81_FR_86292 81 FR 86063 - Qualification of Drivers; Exemption Applications; Vision

81 FR 86063 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range86063-86067
FR Document2016-28680

FMCSA announces receipt of applications from 31 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 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 86063-86067]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28680]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0212]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 31 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 December 29, 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-2016-0212 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., 
e.t., 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., e.t., 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 31 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 86064]]

II. Qualifications of Applicants

James A. Bartolo Jr.

    Mr. Bartolo, 59, has a chorioretinal scar in his right eye due to a 
traumatic incident in 1980. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/20. Following an examination 
in 2016, his optometrist stated, ``Ocular Trauma, nail went in eye, 
1980. He has been stable for over 20 years . . . James has driven 
without any problems and I do not foresee any problems driving a 
commercial vehicle in the future.'' Mr. Bartolo reported that he has 
driven straight trucks for 16 years, accumulating 480,000 miles. He 
holds an operator's license from California. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Harry S. Bumps

    Mr. Bumps, 68, has glaucoma 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, hand motion. Following an examination in 2016, his 
ophthalmologist stated, ``In my opinion I feel he has sufficient vision 
to operate a commercial vehicle.'' Mr. Bumps reported that he has 
driven straight trucks for 40 years, accumulating 360,000 miles and 
tractor-trailer combinations for 40 years, accumulating 200,000 miles. 
He holds a Class A CDL from Vermont. His driving record for the last 3 
years shows one crash for ``limitation on backing for due regard to 
safety'' and no convictions for moving violations in a CMV.

Brian T. Castoldi

    Mr. Castoldi, 44, has a central vein occlusion in his right eye 
since 2012. The visual acuity in his right eye is 20/80, and in his 
left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``Given Brian's visual handicap, I believe he is both capable 
and safe to drive a commercial vehicle.'' Mr. Castoldi reported that he 
has driven straight trucks for 8 years, accumulating 874,000 miles and 
tractor-trailer combinations for 9 years, accumulating 1.23 million 
miles. He holds an operator's license from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

William B. Friend

    Mr. Friend, 54, 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/
150. Following an examination in 2016, his ophthalmologist stated, ``In 
my medical opinion, I feel that he has sufficient vision to perform 
required [sic] to operate a commercial vehicle as he has adapted to his 
visual changed [sic] in his left eye over a course of his lifetime and 
it appears to cause him no limitations at this time.'' Mr. Friend 
reported that he has driven straight trucks for 38 years, accumulating 
570,000 miles. He holds an operator's license from Maryland. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Willie George

    Mr. George, 70, has a macular scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/100, and in his left eye, 20/25. Following an examination in 2016, 
his ophthalmologist stated, ``In my opinion, Mr. Willie George level 
[sic] vision is sufficient for him to continue to operate a commercial 
vehicle.'' Mr. George reported that he has driven straight trucks for 
15 years, accumulating 510,000 miles, and tractor-trailer combinations 
for 30 years, accumulating 2.25 million miles. He holds a Class A CDL 
from New York. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

David E. Goff

    Mr. Goff, 62, has had a retinal detachment in his right eye since 
1978. 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. Goff has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Goff 
reported that he has driven straight trucks for 15 years, accumulating 
45,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 12,000 miles. He holds a Class A CDL from Massachusetts. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Michal Golebiowski

    Mr. Golebiowski, 36, has prosthetic left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, no light perception. Following an examination in 2016, 
his optometrist stated, ``In my opinion Mr. Golebiowski regardless his 
left eye blindness and mil [sic] protanopia has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Golebiowski reported that he has driven tractor-trailer 
combinations for 17 years, accumulating 1.36 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.

Dana L. Gould

    Mr. Gould, 55, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``In my 
opinion, Mr. Gould has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Gould reported that he 
has driven straight trucks for 30 years, accumulating 150,000 miles. He 
holds a Class B CDL from Maine. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Johnny J. Gowdy

    Mr. Gowdy, 64, has complete loss of vision in his right eye due to 
a traumatic incident in 2003. 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, ``In my medical opinion, Mr. Gowdy has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gowdy reported that he has driven tractor-
trailer combinations for 40 years, accumulating 2.6 million miles. He 
holds an operator's license from Mississippi. His driving record for 
the last 3 years shows no crashes and 2 convictions for moving 
violations in a CMV; one for exceeding the speed limit by 16 mph and 
the other for exceeding the speed limit by 15 mph.

Richard E. Hadler

    Mr. Hadler, 49, has had a macular scar in his left eye since 2011. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``I feel 
Mr. Hadler's vision is stable for a commercial driver's license.'' Mr. 
Hadler reported that he has driven straight trucks for 2 years, 
accumulating 120,000 miles, and tractor-trailer combinations for 17 
years, accumulating 2.04 million miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Donald J. Harrison

    Mr. Harrison, 28, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/80, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``Donald meets all the vision

[[Page 86065]]

requirements listed for the exemption program and therefore I believe 
he has sufficient vision required to perform the driving tasks required 
to operate a commercial vehicle [sic].'' Mr. Harrison reported that he 
has driven straight trucks for 9 years, accumulating 18,000 miles, and 
tractor-trailer combinations for 9 years, accumulating 18,000 miles. He 
holds a Class A CDL from Iowa. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Channing L. Herrell

    Mr. Herrell, 47, 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/
60. Following an examination in 2016, his optometrist stated, ``It is 
my professional opinion that the patient meets the visual requirements 
to operate a commercial vehicle.'' Mr. Herrell reported that he has 
driven straight trucks for 26 years, accumulating 13,000 miles, and 
tractor-trailer combinations for 26 years, accumulating 23,400 miles. 
He holds an operator's license from Maryland. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Loyd F. Hovey

    Mr. Hovey, 67, has exotropia in his right eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is light 
perception, and in his left eye, 20/25. Following an examination in 
2016, his optometrist stated, ``He demonstrates sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hovey reported that he has driven straight trucks for 51 years, 
accumulating 1 million miles, and tractor-trailer combinations for 35 
years, accumulating 2.63 million miles. He holds a Class AM CDL from 
New York. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

George T. Huffman Jr.

    Mr. Huffman, 53, 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, ``He is now 
52 years old and has driven commercially previously, and currently has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle, as nothing has changed visually.'' Mr. Huffman 
reported that he has driven tractor-trailer combinations for 29 years, 
accumulating 2.9 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.

Daniel E. Kinney

    Mr. Kinney, 63, 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/
150. Following an examination in 2016, his ophthalmologist stated, ``He 
has been driving a commercial vehicle for several years without 
incident and his current ophthalmologic [sic] status is unchanged for 
several years. I believe that he is qualified to operate a commercial 
vehicle.'' Mr. Kinney reported that he has driven tractor-trailer 
combinations for 40 years, accumulating 478,000 miles. He holds a Class 
AM CDL from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Shane M. Lovell

    Mr. Lovell, 25, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``Based 
on the results of this testing I believe Mr. Lovell qualifies for a 
medical exemption regarding his visual status. Although he has 
permanently reduced acuity in a single eye his peripheral vision and 
binocular acuity remain adequate based on the requirements set forth by 
the FMCSA.'' Mr. Lovell reported that he has driven straight trucks for 
4 years, accumulating 40,000 miles, and tractor-trailer combinations 
for 4 years, accumulating 420,000 miles. He holds an operator's license 
from Nebraska. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jason W. Mack

    Mr. Mack, 34, has chorioretinal scarring in his right eye due to a 
traumatic incident childhood. The visual acuity in his right eye is 20/
50, and in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``In my opinion, Jason's vision loss does not 
prohibit him from operating a commercial vehicle.'' Mr. Mack reported 
that he has driven straight trucks for 15 years, accumulating 375,000 
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.

Terry G. Montgomery

    Mr. Montgomery, 62, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``In my medical opinion as a license [sic] optometrist, Mr. Montgomery 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Montgomery reported that he has driven 
straight trucks for 37 years, accumulating 19,240 miles. He holds a 
Class A CDL from Indiana. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

John P. O'Doherty

    Mr. O'Doherty, 53, 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 opinion that Mr. O'Doherty has sufficient vision for a 
commercial driver's license.'' Mr. O'Doherty reported that he has 
driven straight trucks for 4 years, accumulating 100,000 miles, and 
tractor-trailer combinations for 21 years, accumulating 18.9 million 
miles. He holds a Class A CDL from Minnesota. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Antonio Rivera

    Mr. Rivera, 53, has complete loss of vision in his right eye due to 
a traumatic incident in 1990. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2016, his ophthalmologist stated, ``I believe Mr. Antonio Rivera has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Rivera reported that he has driven tractor-
trailer combinations for 13 years, accumulating 1.3 million miles. He 
holds a Class A CDL from Pennsylvania. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Julio Rivera

    Mr. Rivera, 68, has had optic nerve atrophy in his left eye since 
2007. The visual acuity in his right eye is 20/20, and in his left eye, 
count fingers. Following an examination in 2016, his ophthalmologist 
stated, ``Using both eyes, sufficient vision is present (20/20 ou) to 
perform Driving [sic] tasks Required [sic] to operate a commercial 
vehicle.'' Mr. Rivera reported that he has driven tractor-trailer 
combinations

[[Page 86066]]

for 18 years, accumulating 558,000 miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Steve C. Sinclair

    Mr. Sinclair, 66, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``He has a history of congenital strabismic amblyopia. Based on the 
last visual field test, there is no indication that the visual field in 
either eye is adversely affected, and the visual fields should not 
impede Mr. Sinclair's ability to operate a commercial vehicle.'' Mr. 
Sinclair reported that he has driven straight trucks for 32 years, 
accumulating 1.28 million miles. He holds an operator's license from 
Iowa. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jerrell L. Smith

    Mr. Smith, 32, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``I feel 
his vision is stable and is capable of operating a commercial 
vehicle.'' Mr. Smith reported that he has driven straight trucks for 5 
years, accumulating 125,000 miles, and tractor-trailer combinations for 
5 years, accumulating 25,000 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.

Ricky E. Smith

    Mr. Smith, 55, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``In my 
opinion Mr. Smith's vision in his right eye will not limit his ability 
to drive a commercial vehicle; and his condition is stable and should 
not worsen over time.'' Mr. Smith reported that he has driven straight 
trucks for 37 years, accumulating 740,000 miles, tractor-trailer 
combinations for 37 years, accumulating 185,000 miles, and buses for 37 
years, accumulating 37,000 miles. He holds a Class A CDL from Georgia. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Venton E. Smith

    Mr. Smith, 45, has had amblyopia in his right since birth. The 
visual acuity in his right eye is 20/400, and in his left eye, 20/20. 
Following an examination in 2016, his optometrist stated, ``Mr. Venton 
has sufficient vision to continue operating a vehicle with caution. 
Please note that I am not a vehicle examiner and my opinion alone 
cannot determine Mr. Venton's ability to operate a commercial vehicle. 
The purpose of this letter is to summarize testing required by the 
DOT.'' Mr. Smith reported that he has driven straight trucks for 3 
years, accumulating 195,000 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.

Willie J. Smith

    Mr. Smith, 58, has central corneal opacity in his right eye due to 
a traumatic incident in 1985. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/20. Following an examination 
in 2016, his optometrist stated, ``Given that he has a long-standing 
medical condition that he is fully adapted to with the left eye being 
fully functional, in my medical opinion he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Smith reported that he has driven tractor-trailer combinations for 
36 years, accumulating 7.87 million 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.

Glen W. Stake Jr.

    Mr. Stake, 43, has had eccentric fixation in his left eye due to 
retrobulbar optic nerve damage since childhood. The visual acuity in 
his right eye is 20/25, and in his left eye, 20/80. Following an 
examination in 2016, his optometrist stated, ``I feel that he will 
safely pass and use a commercial driver's license, despite retrobulbar 
optic nerve damage form accident at age 5.'' Mr. Stake reported that he 
has driven straight trucks for 6 years, accumulating 300,000 miles, and 
tractor-trailer combinations for 16 years, accumulating 1.6 million 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

John D. Stork

    Mr. Stork, 57, has had a prosthetic in his right eye due to a 
traumatic incident in 1984. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2016, his ophthalmologist stated, ``Upon visual field findings 
included and full eye exam, I find the patient can perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Stork reported 
that he has driven straight trucks for 14 years, accumulating 840,000 
miles, and tractor-trailer combinations for 10 years, accumulating 
540,000 miles. He holds a Class AM CDL from Illinois. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

David T. Tann

    Mr. Tann, 35, 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, ``Mr. 
Tann's vision in his left eye has been weak since childhood, this is 
nothing new and is stable. Mr. Tann should have no problems operating a 
commercial vehicles.'' Mr. Tann reported that he has driven tractor-
trailer combinations for 6 years, accumulating 90,000 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.

Jeremy M. Trager

    Mr. Trager, 35, has choroidal melanoma in his right eye since 2012. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``I 
believe he should have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Trager reported that he 
has driven straight trucks for 9 years, accumulating 32,400 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.

James R. Wagner

    Mr. Wagner, 62, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``It is 
my opinion that Mr. Wagner has sufficient visual ability at present to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wagner reported that he has driven straight trucks for 38 years, 
accumulating 988,000 miles. He holds an operator's license from 
Illinois. His driving record for the last 3 years shows no crashes and 
1 conviction for a

[[Page 86067]]

moving violation in a CMV; speeding 15-20 mph above the limit.

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-2016-0212 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-2016-0212 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: November 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-28680 Filed 11-28-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                            86063

                                                    DEPARTMENT OF TRANSPORTATION                              Issued in Washington, DC, on November               personal information provided. Please
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                                                    sensitive employees for random alcohol                                                                           Privacy Act: In accordance with 5
                                                                                                            SUMMARY:   FMCSA announces receipt of
                                                    testing.                                                                                                      U.S.C. 553(c), DOT solicits comments
                                                                                                            applications from 31 individuals for
                                                                                                                                                                  from the public to better inform its
                                                    FOR FURTHER INFORMATION CONTACT:       Ms.              exemption from the vision requirement
                                                                                                                                                                  rulemaking process. DOT posts these
                                                    Vicky Dunne, Office of Aerospace                        in the Federal Motor Carrier Safety
                                                                                                                                                                  comments, without edit, including any
                                                    Medicine, Drug Abatement Division,                      Regulations. They are unable to meet
                                                                                                                                                                  personal information the commenter
                                                    Program Policy Branch (AAM–820),                        the vision requirement in one eye for
                                                                                                                                                                  provides, to www.regulations.gov, as
                                                    Federal Aviation Administration, 800                    various reasons. The exemptions will
                                                                                                                                                                  described in the system of records
                                                    Independence Avenue SW., Room 806,                      enable these individuals to operate
                                                                                                                                                                  notice (DOT/ALL–14 FDMS), which can
                                                    Washington, DC 20591; Telephone (202)                   commercial motor vehicles (CMVs) in
                                                                                                                                                                  be reviewed at www.dot.gov/privacy.
                                                    267–8442.                                               interstate commerce without meeting
                                                                                                            the prescribed vision requirement in                  FOR FURTHER INFORMATION CONTACT:     Ms.
                                                      Discussion: Pursuant to 14 CFR                        one eye. If granted, the exemptions                   Christine A. Hydock, Chief, Medical
                                                    120.109(b), the FAA Administrator’s                     would enable these individuals to                     Programs Division, (202) 366–4001,
                                                    decision on whether to change the                       qualify as drivers of commercial motor                fmcsamedical@dot.gov, FMCSA,
                                                    minimum annual random drug testing                      vehicles (CMVs) in interstate commerce.               Department of Transportation, 1200
                                                    rate is based on the reported random                    DATES: Comments must be received on                   New Jersey Avenue SE., Room W64–
                                                    drug test positive rate for the entire                  or before December 29, 2016. All                      113, Washington, DC 20590–0001.
                                                    aviation industry. If the reported                      comments will be investigated by                      Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    random drug test positive rate is less                  FMCSA. The exemptions will be issued                  Monday through Friday, except Federal
                                                    than 1.00%, the Administrator may                       the day after the comment period closes.              holidays. If you have questions
                                                    continue the minimum random drug                        ADDRESSES: You may submit comments                    regarding viewing or submitting
                                                    testing rate at 25%. In 2015, the random                bearing the Federal Docket Management                 material to the docket, contact Docket
                                                    drug test positive rate was 0.523%.                     System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                                    Therefore, the minimum random drug                      2016–0212 using any of the following                  SUPPLEMENTARY INFORMATION:
                                                    testing rate will remain at 25% for                     methods:
                                                    calendar year 2017.                                       • Federal eRulemaking Portal: Go to                 I. Background
                                                      Similarly, 14 CFR 120.217(c), requires                http://www.regulations.gov. Follow the
                                                                                                            on-line instructions for submitting                      Under 49 U.S.C. 31136(e) and 31315,
                                                    the decision on the minimum annual                                                                            FMCSA may grant an exemption from
                                                                                                            comments.
                                                    random alcohol testing rate to be based                   • Mail: Docket Management Facility;                 the Federal Motor Carrier Safety
                                                    on the random alcohol test violation                    U.S. Department of Transportation, 1200               Regulations for a 2-year period if it finds
                                                    rate. If the violation rate remains less                New Jersey Avenue SE., West Building                  ‘‘such exemption would likely achieve a
                                                    than 0.50%, the Administrator may                       Ground Floor, Room W12–140,                           level of safety that is equivalent to or
                                                    continue the minimum random alcohol                     Washington, DC 20590–0001.                            greater than the level that would be
                                                    testing rate at 10%. In 2015, the random                  • Hand Delivery: West Building                      achieved absent such exemption.’’
                                                    alcohol test violation rate was 0.083%.                 Ground Floor, Room W12–140, 1200                      FMCSA can renew exemptions at the
                                                    Therefore, the minimum random                           New Jersey Avenue SE., Washington,                    end of each 2-year period. The 31
                                                    alcohol testing rate will remain at 10%                 DC, between 9 a.m. and 5 p.m., e.t.,                  individuals listed in this notice have
                                                                                                                                                                  each requested such an exemption from
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                                                    for calendar year 2017.                                 Monday through Friday, except Federal
                                                                                                            Holidays.                                             the vision requirement in 49 CFR
                                                    SUPPLEMENTARY INFORMATION:      If you                    • Fax: 1–202–493–2251.                              391.41(b)(10), which applies to drivers
                                                    have questions about how the annual                       Instructions: Each submission must                  of CMVs in interstate commerce.
                                                    random testing percentage rates are                     include the Agency name and the                       Accordingly, the Agency will evaluate
                                                    determined please refer to the Code of                  docket numbers for this notice. Note                  the qualifications of each applicant to
                                                    Federal Regulations Title 14, section                   that all comments received will be                    determine whether granting an
                                                    120.109(b) (for drug testing), and                      posted without change to http://                      exemption will achieve the required
                                                    120.217(c) (for alcohol testing).                       www.regulations.gov, including any                    level of safety mandated by statute.


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                                                    86064                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    II. Qualifications of Applicants                        opinion, I feel that he has sufficient                holds a Class A CDL from Illinois. His
                                                                                                            vision to perform required [sic] to                   driving record for the last 3 years shows
                                                    James A. Bartolo Jr.
                                                                                                            operate a commercial vehicle as he has                no crashes and no convictions for
                                                      Mr. Bartolo, 59, has a chorioretinal                  adapted to his visual changed [sic] in                moving violations in a CMV.
                                                    scar in his right eye due to a traumatic                his left eye over a course of his lifetime
                                                    incident in 1980. The visual acuity in                                                                        Dana L. Gould
                                                                                                            and it appears to cause him no
                                                    his right eye is counting fingers, and in               limitations at this time.’’ Mr. Friend                  Mr. Gould, 55, has had amblyopia in
                                                    his left eye, 20/20. Following an                       reported that he has driven straight                  his left eye since childhood. The visual
                                                    examination in 2016, his optometrist                    trucks for 38 years, accumulating                     acuity in his right eye is 20/20, and in
                                                    stated, ‘‘Ocular Trauma, nail went in                   570,000 miles. He holds an operator’s                 his left eye, 20/200. Following an
                                                    eye, 1980. He has been stable for over                  license from Maryland. His driving                    examination in 2016, his optometrist
                                                    20 years . . . James has driven without                 record for the last 3 years shows no                  stated, ‘‘In my opinion, Mr. Gould has
                                                    any problems and I do not foresee any                   crashes and no convictions for moving                 sufficient vision to perform the driving
                                                    problems driving a commercial vehicle                   violations in a CMV.                                  tasks required to operate a commercial
                                                    in the future.’’ Mr. Bartolo reported that                                                                    vehicle.’’ Mr. Gould reported that he has
                                                                                                            Willie George                                         driven straight trucks for 30 years,
                                                    he has driven straight trucks for 16
                                                    years, accumulating 480,000 miles. He                      Mr. George, 70, has a macular scar in              accumulating 150,000 miles. He holds a
                                                    holds an operator’s license from                        his right eye due to a traumatic incident             Class B CDL from Maine. His driving
                                                    California. His driving record for the last             in childhood. The visual acuity in his                record for the last 3 years shows no
                                                    3 years shows no crashes and no                         right eye is 20/100, and in his left eye,             crashes and no convictions for moving
                                                    convictions for moving violations in a                  20/25. Following an examination in                    violations in a CMV.
                                                    CMV.                                                    2016, his ophthalmologist stated, ‘‘In
                                                                                                            my opinion, Mr. Willie George level                   Johnny J. Gowdy
                                                    Harry S. Bumps                                          [sic] vision is sufficient for him to                    Mr. Gowdy, 64, has complete loss of
                                                       Mr. Bumps, 68, has glaucoma in his                   continue to operate a commercial                      vision in his right eye due to a traumatic
                                                    left eye due to a traumatic incident in                 vehicle.’’ Mr. George reported that he                incident in 2003. The visual acuity in
                                                    1976. The visual acuity in his right eye                has driven straight trucks for 15 years,              his right eye is no light perception, and
                                                    is 20/20, and in his left eye, hand                     accumulating 510,000 miles, and                       in his left eye, 20/20. Following an
                                                    motion. Following an examination in                     tractor-trailer combinations for 30 years,            examination in 2016, his optometrist
                                                    2016, his ophthalmologist stated, ‘‘In                  accumulating 2.25 million miles. He                   stated, ‘‘In my medical opinion, Mr.
                                                    my opinion I feel he has sufficient                     holds a Class A CDL from New York.                    Gowdy has sufficient vision to perform
                                                    vision to operate a commercial vehicle.’’               His driving record for the last 3 years               the driving tasks required to operate a
                                                    Mr. Bumps reported that he has driven                   shows no crashes and no convictions for               commercial vehicle.’’ Mr. Gowdy
                                                    straight trucks for 40 years,                           moving violations in a CMV.                           reported that he has driven tractor-
                                                    accumulating 360,000 miles and tractor-                                                                       trailer combinations for 40 years,
                                                                                                            David E. Goff
                                                    trailer combinations for 40 years,                                                                            accumulating 2.6 million miles. He
                                                    accumulating 200,000 miles. He holds a                     Mr. Goff, 62, has had a retinal                    holds an operator’s license from
                                                    Class A CDL from Vermont. His driving                   detachment in his right eye since 1978.               Mississippi. His driving record for the
                                                    record for the last 3 years shows one                   The visual acuity in his right eye is                 last 3 years shows no crashes and 2
                                                    crash for ‘‘limitation on backing for due               hand motion, and in his left eye, 20/20.              convictions for moving violations in a
                                                    regard to safety’’ and no convictions for               Following an examination in 2016, his                 CMV; one for exceeding the speed limit
                                                    moving violations in a CMV.                             optometrist stated, ‘‘In my opinion, Mr.              by 16 mph and the other for exceeding
                                                                                                            Goff has sufficient vision to perform the             the speed limit by 15 mph.
                                                    Brian T. Castoldi                                       driving tasks required to operate a
                                                       Mr. Castoldi, 44, has a central vein                 commercial vehicle.’’ Mr. Goff reported               Richard E. Hadler
                                                    occlusion in his right eye since 2012.                  that he has driven straight trucks for 15                Mr. Hadler, 49, has had a macular scar
                                                    The visual acuity in his right eye is 20/               years, accumulating 45,000 miles, and                 in his left eye since 2011. The visual
                                                    80, and in his left eye, 20/20. Following               tractor-trailer combinations for 10 years,            acuity in his right eye is 20/20, and in
                                                    an examination in 2016, his optometrist                 accumulating 12,000 miles. He holds a                 his left eye, 20/200. Following an
                                                    stated, ‘‘Given Brian’s visual handicap,                Class A CDL from Massachusetts. His                   examination in 2016, his optometrist
                                                    I believe he is both capable and safe to                driving record for the last 3 years shows             stated, ‘‘I feel Mr. Hadler’s vision is
                                                    drive a commercial vehicle.’’ Mr.                       no crashes and no convictions for                     stable for a commercial driver’s
                                                    Castoldi reported that he has driven                    moving violations in a CMV.                           license.’’ Mr. Hadler reported that he
                                                    straight trucks for 8 years, accumulating                                                                     has driven straight trucks for 2 years,
                                                                                                            Michal Golebiowski
                                                    874,000 miles and tractor-trailer                                                                             accumulating 120,000 miles, and
                                                    combinations for 9 years, accumulating                     Mr. Golebiowski, 36, has prosthetic                tractor-trailer combinations for 17 years,
                                                    1.23 million miles. He holds an                         left eye due to a traumatic incident in               accumulating 2.04 million miles. He
                                                    operator’s license from Connecticut. His                childhood. The visual acuity in his right             holds a Class A CDL from Minnesota.
                                                    driving record for the last 3 years shows               eye is 20/20, and in his left eye, no light           His driving record for the last 3 years
                                                    no crashes and no convictions for                       perception. Following an examination                  shows no crashes and no convictions for
                                                                                                            in 2016, his optometrist stated, ‘‘In my
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                                                    moving violations in a CMV.                                                                                   moving violations in a CMV.
                                                                                                            opinion Mr. Golebiowski regardless his
                                                    William B. Friend                                       left eye blindness and mil [sic]                      Donald J. Harrison
                                                      Mr. Friend, 54, has had amblyopia in                  protanopia has sufficient vision to                     Mr. Harrison, 28, has had amblyopia
                                                    his left eye since childhood. The visual                perform the driving tasks required to                 in his right eye since childhood. The
                                                    acuity in his right eye is 20/20, and in                operate a commercial vehicle.’’ Mr.                   visual acuity in his right eye is 20/80,
                                                    his left eye, 20/150. Following an                      Golebiowski reported that he has driven               and in his left eye, 20/25. Following an
                                                    examination in 2016, his                                tractor-trailer combinations for 17 years,            examination in 2016, his optometrist
                                                    ophthalmologist stated, ‘‘In my medical                 accumulating 1.36 million miles. He                   stated, ‘‘Donald meets all the vision


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                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                           86065

                                                    requirements listed for the exemption                   driving record for the last 3 years shows             Terry G. Montgomery
                                                    program and therefore I believe he has                  no crashes and no convictions for                        Mr. Montgomery, 62, has had
                                                    sufficient vision required to perform the               moving violations in a CMV.                           amblyopia in his right eye since
                                                    driving tasks required to operate a                                                                           childhood. The visual acuity in his right
                                                    commercial vehicle [sic].’’ Mr. Harrison                Daniel E. Kinney
                                                                                                                                                                  eye is 20/50, and in his left eye, 20/20.
                                                    reported that he has driven straight                       Mr. Kinney, 63, has had amblyopia in               Following an examination in 2016, his
                                                    trucks for 9 years, accumulating 18,000                 his left eye since childhood. The visual              optometrist stated, ‘‘In my medical
                                                    miles, and tractor-trailer combinations                                                                       opinion as a license [sic] optometrist,
                                                                                                            acuity in his right eye is 20/20, and in
                                                    for 9 years, accumulating 18,000 miles.                                                                       Mr. Montgomery has sufficient vision to
                                                                                                            his left eye, 20/150. Following an
                                                    He holds a Class A CDL from Iowa. His                                                                         perform the driving tasks required to
                                                    driving record for the last 3 years shows               examination in 2016, his
                                                                                                            ophthalmologist stated, ‘‘He has been                 operate a commercial vehicle.’’ Mr.
                                                    no crashes and no convictions for                                                                             Montgomery reported that he has driven
                                                    moving violations in a CMV.                             driving a commercial vehicle for several
                                                                                                            years without incident and his current                straight trucks for 37 years,
                                                    Channing L. Herrell                                     ophthalmologic [sic] status is                        accumulating 19,240 miles. He holds a
                                                                                                                                                                  Class A CDL from Indiana. His driving
                                                       Mr. Herrell, 47, has had amblyopia in                unchanged for several years. I believe
                                                                                                                                                                  record for the last 3 years shows no
                                                    his left eye since childhood. The visual                that he is qualified to operate a
                                                                                                                                                                  crashes and no convictions for moving
                                                    acuity in his right eye is 20/20, and in                commercial vehicle.’’ Mr. Kinney
                                                                                                                                                                  violations in a CMV.
                                                    his left eye, 20/60. Following an                       reported that he has driven tractor-
                                                    examination in 2016, his optometrist                    trailer combinations for 40 years,                    John P. O’Doherty
                                                    stated, ‘‘It is my professional opinion                 accumulating 478,000 miles. He holds a                   Mr. O’Doherty, 53, has had amblyopia
                                                    that the patient meets the visual                       Class AM CDL from Illinois. His driving               in his left eye since childhood. The
                                                    requirements to operate a commercial                    record for the last 3 years shows no                  visual acuity in his right eye is 20/20,
                                                    vehicle.’’ Mr. Herrell reported that he                 crashes and no convictions for moving                 and in his left eye, 20/70. Following an
                                                    has driven straight trucks for 26 years,                violations in a CMV.                                  examination in 2016, his optometrist
                                                    accumulating 13,000 miles, and tractor-                                                                       stated, ‘‘It is my opinion that Mr.
                                                    trailer combinations for 26 years,                      Shane M. Lovell                                       O’Doherty has sufficient vision for a
                                                    accumulating 23,400 miles. He holds an                                                                        commercial driver’s license.’’ Mr.
                                                    operator’s license from Maryland. His                      Mr. Lovell, 25, has had amblyopia in
                                                                                                            his right eye since childhood. The                    O’Doherty reported that he has driven
                                                    driving record for the last 3 years shows                                                                     straight trucks for 4 years, accumulating
                                                    no crashes and no convictions for                       visual acuity in his right eye is 20/80,
                                                                                                            and in his left eye, 20/20. Following an              100,000 miles, and tractor-trailer
                                                    moving violations in a CMV.                                                                                   combinations for 21 years, accumulating
                                                                                                            examination in 2016, his optometrist
                                                    Loyd F. Hovey                                           stated, ‘‘Based on the results of this                18.9 million miles. He holds a Class A
                                                                                                                                                                  CDL from Minnesota. His driving record
                                                       Mr. Hovey, 67, has exotropia in his                  testing I believe Mr. Lovell qualifies for
                                                                                                                                                                  for the last 3 years shows no crashes and
                                                    right eye due to a traumatic incident in                a medical exemption regarding his
                                                                                                                                                                  no convictions for moving violations in
                                                    childhood. The visual acuity in his right               visual status. Although he has
                                                                                                                                                                  a CMV.
                                                    eye is light perception, and in his left                permanently reduced acuity in a single
                                                    eye, 20/25. Following an examination in                 eye his peripheral vision and binocular               Antonio Rivera
                                                    2016, his optometrist stated, ‘‘He                      acuity remain adequate based on the                      Mr. Rivera, 53, has complete loss of
                                                    demonstrates sufficient vision to                       requirements set forth by the FMCSA.’’                vision in his right eye due to a traumatic
                                                    perform the driving tasks required to                   Mr. Lovell reported that he has driven                incident in 1990. The visual acuity in
                                                    operate a commercial vehicle.’’ Mr.                     straight trucks for 4 years, accumulating             his right eye is no light perception, and
                                                    Hovey reported that he has driven                       40,000 miles, and tractor-trailer                     in his left eye, 20/20. Following an
                                                    straight trucks for 51 years,                           combinations for 4 years, accumulating                examination in 2016, his
                                                    accumulating 1 million miles, and                       420,000 miles. He holds an operator’s                 ophthalmologist stated, ‘‘I believe Mr.
                                                    tractor-trailer combinations for 35 years,              license from Nebraska. His driving                    Antonio Rivera has sufficient vision to
                                                    accumulating 2.63 million miles. He                     record for the last 3 years shows no                  perform the driving tasks required to
                                                    holds a Class AM CDL from New York.                     crashes and no convictions for moving                 operate a commercial vehicle.’’ Mr.
                                                    His driving record for the last 3 years                 violations in a CMV.                                  Rivera reported that he has driven
                                                    shows no crashes and no convictions for                                                                       tractor-trailer combinations for 13 years,
                                                    moving violations in a CMV.                             Jason W. Mack                                         accumulating 1.3 million miles. He
                                                    George T. Huffman Jr.                                      Mr. Mack, 34, has chorioretinal                    holds a Class A CDL from Pennsylvania.
                                                                                                                                                                  His driving record for the last 3 years
                                                       Mr. Huffman, 53, has had amblyopia                   scarring in his right eye due to a
                                                                                                                                                                  shows no crashes and no convictions for
                                                    in his left eye since birth. The visual                 traumatic incident childhood. The
                                                                                                                                                                  moving violations in a CMV.
                                                    acuity in his right eye is 20/20, and in                visual acuity in his right eye is 20/50,
                                                    his left eye, 20/300. Following an                      and in his left eye, 20/20. Following an              Julio Rivera
                                                    examination in 2016, his optometrist                    examination in 2016, his optometrist                    Mr. Rivera, 68, has had optic nerve
                                                    stated, ‘‘He is now 52 years old and has                stated, ‘‘In my opinion, Jason’s vision               atrophy in his left eye since 2007. The
                                                    driven commercially previously, and                     loss does not prohibit him from                       visual acuity in his right eye is 20/20,
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                                                    currently has sufficient vision to                      operating a commercial vehicle.’’ Mr.                 and in his left eye, count fingers.
                                                    perform driving tasks required to                       Mack reported that he has driven                      Following an examination in 2016, his
                                                    operate a commercial vehicle, as                        straight trucks for 15 years,                         ophthalmologist stated, ‘‘Using both
                                                    nothing has changed visually.’’ Mr.                     accumulating 375,000 miles. He holds                  eyes, sufficient vision is present (20/20
                                                    Huffman reported that he has driven                     an operator’s license from Pennsylvania.              ou) to perform Driving [sic] tasks
                                                    tractor-trailer combinations for 29 years,              His driving record for the last 3 years               Required [sic] to operate a commercial
                                                    accumulating 2.9 million miles. He                      shows no crashes and no convictions for               vehicle.’’ Mr. Rivera reported that he
                                                    holds a Class A CDL from Illinois. His                  moving violations in a CMV.                           has driven tractor-trailer combinations


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                                                    86066                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    for 18 years, accumulating 558,000                      Venton E. Smith                                       eye, 20/20. Following an examination in
                                                    miles. He holds a Class A CDL from                         Mr. Smith, 45, has had amblyopia in                2016, his ophthalmologist stated, ‘‘Upon
                                                    Florida. His driving record for the last                his right since birth. The visual acuity              visual field findings included and full
                                                    3 years shows no crashes and no                         in his right eye is 20/400, and in his left           eye exam, I find the patient can perform
                                                    convictions for moving violations in a                  eye, 20/20. Following an examination in               the driving tasks required to operate a
                                                    CMV.                                                    2016, his optometrist stated, ‘‘Mr.                   commercial vehicle.’’ Mr. Stork reported
                                                                                                            Venton has sufficient vision to continue              that he has driven straight trucks for 14
                                                    Steve C. Sinclair                                                                                             years, accumulating 840,000 miles, and
                                                                                                            operating a vehicle with caution. Please
                                                       Mr. Sinclair, 66, has had amblyopia in               note that I am not a vehicle examiner                 tractor-trailer combinations for 10 years,
                                                    his right eye since childhood. The                      and my opinion alone cannot determine                 accumulating 540,000 miles. He holds a
                                                    visual acuity in his right eye is 20/70,                Mr. Venton’s ability to operate a                     Class AM CDL from Illinois. His driving
                                                    and in his left eye, 20/25. Following an                commercial vehicle. The purpose of this               record for the last 3 years shows no
                                                    examination in 2016, his optometrist                    letter is to summarize testing required               crashes and no convictions for moving
                                                    stated, ‘‘He has a history of congenital                by the DOT.’’ Mr. Smith reported that he              violations in a CMV.
                                                    strabismic amblyopia. Based on the last                 has driven straight trucks for 3 years,               David T. Tann
                                                    visual field test, there is no indication               accumulating 195,000 miles. He holds a
                                                    that the visual field in either eye is                  Class A CDL from California. His                         Mr. Tann, 35, has had amblyopia in
                                                    adversely affected, and the visual fields               driving record for the last 3 years shows             his left eye since childhood. The visual
                                                    should not impede Mr. Sinclair’s ability                no crashes and no convictions for                     acuity in his right eye is 20/20, and in
                                                    to operate a commercial vehicle.’’ Mr.                  moving violations in a CMV.                           his left eye, 20/100. Following an
                                                    Sinclair reported that he has driven                                                                          examination in 2016, his optometrist
                                                                                                            Willie J. Smith                                       stated, ‘‘Mr. Tann’s vision in his left eye
                                                    straight trucks for 32 years,
                                                                                                               Mr. Smith, 58, has central corneal                 has been weak since childhood, this is
                                                    accumulating 1.28 million miles. He                     opacity in his right eye due to a
                                                    holds an operator’s license from Iowa.                                                                        nothing new and is stable. Mr. Tann
                                                                                                            traumatic incident in 1985. The visual                should have no problems operating a
                                                    His driving record for the last 3 years                 acuity in his right eye is counting                   commercial vehicles.’’ Mr. Tann
                                                    shows no crashes and no convictions for                 fingers, and in his left eye, 20/20.                  reported that he has driven tractor-
                                                    moving violations in a CMV.                             Following an examination in 2016, his                 trailer combinations for 6 years,
                                                    Jerrell L. Smith                                        optometrist stated, ‘‘Given that he has a             accumulating 90,000 miles. He holds a
                                                                                                            long-standing medical condition that he               Class A CDL from North Carolina. His
                                                       Mr. Smith, 32, has had amblyopia in                  is fully adapted to with the left eye                 driving record for the last 3 years shows
                                                    his right eye since childhood. The                      being fully functional, in my medical                 no crashes and no convictions for
                                                    visual acuity in his right eye is 20/50,                opinion he has sufficient vision to                   moving violations in a CMV.
                                                    and in his left eye, 20/20. Following an                perform the driving tasks required to
                                                    examination in 2016, his optometrist                    operate a commercial vehicle.’’ Mr.                   Jeremy M. Trager
                                                    stated, ‘‘I feel his vision is stable and is            Smith reported that he has driven                       Mr. Trager, 35, has choroidal
                                                    capable of operating a commercial                       tractor-trailer combinations for 36 years,            melanoma in his right eye since 2012.
                                                    vehicle.’’ Mr. Smith reported that he has               accumulating 7.87 million miles. He                   The visual acuity in his right eye is 20/
                                                    driven straight trucks for 5 years,                     holds a Class A CDL from Texas. His                   400, and in his left eye, 20/20.
                                                    accumulating 125,000 miles, and                         driving record for the last 3 years shows             Following an examination in 2016, his
                                                    tractor-trailer combinations for 5 years,               no crashes and no convictions for                     ophthalmologist stated, ‘‘I believe he
                                                    accumulating 25,000 miles. He holds a                   moving violations in a CMV.                           should have sufficient vision to perform
                                                    Class AM CDL from Texas. His driving                    Glen W. Stake Jr.                                     the driving tasks required to operate a
                                                    record for the last 3 years shows no                                                                          commercial vehicle.’’ Mr. Trager
                                                    crashes and no convictions for moving                      Mr. Stake, 43, has had eccentric
                                                                                                            fixation in his left eye due to retrobulbar           reported that he has driven straight
                                                    violations in a CMV.                                                                                          trucks for 9 years, accumulating 32,400
                                                                                                            optic nerve damage since childhood.
                                                    Ricky E. Smith                                          The visual acuity in his right eye is 20/             miles. He holds a Class A CDL from
                                                                                                            25, and in his left eye, 20/80. Following             Ohio. His driving record for the last 3
                                                      Mr. Smith, 55, has had amblyopia in                   an examination in 2016, his optometrist               years shows no crashes and no
                                                    his right eye since childhood. The                      stated, ‘‘I feel that he will safely pass             convictions for moving violations in a
                                                    visual acuity in his right eye is 20/50,                and use a commercial driver’s license,                CMV.
                                                    and in his left eye, 20/20. Following an                despite retrobulbar optic nerve damage                James R. Wagner
                                                    examination in 2016, his optometrist                    form accident at age 5.’’ Mr. Stake
                                                    stated, ‘‘In my opinion Mr. Smith’s                     reported that he has driven straight                    Mr. Wagner, 62, has had amblyopia in
                                                    vision in his right eye will not limit his              trucks for 6 years, accumulating 300,000              his left eye since childhood. The visual
                                                    ability to drive a commercial vehicle;                  miles, and tractor-trailer combinations               acuity in his right eye is 20/20, and in
                                                    and his condition is stable and should                  for 16 years, accumulating 1.6 million                his left eye, 20/200. Following an
                                                    not worsen over time.’’ Mr. Smith                       miles. He holds a Class A CDL from                    examination in 2016, his optometrist
                                                    reported that he has driven straight                    Ohio. His driving record for the last 3               stated, ‘‘It is my opinion that Mr.
                                                    trucks for 37 years, accumulating                                                                             Wagner has sufficient visual ability at
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                                                                                                            years shows no crashes and no
                                                    740,000 miles, tractor-trailer                          convictions for moving violations in a                present to perform the driving tasks
                                                    combinations for 37 years, accumulating                 CMV.                                                  required to operate a commercial
                                                    185,000 miles, and buses for 37 years,                                                                        vehicle.’’ Mr. Wagner reported that he
                                                    accumulating 37,000 miles. He holds a                   John D. Stork                                         has driven straight trucks for 38 years,
                                                    Class A CDL from Georgia. His driving                     Mr. Stork, 57, has had a prosthetic in              accumulating 988,000 miles. He holds
                                                    record for the last 3 years shows no                    his right eye due to a traumatic incident             an operator’s license from Illinois. His
                                                    crashes and no convictions for moving                   in 1984. The visual acuity in his right               driving record for the last 3 years shows
                                                    violations in a CMV.                                    eye is no light perception, and in his left           no crashes and 1 conviction for a


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                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                                86067

                                                    moving violation in a CMV; speeding                       Issued on: November 17, 2016.                       comments submitted to the docket, and
                                                    15–20 mph above the limit.                              Larry W. Minor,                                       has decided to grant the exemption from
                                                                                                            Associate Administrator for Policy.                   49 CFR 383.25(c) and 49 CFR
                                                    III. Public Participation and Request for
                                                                                                            [FR Doc. 2016–28680 Filed 11–28–16; 8:45 am]          383.73(a)(2)(iii) for a period of 2 years.’’
                                                    Comments
                                                                                                            BILLING CODE 4910–EX–P                                  Issued on: November 22, 2016.
                                                      FMCSA encourages you to participate                                                                         Larry W. Minor,
                                                    by submitting comments and related
                                                                                                                                                                  Associate Administrator for Policy.
                                                    materials.                                              DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  [FR Doc. 2016–28685 Filed 11–28–16; 8:45 am]
                                                    Submitting Comments                                     Federal Motor Carrier Safety                          BILLING CODE 4910–EX–P

                                                       If you submit a comment, please                      Administration
                                                    include the docket number for this                      [Docket No. FMCSA–2015–0397]                          DEPARTMENT OF TRANSPORTATION
                                                    notice, indicate the specific section of
                                                    this document to which each comment                     Commercial Driver’s License: Oregon                   Federal Motor Carrier Safety
                                                    applies, and provide a reason for each                  Department of Transportation;                         Administration
                                                    suggestion or recommendation. You                       Application for Exemption, Correction
                                                    may submit your comments and                                                                                  [Docket No. FMCSA–2016–0196]
                                                    material online or by fax, mail, or hand                AGENCY:  Federal Motor Carrier Safety
                                                    delivery, but please use only one of                    Administration, DOT.                                  Agency Information Collection
                                                    these means. FMCSA recommends that                      ACTION: Notice of final disposition; grant
                                                                                                                                                                  Activities; Extension of a Currently-
                                                    you include your name and a mailing                     of application for exemption; correction.             Approved Information Collection
                                                    address, an email address, or a phone                                                                         Request: Transportation of Hazardous
                                                    number in the body of your document                     SUMMARY:   The Federal Motor Carrier                  Materials, Highway Routing
                                                    so the Agency can contact you if it has                 Safety Administration published its                   AGENCY: Federal Motor Carrier Safety
                                                    questions regarding your submission.                    decision in the Federal Register of April             Administration (FMCSA), DOT.
                                                       To submit your comment online, go to                 5, 2016, to grant the Oregon Department
                                                                                                                                                                  ACTION: Notice and request for
                                                    http://www.regulations.gov and put the                  of Transportation (ODOT) and all other
                                                                                                            State Driver Licensing Agencies                       comments.
                                                    docket number FMCSA–2016–0212 in
                                                    the ‘‘Keyword’’ box, and click ‘‘Search.’’              (SDLAs), a limited exemption from the                 SUMMARY:   In accordance with the
                                                    When the new screen appears, click on                   commercial learner’s permit (CLP)                     Paperwork Reduction Act of 1995,
                                                    ‘‘Comment Now!’’ button and type your                   requirement in 49 CFR 383.25(c). Due to               FMCSA announces its plan to submit
                                                    comment into the text box in the                        an error, the exemption was not                       the Information Collection Request (ICR)
                                                    following screen. Choose whether you                    extended to include the CLP                           described below to the Office of
                                                    are submitting your comment as an                       requirement in 49 CFR 383.73(a)(2)(iii).              Management and Budget (OMB) for
                                                    individual or on behalf of a third party                Today’s correction makes it clear that                review and approval. The FMCSA
                                                    and then submit. If you submit your                     the exemption granted to ODOT and                     requests approval to extend an existing
                                                    comments by mail or hand delivery,                      other SDLAs from the CLP requirements                 ICR titled, ‘‘Transportation of Hazardous
                                                    submit them in an unbound format, no                    includes 49 CFR 383.25(c) and 49 CFR                  Materials, Highway Routing.’’ The
                                                    larger than 81⁄2 by 11 inches, suitable for             383.73(a)(2)(iii).                                    information reported by States and
                                                    copying and electronic filing. If you                   DATES: Effective on November 29, 2016.                Indian tribes is necessary to identify
                                                    submit comments by mail and would                       FOR FURTHER INFORMATION CONTACT: Mr.                  designated/restricted routes and
                                                    like to know that they reached the                      Tom Yager, Chief, FMCSA Driver and                    restrictions or limitations affecting how
                                                    facility, please enclose a stamped, self-               Carrier Operations Division; Office of                motor carriers may transport certain
                                                    addressed postcard or envelope.                         Carrier, Driver and Vehicle Safety                    hazardous materials on their highways,
                                                       FMCSA will consider all comments                     Standards; Telephone: 614–942–6477.                   including dates that such routes were
                                                    and material received during the                        Email: MCPSD@dot.gov. If you have                     established and information on
                                                    comment period. FMCSA may issue a                       questions on viewing or submitting                    subsequent changes or new hazardous
                                                    final determination at any time after the               material to the docket, contact Docket                materials routing designations. FMCSA
                                                    close of the comment period.                            Services, telephone (202) 366–9826.                   received no comments in response to
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  the 60-day Federal Register Notice
                                                    Viewing Comments and Documents                                                                                published on July 29, 2016.
                                                       To view comments, as well as                         Correction                                            DATES: Please send your comments by
                                                    documents mentioned in this preamble                       In the Federal Register of April 5,                December 29, 2016. OMB must receive
                                                    as being available in the docket, go to                 2016, correct pages 19703 and 19705 as                your comments by this date in order to
                                                    http://www.regulations.gov and insert                   follows: On page 19703 in the first                   act on the ICR.
                                                    the docket number FMCSA–2016–0212                       column, correct the SUMMARY first                     ADDRESSES: All comments should
                                                    in the ‘‘Keyword’’ box and click                        sentence to read, ‘‘FMCSA announces                   reference Federal Docket Management
                                                    ‘‘Search.’’ Next, click ‘‘Open Docket                   its decision to grant the Oregon                      System (FDMS) Docket Number
                                                    Folder’’ button and choose the                          Department of Transportation (ODOT) a                 FMCSA–2016–0196. Interested persons
                                                    document listed to review. If you do not                limited exemption from the commercial                 are invited to submit written comments
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                                                    have access to the Internet, you may                    learner’s permit (CLP) requirements in                on the proposed information collection
                                                    view the docket online by visiting the                  49 CFR 383.25(c) and 49 CFR                           to the Office of Information and
                                                    Docket Management Facility in Room                      383.73(a)(2)(iii).’’ On page 19705 in the             Regulatory Affairs, Office of
                                                    W12–140 on the ground floor of the                      first column, correct Section V. FMCSA                Management and Budget. Comments
                                                    DOT West Building, 1200 New Jersey                      Response and Decision first sentence to               should be addressed to the attention of
                                                    Avenue SE., Washington, DC 20590,                       read, ‘‘The FMCSA has evaluated                       the Desk Officer, Department of
                                                    between 9 a.m. and 5 p.m., e.t., Monday                 ODOT’s application on its merits                      Transportation/Federal Motor Carrier
                                                    through Friday, except Federal holidays.                following full consideration of the                   Safety Administration, and sent via


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Document Created: 2016-11-29 00:33:06
Document Modified: 2016-11-29 00:33:06
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 December 29, 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 86063 

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