regarding viewing or submitting
                                                    addressed postcard or envelope.                         bearing the Federal Docket Management                 material to the docket, contact Docket
                                                       FMCSA will consider all comments                     System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                                    and material received during the                        2016–0209 using any of the following
                                                                                                            methods:                                              SUPPLEMENTARY INFORMATION:
                                                    comment period. FMCSA may issue a
                                                    final determination at any time after the                 • Federal eRulemaking Portal: Go to                 I. Background
                                                    close of the comment period.                            http://www.regulations.gov. Follow the
                                                                                                            on-line instructions for submitting                      Under 49 U.S.C. 31136(e) and 31315,
                                                    Viewing Comments and Documents                          comments.                                             FMCSA may grant an exemption from
                                                                                                              • Mail: Docket Management Facility;                 the Federal Motor Carrier Safety
                                                       To view comments, as well as                         U.S. Department of Transportation, 1200               Regulations for a 2-year period if it finds
                                                    documents mentioned in this preamble                    New Jersey Avenue SE., West Building                  ‘‘such exemption would likely achieve a
                                                    as being available in the docket, go to                 Ground Floor, Room W12–140,                           level of safety that is equivalent to or
                                                    http://www.regulations.gov and insert                   Washington, DC 20590–0001.                            greater than the level that would be
                                                    the docket number FMCSA–2016–0207                         • Hand Delivery: West Building                      achieved absent such exemption.’’
                                                    in the ‘‘Keyword’’ box and click                        Ground Floor, Room W12–140, 1200                      FMCSA can renew exemptions at the
                                                    ‘‘Search.’’ Next, click ‘‘Open Docket                   New Jersey Avenue SE., Washington,                    end of each 2-year period. The 12
                                                    Folder’’ button and choose the                          DC, between 9 a.m. and 5 p.m., Monday                 individuals listed in this notice have
                                                    document listed to review. If you do not                through Friday, except Federal                        each requested such an exemption from
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    have access to the Internet, you may                    Holidays.                                             the vision requirement in 49 CFR
                                                    view the docket online by visiting the                    • Fax: 1–202–493–2251.                              391.41(b)(10), which applies to drivers
                                                    Docket Management Facility in Room                        Instructions: Each submission must                  of CMVs in interstate commerce.
                                                    W12–140 on the ground floor of the                      include the Agency name and the                       Accordingly, the Agency will evaluate
                                                    DOT West Building, 1200 New Jersey                      docket numbers for this notice. Note                  the qualifications of each applicant to
                                                    Avenue SE., Washington, DC 20590,                       that all comments received will be                    determine whether granting an
                                                    between 9 a.m. and 5 p.m., e.t., Monday                 posted without change to http://                      exemption will achieve the required
                                                    through Friday, except Federal holidays.                www.regulations.gov, including any                    level of safety mandated by statute.


                                               VerDate Sep<11>2014   20:12 Oct 07, 2016   Jkt 241001   PO 00000   Frm 00167   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                                    70252                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    II. Qualifications of Applicants                        eye is 20/15, and in his left eye, count              Jason R. Raml
                                                                                                            fingers. Following an examination in                     Mr. Raml, 37, has had amblyopia in
                                                    Robert A. Andersen
                                                                                                            2016, his ophthalmologist stated, ‘‘I                 his left eye since childhood. The visual
                                                       Mr. Andersen, 81, has a prosthetic left              believe Mr. Fischer is capable to return              acuity in his right eye is 20/20, and in
                                                    eye due to a traumatic incident in 2011.                to work as a commercial driver despite                his left eye, 20/400. Following an
                                                    The visual acuity in his right eye is 20/               the vision impairment of the left eye.’’              examination in 2016, his optometrist
                                                    25, and in his left eye, no light                       Mr. Fischer reported that he has driven               stated, ‘‘I feel that Jason has sufficient
                                                    perception. Following an examination                    straight trucks for 33 years,                         vision to safely operate a commercial
                                                    in 2016, his ophthalmologist stated,                    accumulating 495,000 miles. He holds a                vehicle.’’ Mr. Raml reported that he has
                                                    ‘‘Mr. Andersen functions well with                      Class A CDL from Missouri. His driving                driven straight trucks for 25 years,
                                                    activities of daily living including but                record for the last 3 years shows no                  accumulating 75,000 miles, and tractor-
                                                    not limited to sufficient vision to                     crashes and no convictions for moving                 trailer combinations for 12 years,
                                                    perform the driving tasks required to                   violations in a CMV.                                  accumulating 85,000 miles. He holds a
                                                    operate a commercial vehicle.’’ Mr.                                                                           Class A CDL from South Dakota. His
                                                    Andersen reported that he has driven                    Nylo K. Helberg
                                                                                                                                                                  driving record for the last 3 years shows
                                                    straight trucks for 64 years,                              Mr. Helberg, 26, has had amblyopia in              no crashes and no convictions for
                                                    accumulating 30 million miles, and                      his left eye since childhood. The visual              moving violations in a CMV.
                                                    tractor-trailer combinations for 58 years,              acuity in his right eye is 20/20, and in
                                                    accumulating 5.6 million miles. He                      his left eye, 20/100. Following an                    Alfred L. Robinson
                                                    holds a Class A CDL from California.                    examination in 2016, his optometrist                     Mr. Robinson, 59, has had a prosthetic
                                                    His driving record for the last 3 years                 stated, ‘‘In my opinion, his condition                left eye since childhood. The visual
                                                    shows no crashes and no convictions for                 will not affect his ability to safely                 acuity in his right eye is 20/20, and in
                                                    moving violations in a CMV.                             operate a commercial vehicle.’’ Mr.                   his left eye, no light perception.
                                                    Daniel L. Bawden                                        Helberg reported that he has driven                   Following an examination in 2016, his
                                                                                                            straight trucks for 4 years, accumulating             optometrist stated, ‘‘If correctable to 20/
                                                       Mr. Bawden, 71, has had amblyopia                                                                          20 in the right eye and 150 degree field
                                                                                                            240,000 miles. He holds an operator’s
                                                    in his left eye since birth. The visual                                                                       of vision satisfies your requirements to
                                                                                                            license from North Dakota. His driving
                                                    acuity in his right eye is 20/20, and in                                                                      be able to operate a commercial vehicle,
                                                                                                            record for the last 3 years shows no
                                                    his left eye, 20/300. Following an                                                                            then Alfred L. Robinson meets those
                                                                                                            crashes and no convictions for moving
                                                    examination in 2016, his optometrist                                                                          requirements.’’ Mr. Robinson reported
                                                                                                            violations in a CMV.
                                                    stated, ‘‘In my professional opinion, the                                                                     that he has driven straight trucks for 15
                                                    scotoma in his left eye is so small that                J. Willard Keener                                     years, accumulating 135,000 miles, and
                                                    he can safely operate a commercial                                                                            tractor-trailer combinations for 15 years,
                                                                                                               Mr. Keener, 58, has had strabismus in
                                                    vehicle.’’ Mr. Bawden reported that he                                                                        accumulating 180,000 miles. He holds a
                                                                                                            his right eye since childhood. The
                                                    has driven straight trucks for 7 years,                                                                       Class A CDL from Arkansas. His driving
                                                                                                            visual acuity in his right eye is hand
                                                    accumulating 21,000 miles, and tractor-                                                                       record for the last 3 years shows no
                                                                                                            motion, and in his left eye, 20/20.
                                                    trailer combinations for 43 years,                                                                            crashes and no convictions for moving
                                                                                                            Following an examination in 2016, his
                                                    accumulating 3.2 million miles. He                                                                            violations in a CMV.
                                                                                                            optometrist stated, ‘‘In my opinion, Mr.
                                                    holds a Class A CDL from Illinois. His
                                                                                                            Keener has sufficient vision to perform               Jerry L. Smith
                                                    driving record for the last 3 years shows
                                                                                                            the driving tasks required to operate a                  Mr. Smith, 52, has had a prosthetic
                                                    no crashes and no convictions for
                                                                                                            commercial vehicle.’’ Mr. Keener                      right eye since childhood. The visual
                                                    moving violations in a CMV.
                                                                                                            reported that he has driven straight                  acuity in his right eye is no light
                                                    Kelly L. Ewing                                          trucks for 30 years, accumulating                     perception, and in his left eye, 20/20.
                                                       Mr. Ewing, 47, has had complete loss                 360,000 miles. He holds an operator’s                 Following an examination in 2016, his
                                                    of vision in his left eye due to a                      license from Pennsylvania. His driving                optometrist stated, ‘‘I certify that in Dr.
                                                    traumatic incident in 1999. The visual                  record for the last 3 years shows no                  Timothy Wilson’s medical opinion,
                                                    acuity in his right eye is 20/20, and in                crashes and no convictions for moving                 Jerry L. Smith has sufficient vision to
                                                    his left eye, no light perception.                      violations in a CMV.                                  perform the driving tasks required to
                                                    Following an examination in 2016, his                   Billy R. McLaurin                                     operate a commercial vehicle.’’ Mr.
                                                    optometrist stated, ‘‘In my medical                                                                           Smith reported that he has driven
                                                    opinion, I do believe that Mr. [sic]                       Mr. McLaurin, 69, has had a retinal                straight trucks for 15 years,
                                                    Ewing has sufficient vision to perform                  scar in his right eye since childhood.                accumulating 450,000 miles, and
                                                    the driving tasks required of him to                    The visual acuity in his right eye is 20/             tractor-trailer combinations for 15 years,
                                                    operate a commercial vehicle.’’ Mr.                     400, and in his left eye, 20/30.                      accumulating 450,000 miles. He holds a
                                                    Ewing reported that he has driven                       Following an examination in 2016, his                 Class A M2 CDL from Virginia. His
                                                    straight trucks for 30 years,                           ophthalmologist stated, ‘‘In conclusion,              driving record for the last 3 years shows
                                                    accumulating 150,000 miles, and                         it is my opinion that the ophthalmic                  no crashes and no convictions for
                                                    tractor-trailer combinations for 23 years,              findings in the above gentleman’s right               moving violations in a CMV.
                                                    accumulating 548,550 miles. He holds                    eye are chronic and stable and do not
                                                                                                            seem to significantly impact his                      Danny R. Tate
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                                                    an operator’s license from Pennsylvania.
                                                    His driving record for the last 3 years                 capacity to operate a commercial                        Mr. Tate, 39, has a prosthetic left eye
                                                    shows no crashes and no convictions for                 vehicle.’’ Mr. McLaurin reported that he              due to a traumatic incident in 2007. The
                                                    moving violations in a CMV.                             has driven buses for 19 years,                        visual acuity in his right eye is 20/20,
                                                                                                            accumulating 141,246 miles. He holds a                and in his left eye, no light perception.
                                                    Joseph G. Fischer                                       Class CB CDL from Delaware. His                       Following an examination in 2016, his
                                                      Mr. Fischer, 52, has a corneal scar in                driving record for the last 3 years shows             optometrist stated, ‘‘It is my opinion
                                                    his left eye due to a traumatic incident                no crashes and no convictions for                     that he has sufficient vision to safely
                                                    in 2013. The visual acuity in his right                 moving violations in a CMV.                           perform the driving tasks required to


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                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                           70253

                                                    operate a commercial vehicle without                    facility, please enclose a stamped, self-             ADDRESSES:   You may submit comments
                                                    restriction.’’ Mr. Tate reported that he                addressed postcard or envelope.                       bearing the Federal Docket Management
                                                    has driven straight trucks for 15 years,                   FMCSA will consider all comments                   System (FDMS) Docket No. FMCSA–
                                                    accumulating 165,000 miles. He holds                    and material received during the                      2016–0208 using any of the following
                                                    an operator’s license from Virginia. His                comment period. FMCSA may issue a                     methods:
                                                    driving record for the last 3 years shows               final determination at any time after the               • Federal eRulemaking Portal: Go to
                                                    no crashes and no convictions for                       close of the comment period.                          http://www.regulations.gov. Follow the
                                                    moving violations in a CMV.                                                                                   on-line instructions for submitting
                                                                                                            Viewing Comments and Documents
                                                                                                                                                                  comments.
                                                    Larry K. Zielinski
                                                                                                               To view comments, as well as                         • Mail: Docket Management Facility;
                                                       Mr. Zielinski, 69, has age related                   documents mentioned in this preamble                  U.S. Department of Transportation, 1200
                                                    macular degeneration in his right eye                   as being available in the docket, go to               New Jersey Avenue, SE., West Building
                                                    since 2006. The visual acuity in his                    http://www.regulations.gov and insert                 Ground Floor, Room W12–140,
                                                    right eye is counting fingers, and in his               the docket number FMCSA–2016–0209                     Washington, DC 20590–0001.
                                                    left eye, 20/20. Following an                           in the ‘‘Keyword’’ box and click                        • Hand Delivery: West Building
                                                    examination in 2016, his                                ‘‘Search.’’ Next, click ‘‘Open Docket                 Ground Floor, Room W12–140, 1200
                                                    ophthalmologist stated, ‘‘In my medical                 Folder’’ button and choose the                        New Jersey Avenue SE., Washington,
                                                    opinion, Larry Zielinski has sufficient                 document listed to review. If you do not              DC, between 9 a.m. and 5 p.m., Monday
                                                    vision to perform the driving tasks                     have access to the Internet, you may                  through Friday, except Federal
                                                    required to operate a commercial                        view the docket online by visiting the                Holidays.
                                                    vehicle.’’ Mr. Zielinski reported that he               Docket Management Facility in Room                      • Fax: 1–202–493–2251.
                                                    has driven tractor-trailer combinations                 W12–140 on the ground floor of the                       Instructions: Each submission must
                                                    for 45 years, accumulating 1.8 million                  DOT West Building, 1200 New Jersey                    include the Agency name and the
                                                    miles. He holds a Class A CDL from                      Avenue SE., Washington, DC 20590,                     docket numbers for this notice. Note
                                                    Oregon. His driving record for the last                 between 9 a.m. and 5 p.m., e.t., Monday               that all comments received will be
                                                    3 years shows no crashes and no                         through Friday, except Federal holidays.              posted without change to http://
                                                    convictions for moving violations in a                    Issued on: September 29, 2016.                      www.regulations.gov, including any
                                                    CMV.                                                    Larry W. Minor,                                       personal information provided. Please
                                                                                                                                                                  see the Privacy Act heading below for
                                                    III. Public Participation and Request for               Associate Administrator for Policy.
                                                                                                                                                                  further information.
                                                    Comments                                                [FR Doc. 2016–24452 Filed 10–7–16; 8:45 am]
                                                                                                                                                                     Docket: For access to the docket to
                                                                                                            BILLING CODE 4910–EX–P
                                                      FMCSA encourages you to participate                                                                         read background documents or
                                                    by submitting comments and related                                                                            comments, go to http://
                                                    materials.                                                                                                    www.regulations.gov at any time or
                                                                                                            DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  Room W12–140 on the ground level of
                                                    Submitting Comments                                                                                           the West Building, 1200 New Jersey
                                                                                                            Federal Motor Carrier Safety
                                                       If you submit a comment, please                      Administration                                        Avenue SE., Washington, DC, between 9
                                                    include the docket number for this                                                                            a.m. and 5 p.m., Monday through
                                                    notice, indicate the specific section of                                                                      Friday, except Federal holidays. The
                                                                                                            [Docket No. FMCSA–2016–0208]
                                                    this document to which each comment                                                                           FDMS is available 24 hours each day,
                                                    applies, and provide a reason for each                  Qualification of Drivers; Exemption                   365 days each year. If you want
                                                    suggestion or recommendation. You                       Applications; Vision                                  acknowledgment that we received your
                                                    may submit your comments and                                                                                  comments, please include a self-
                                                    material online or by fax, mail, or hand                AGENCY: Federal Motor Carrier Safety                  addressed, stamped envelope or
                                                    delivery, but please use only one of                    Administration (FMCSA), DOT.                          postcard or print the acknowledgement
                                                    these means. FMCSA recommends that                      ACTION: Notice of applications for                    page that appears after submitting
                                                    you include your name and a mailing                     exemptions; request for comments.                     comments on-line.
                                                    address, an email address, or a phone                                                                            Privacy Act: In accordance with 5
                                                    number in the body of your document                     SUMMARY:   FMCSA announces receipt of                 U.S.C. 553(c), DOT solicits comments
                                                    so the Agency can contact you if it has                 applications from 20 individuals for                  from the public to better inform its
                                                    questions regarding your submission.                    exemption from the vision requirement                 rulemaking process. DOT posts these
                                                       To submit your comment online, go to                 in the Federal Motor Carrier Safety                   comments, without edit, including any
                                                    http://www.regulations.gov and put the                  Regulations. They are unable to meet                  personal information the commenter
                                                    docket number FMCSA–2016–0209 in                        the vision requirement in one eye for                 provides, to www.regulations.gov, as
                                                    the ‘‘Keyword’’ box, and click ‘‘Search.                various reasons. The exemptions will                  described in the system of records
                                                    When the new screen appears, click on                   enable these individuals to operate                   notice (DOT/ALL–14 FDMS), which can
                                                    ‘‘Comment Now!’’ button and type your                   commercial motor vehicles (CMVs) in                   be reviewed at www.dot.gov/privacy.
                                                    comment into the text box in the                        interstate commerce without meeting                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                    following screen. Choose whether you                    the prescribed vision requirement in                  Christine A. Hydock, Chief, Medical
                                                    are submitting your comment as an                       one eye. If granted, the exemptions                   Programs Division, (202) 366–4001,
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                                                    individual or on behalf of a third party                would enable these individuals to                     fmcsamedical@dot.gov, FMCSA,
                                                    and then submit. If you submit your                     qualify as drivers of commercial motor                Department of Transportation, 1200
                                                    comments by mail or hand delivery,                      vehicles (CMVs) in interstate commerce.               New Jersey Avenue SE., Room W64–
                                                    submit them in an unbound format, no                    DATES: Comments must be received on                   113, Washington, DC 20590–0001.
                                                    larger than 81⁄2 by 11 inches, suitable for             or before November 10, 2016. All                      Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    copying and electronic filing. If you                   comments will be investigated by                      Monday through Friday, except Federal
                                                    submit comments by mail and would                       FMCSA. The exemptions will be issued                  holidays. If you have questions
                                                    like to know that they reached the                      the day after the comment period closes.              regarding viewing or submitting


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Document Created: 2018-02-13 16:34:08
Document Modified: 2018-02-13 16:34:08
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 November 10, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
ContactMs. 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 Citation81 FR 70251 

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