82 FR 13187 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 45 (March 9, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 45 (March 9, 2017)
| Page Range | 13187-13190 | |
| FR Document | 2017-04664 |
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)] [Notices] [Pages 13187-13190] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04664] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0213] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 18 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 April 10, 2017. 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-2016-0213 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 18 individuals listed in this notice have each requested such an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants James M. Demgard Mr. Demgard, 49, has a prosthetic left eye due to a traumatic incident in 1996. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ``I can certify James has a perfectly normal right eye in all aspects to perform the visual tasks required for commercial vehicle.'' Mr. Demgard reported that he has driven straight trucks for 29 years, accumulating 536,500 miles. He holds an operator's license from New Jersey. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David L. Erickson Mr. Erickson, 66, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/70, and in [[Page 13188]] his left eye, 20/25. Following an examination in 2016, his optometrist stated, ``His right eye has been diagnosed with Amblyopia [sic] which occurs at birth . . . In my professional opinion, Mr. David Erickson is qualified to obtain a commercial drivers [sic] license and safely drive a commercial vehicle on any major roadway.'' Mr. Erickson reported that he has driven straight trucks for 30 years, accumulating 510,000 miles, and tractor-trailer combinations for 30 years, accumulating 1.14 million miles. He holds a Class A CDL from South Dakota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ray A. Fields Mr. Fields, 64, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/25, and in his left eye, 20/ 200. Following an examination in 2016, his optometrist stated, ``It is my opinion that Ray's eyes and vision are such that he should be allowed to continue with a CDL license as required for his present job.'' Mr. Fields reported that he has driven straight trucks for 7 years, accumulating 70,000 miles, and tractor-trailer combinations for 7 years, accumulating 14,000 miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jeffrey L. Gardner Mr. Gardner, 51, has aphakia in his right eye due to removal of a congenital cataract in childhood. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``Due to the long standing nature and stability of the patient's vision deficiency, he should have sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Gardner reported that he has driven straight trucks for 16 years, accumulating 160,000 miles, and tractor-trailer combinations for 16 years, accumulating 160,000 miles. He holds a Class AM1 CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Thomas A. Grigsby Mr. Grigsby, has a macular scar in his right eye due to a traumatic incident in 2013. The visual acuity in his right eye is 20/250, and in his left eye, 20/20. Following an examination in 2016, his ophthalmologist stated, ``Based on that evidence, it would support the idea that he has sufficient vision to continue driving the commercial vehicle that he has done for the last three years without any complications that I am aware of.'' Mr. Grigsby reported that he has driven tractor-trailer combinations for 7 years, accumulating 875,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Eugene C. Hamilton Mr. Hamilton, 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 ophthalmologist stated, ``In my opinion, Mr. Hamilton should be able to continue operating a commercial vehicle as he has safely for many years. He has not had any change in his condition over the last decade.'' Mr. Hamilton reported that he has driven straight trucks for 25 years, accumulating 1 million miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jay A. Harding Mr. Harding, 54, has a macular scar in his right eye due to a traumatic incident in 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. Harding has more than adequate vision to safely operate a commercial motor vehicle.'' Mr. Harding reported that he has driven straight trucks for 3 years, accumulating 105,000 miles, and tractor-trailer combinations for 28 years, accumulating 2.8 million miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; he failed to stop when emerging from an alley, driveway, or building. Melvin L. Hipsley III Mr. Hipsley, 54, has had neovascular macular degeneration in his left eye since 2013. 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 medical opinion that Mr. Hipsley has sufficient vision to perform the driving tasks required to continue to operate a commercial vehicle.'' Mr. Hipsley reported that he has driven straight trucks for 30 years, accumulating 1.2 million miles, and tractor-trailer combinations for 20 years, accumulating 800,000 miles. He holds a Class AM CDL from Maryland. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charlie E. Hoggard Mr. Hoggard, 44, has had a chorioretinal scar in his right eye due to a traumatic incident in 1992. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``He suffered an explosive injury to his eye approximately 24 years ago, leaving him with a Chorioretinal Scar overlying the macula. At this time, Mr. Hoggard does not display any inability to operate a commercial vehicle due to his sustained injury from military service.'' Mr. Hoggard reported that he has driven straight trucks for 24 years, accumulating 1.25 million miles, tractor- trailer combinations for 24 years, accumulating 1.25 million miles, and buses for 12 years, accumulating 180,000 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. Richard S. Huzzard Mr. Huzzard, 75, has had macular degeneration in his right eye since 2013. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``This certifies that in my medical opinion, mr. Huzzard has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Huzzard reported that he has driven straight trucks for 45 years, accumulating 495,000 miles, and tractor- trailer combinations for 45 years, accumulating 729,000 miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kenneth E. Lewis Mr. Lewis, 56, has had a dense corneal scar in his right eye since 1998. 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, ``Assuming the results for the visual field examination is normal in the left eye, it is my opinion that Mr. Lewis possesses sufficient vision in the left eye to safely operate a commercial vehicle.'' Mr. Lewis reported that he has driven straight trucks for 3 years, accumulating 226,080 miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and no [[Page 13189]] convictions for moving violations in a CMV. George J. Paxson, III Mr. Paxson, 60, 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 ophthalmologist stated, ``This patient has strabismic amblyopia and exotropia in the left eye which has been stable for several decades. Based on this fact, it is my medical opinion that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Paxson reported that he has driven straight trucks for 39 years, accumulating 711,750 miles. He holds an operator's license from Delaware. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Harlie C. Perryman, III Mr. Perryman, 54, has a corneal scar in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, light perception. Following an examination in 2016, his ophthalmologist stated, ``Vision in Right Eye is 20/20 meeting requirements to operate a commercial vehicle.'' Mr. Perryman reported that he has driven straight trucks for 25 years, accumulating 575,000 miles. He holds an operator's license from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Menno H. Reiff Mr. Reiff, 55, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/ 20. Following an examination in 2016, his optometrist stated, ``He would be absolutely safe to drive a commercial vehicle and to see traffic signals. He does not have any limitations from his vision because of his amblyopia whatsoever.'' Mr. Reiff reported that he has driven straight trucks for 6 years, accumulating 48,000 miles and tractor-trailer combinations for 24 years, accumulating 768,000 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes but two convictions in a CMV, one for an improper turn, and one for speeding; he exceeded the speed limit by 5 mph. Steven R. Richter, Jr. Mr. Richter, 42, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``Stable vision in right eye since 1998. It is my medical opinion that Steve is safe to perform the driving tasks required to commercial operate a motor vehicle.'' Mr. Richter reported that he has driven straight trucks for 22 years, accumulating 110,000 miles and tractor-trailer combinations for 22 years, accumulating 220,000 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. Robert R. Schwabe Mr. Schwabe, 43, has had a retinal hamartoma in his right eye since 2007. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``In my opinion, Mr. Schwabe's visual capabilities are sufficient to perform the visual tasks required to operate a commercial vehicle.'' Mr. Schwabe reported that he has driven straight trucks for 2 years, accumulating 1,000 miles, and tractor-trailer combinations for 19 years, accumulating 1.9 million miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Phillip Shelburne Mr. Shelburne, 32, has a retinal detachment in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``He has a history of decreased vision in the right eye secondary to trauma 30 years ago . . . in my medical opinion he will have no difficulties operating a commercial vehicle.'' Mr. Shelburne reported that he has driven tractor-trailer combinations for 8 years, accumulating 400,000 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. Wade C. Uhlir Mr. Uhlir, 42, has had a prosthetic left eye due to anophthalmia since childhood. The visual acuity in his right eye is 20/30, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ``Based on the vision testing as of July 20, 2016, he can safely perform the driving visual tasks required to operate a commercial motor vehicle.'' Mr. Uhlir reported that he has driven tractor-trailer combinations for 14 years, accumulating 1.82 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. 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-2016-0213 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-2016-0213 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, [[Page 13190]] between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: February 28, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04664 Filed 3-8-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13187
Examiner, as defined by 49 CFR 390.5; SUMMARY: FMCSA announces receipt of from the public to better inform its
and (4) each driver must provide a copy applications from 18 individuals for rulemaking process. DOT posts these
of the annual medical certification to exemption from the vision requirement comments, without edit, including any
the employer for retention in the in the Federal Motor Carrier Safety personal information the commenter
driver’s qualification file, or keep a copy Regulations. They are unable to meet provides, to www.regulations.gov, as
of his/her driver’s qualification file if the vision requirement in one eye for described in the system of records
he/she is self-employed. The driver various reasons. The exemptions will notice (DOT/ALL–14 FDMS), which can
must also have a copy of the exemption enable these individuals to operate be reviewed at www.dot.gov/privacy.
when driving, for presentation to a duly commercial motor vehicles (CMVs) in FOR FURTHER INFORMATION CONTACT: Ms.
authorized Federal, State, or local interstate commerce without meeting Christine A. Hydock, Chief, Medical
enforcement official. the prescribed vision requirement in Programs Division, (202) 366–4001,
one eye. If granted, the exemptions fmcsamedical@dot.gov, FMCSA,
V. Preemption would enable these individuals to Department of Transportation, 1200
During the period the exemption is in qualify as drivers of commercial motor New Jersey Avenue SE., Room W64–
effect, no State shall enforce any law or vehicles (CMVs) in interstate commerce. 113, Washington, DC 20590–0001.
regulation that conflicts with this DATES: Comments must be received on Office hours are 8:30 a.m. to 5 p.m., e.t.,
exemption with respect to a person or before April 10, 2017. All comments Monday through Friday, except Federal
operating under the exemption. will be investigated by FMCSA. The holidays. If you have questions
VI. Conclusion exemptions will be issued the day after regarding viewing or submitting
the comment period closes. material to the docket, contact Docket
Based upon its evaluation of the nine ADDRESSES: You may submit comments Services, telephone (202) 366–9826.
exemption applications, FMCSA bearing the Federal Docket Management SUPPLEMENTARY INFORMATION:
exempts the following drivers from the System (FDMS) Docket No. FMCSA–
epilepsy/seizure standard, 49 CFR 2016–0213 using any of the following I. Background
391.41(b)(8), subject to the requirements methods: Under 49 U.S.C. 31136(e) and 31315,
cited above: • Federal eRulemaking Portal: Go to FMCSA may grant an exemption from
Mark Beery (PA) http://www.regulations.gov. Follow the the Federal Motor Carrier Safety
Douglas Cantwell (TN) on-line instructions for submitting Regulations for a 2-year period if it finds
Mark McDaniel (IL) comments. ‘‘such exemption would likely achieve a
Ronnie Moody (NC) • Mail: Docket Management Facility; level of safety that is equivalent to or
Tye Moore (IN) U.S. Department of Transportation, 1200 greater than the level that would be
Jack Porcellini (PA) New Jersey Avenue SE., West Building achieved absent such exemption.’’
Jeffrey Rathman (CO) Ground Floor, Room W12–140,
Douglas Simms Jr. (NC) FMCSA can renew exemptions at the
Washington, DC 20590–0001. end of each 2-year period. The 18
Tara Van Horn (PA) • Hand Delivery: West Building
In accordance with 49 U.S.C. individuals listed in this notice have
Ground Floor, Room W12–140, 1200 each requested such an exemption from
31315(b)(1), each exemption is valid for New Jersey Avenue SE., Washington,
two years unless revoked earlier by the vision requirement in 49 CFR
DC, between 9 a.m. and 5 p.m., e.t., 391.41(b)(10), which applies to drivers
FMCSA. The exemption will be revoked Monday through Friday, except Federal
if the following occurs: (1) The of CMVs in interstate commerce.
Holidays. Accordingly, the Agency will evaluate
individual fails to comply with the • Fax: 1–202–493–2251.
terms and conditions of the exemption; Instructions: Each submission must the qualifications of each applicant to
(2) the exemption has resulted in a include the Agency name and the determine whether granting an
lower level of safety than was docket numbers for this notice. Note exemption will achieve the required
maintained prior to being granted; or (3) that all comments received will be level of safety mandated by statute.
continuation of the exemption would posted without change to http:// II. Qualifications of Applicants
not be consistent with the goals and www.regulations.gov, including any
objectives of 49 U.S.C. 31136 and 31315. personal information provided. Please James M. Demgard
Issued on: March 3, 2017. see the Privacy Act heading below for Mr. Demgard, 49, has a prosthetic left
Larry W. Minor, further information. eye due to a traumatic incident in 1996.
Docket: For access to the docket to The visual acuity in his right eye is 20/
Associate Administrator for Policy.
read background documents or 20, and in his left eye, no light
[FR Doc. 2017–04643 Filed 3–8–17; 8:45 am] comments, go to http:// perception. Following an examination
BILLING CODE 4910–EX–P www.regulations.gov at any time or in 2016, his optometrist stated, ‘‘I can
Room W12–140 on the ground level of certify James has a perfectly normal
the West Building, 1200 New Jersey right eye in all aspects to perform the
DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC, between 9 visual tasks required for commercial
a.m. and 5 p.m., e.t., Monday through vehicle.’’ Mr. Demgard reported that he
Federal Motor Carrier Safety
Friday, except Federal holidays. The has driven straight trucks for 29 years,
Administration
FDMS is available 24 hours each day, accumulating 536,500 miles. He holds
[Docket No. FMCSA–2016–0213] 365 days each year. If you want
asabaliauskas on DSK3SPTVN1PROD with NOTICES
an operator’s license from New Jersey.
acknowledgment that we received your His driving record for the last 3 years
Qualification of Drivers; Exemption comments, please include a self- shows no crashes and no convictions for
Applications; Vision addressed, stamped envelope or moving violations in a CMV.
AGENCY: Federal Motor Carrier Safety postcard or print the acknowledgement
page that appears after submitting David L. Erickson
Administration (FMCSA), DOT.
comments on-line. Mr. Erickson, 66, has had amblyopia
ACTION: Notice of applications for
Privacy Act: In accordance with 5 in his right eye since birth. The visual
exemptions; request for comments.
U.S.C. 553(c), DOT solicits comments acuity in his right eye is 20/70, and in
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![13188 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
his left eye, 20/25. Following an he has sufficient vision to continue CDL from Maryland. His driving record
examination in 2016, his optometrist driving the commercial vehicle that he for the last 3 years shows no crashes and
stated, ‘‘His right eye has been has done for the last three years without no convictions for moving violations in
diagnosed with Amblyopia [sic] which any complications that I am aware of.’’ a CMV.
occurs at birth . . . In my professional Mr. Grigsby reported that he has driven
Charlie E. Hoggard
opinion, Mr. David Erickson is qualified tractor-trailer combinations for 7 years,
to obtain a commercial drivers [sic] accumulating 875,000 miles. He holds a Mr. Hoggard, 44, has had a
license and safely drive a commercial Class A CDL from Arkansas. His driving chorioretinal scar in his right eye due to
vehicle on any major roadway.’’ Mr. record for the last 3 years shows no a traumatic incident in 1992. The visual
Erickson reported that he has driven crashes and no convictions for moving acuity in his right eye is 20/100, and in
straight trucks for 30 years, violations in a CMV. his left eye, 20/20. Following an
accumulating 510,000 miles, and examination in 2016, his optometrist
Eugene C. Hamilton
tractor-trailer combinations for 30 years, stated, ‘‘He suffered an explosive injury
accumulating 1.14 million miles. He Mr. Hamilton, 47, has had amblyopia to his eye approximately 24 years ago,
holds a Class A CDL from South Dakota. in his left eye since childhood. The leaving him with a Chorioretinal Scar
His driving record for the last 3 years visual acuity in his right eye is 20/20, overlying the macula. At this time, Mr.
shows no crashes and no convictions for and in his left eye, 20/60. Following an Hoggard does not display any inability
moving violations in a CMV. examination in 2016, his to operate a commercial vehicle due to
ophthalmologist stated, ‘‘In my opinion, his sustained injury from military
Ray A. Fields Mr. Hamilton should be able to continue service.’’ Mr. Hoggard reported that he
Mr. Fields, 64, has had amblyopia in operating a commercial vehicle as he has driven straight trucks for 24 years,
his left eye since childhood. The visual has safely for many years. He has not accumulating 1.25 million miles,
acuity in his right eye is 20/25, and in had any change in his condition over
tractor-trailer combinations for 24 years,
his left eye, 20/200. Following an the last decade.’’ Mr. Hamilton reported
accumulating 1.25 million miles, and
examination in 2016, his optometrist that he has driven straight trucks for 25
buses for 12 years, accumulating
stated, ‘‘It is my opinion that Ray’s eyes years, accumulating 1 million miles. He
180,000 miles. He holds a Class A CDL
and vision are such that he should be holds a Class A CDL from North
from Texas. His driving record for the
allowed to continue with a CDL license Carolina. His driving record for the last
last 3 years shows no crashes and no
as required for his present job.’’ Mr. 3 years shows no crashes and no
convictions for moving violations in a
Fields reported that he has driven convictions for moving violations in a
CMV.
straight trucks for 7 years, accumulating CMV.
70,000 miles, and tractor-trailer Richard S. Huzzard
Jay A. Harding
combinations for 7 years, accumulating
Mr. Harding, 54, has a macular scar in Mr. Huzzard, 75, has had macular
14,000 miles. He holds a Class A CDL
his right eye due to a traumatic incident degeneration in his right eye since 2013.
from Kansas. His driving record for the
in childhood. The visual acuity in his The visual acuity in his right eye is light
last 3 years shows no crashes and no
right eye is 20/50, and in his left eye, perception, and in his left eye, 20/20.
convictions for moving violations in a
20/20. Following an examination in Following an examination in 2016, his
CMV.
2016, his optometrist stated, ‘‘In my optometrist stated, ‘‘This certifies that in
Jeffrey L. Gardner opinion, Mr. Harding has more than my medical opinion, mr. Huzzard has
Mr. Gardner, 51, has aphakia in his adequate vision to safely operate a sufficient vision to perform the driving
right eye due to removal of a congenital commercial motor vehicle.’’ Mr. tasks required to operate a commercial
cataract in childhood. The visual acuity Harding reported that he has driven vehicle.’’ Mr. Huzzard reported that he
in his right eye is light perception, and straight trucks for 3 years, accumulating has driven straight trucks for 45 years,
in his left eye, 20/20. Following an 105,000 miles, and tractor-trailer accumulating 495,000 miles, and
examination in 2016, his optometrist combinations for 28 years, accumulating tractor-trailer combinations for 45 years,
stated, ‘‘Due to the long standing nature 2.8 million miles. He holds a Class A accumulating 729,000 miles. He holds a
and stability of the patient’s vision CDL from Oregon. His driving record for Class AM CDL from Pennsylvania. His
deficiency, he should have sufficient the last 3 years shows no crashes and driving record for the last 3 years shows
vision to perform the driving tasks one conviction for a moving violation in no crashes and no convictions for
required to operate a commercial a CMV; he failed to stop when emerging moving violations in a CMV.
vehicle.’’ Mr. Gardner reported that he from an alley, driveway, or building. Kenneth E. Lewis
has driven straight trucks for 16 years,
Melvin L. Hipsley III Mr. Lewis, 56, has had a dense
accumulating 160,000 miles, and
tractor-trailer combinations for 16 years, Mr. Hipsley, 54, has had neovascular corneal scar in his right eye since 1998.
accumulating 160,000 miles. He holds a macular degeneration in his left eye The visual acuity in his right eye is no
Class AM1 CDL from California. His since 2013. The visual acuity in his light perception, and in his left eye,
driving record for the last 3 years shows right eye is 20/20, and in his left eye, 20/20. Following an examination in
no crashes and no convictions for 20/60. Following an examination in 2016, his optometrist stated, ‘‘Assuming
moving violations in a CMV. 2016, his optometrist stated, ‘‘It is my the results for the visual field
medical opinion that Mr. Hipsley has examination is normal in the left eye, it
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Thomas A. Grigsby sufficient vision to perform the driving is my opinion that Mr. Lewis possesses
Mr. Grigsby, has a macular scar in his tasks required to continue to operate a sufficient vision in the left eye to safely
right eye due to a traumatic incident in commercial vehicle.’’ Mr. Hipsley operate a commercial vehicle.’’ Mr.
2013. The visual acuity in his right eye reported that he has driven straight Lewis reported that he has driven
is 20/250, and in his left eye, 20/20. trucks for 30 years, accumulating 1.2 straight trucks for 3 years, accumulating
Following an examination in 2016, his million miles, and tractor-trailer 226,080 miles. He holds a Class A CDL
ophthalmologist stated, ‘‘Based on that combinations for 20 years, accumulating from California. His driving record for
evidence, it would support the idea that 800,000 miles. He holds a Class AM the last 3 years shows no crashes and no
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![13190 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
between 9 a.m. and 5 p.m., e.t., Monday comments, without edit, including any The following 12 applicants do not
through Friday, except Federal holidays. personal information the commenter meet the minimum time requirement for
Issued on: February 28, 2017. provides, to http://www.regulations.gov, being seizure-free, either on or off of
Larry W. Minor,
as described in the system of records anti-seizure medication:
notice (DOT/ALL–14 FDMS), which can Daniel Bretz (PA)
Associate Administrator for Policy.
be reviewed at http://www.dot.gov/ Hunter Domagala (ND)
[FR Doc. 2017–04664 Filed 3–8–17; 8:45 am]
privacy. Michael Duno (NY)
BILLING CODE 4910–EX–P
II. Background Paul Gibson (AZ)
Patrick Hall (NY)
FMCSA received applications from 14 Cody Hitchcock (PA)
DEPARTMENT OF TRANSPORTATION individuals who requested an Robert Newton (NV)
exemption from the FMCSRs Christopher Sparacino (NY)
Federal Motor Carrier Safety
prohibiting persons with a clinical Alexander Stepp (VA)
Administration
diagnosis of epilepsy or any other Carlos Thompson (PA)
[Docket No. FMCSA–2016–0314] condition that is likely to cause a loss Mark Tucker (WA)
of consciousness or any loss of ability to Terry Watson (NC)
Qualification of Drivers; Exemption operate a CMV from operating CMVs in
Applications; Epilepsy and Seizure The following applicant is a citizen of
interstate commerce.
Disorders Canada:
FMCSA has evaluated the eligibility
of these applicants and concluded that Jimmy Bore
AGENCY: Federal Motor Carrier Safety
granting these exemptions would not The following applicant is an
Administration (FMCSA), DOT.
provide a level of safety that would be intrastate driver:
ACTION: Notice of denials.
equivalent to or greater than, the level Thomas Ork (NY)
SUMMARY: FMCSA announces its of safety that would be obtained by Issued on: March 3, 2017.
decision to deny applications from 14 complying with the regulation 49 CFR
Larry W. Minor,
individuals who requested an 391.41(b)(8).
Associate Administrator for Policy.
exemption from the Federal Motor III. Basis for Exemption Determination [FR Doc. 2017–04637 Filed 3–8–17; 8:45 am]
Carrier Safety Regulations (FMCSRs)
Under 49 U.S.C. 31136(e) and 31315, BILLING CODE 4910–EX–P
prohibiting persons with a clinical
FMCSA may grant an exemption for two
diagnosis of epilepsy or any other
years if it finds ‘‘such an exemption
condition that is likely to cause a loss DEPARTMENT OF TRANSPORTATION
would likely achieve a level of safety
of consciousness or any loss of ability to
that is equivalent to, or greater than, the
operate a commercial motor vehicle Federal Motor Carrier Safety
level that would be achieved absent
(CMV) from operating CMVs in Administration
such an exemption.’’
interstate commerce. The Agency’s decision regarding these [Docket No. FMCSA–2012–0154; FMCSA–
FOR FURTHER INFORMATION CONTACT: Ms. exemption applications is based on the 2014–0105]
Christine A. Hydock, Chief, Medical eligibility criteria, the terms and
Programs Division, (202) 366–4001, conditions for Federal exemptions, and Qualification of Drivers; Exemption
fmcsamedical@dot.gov, FMCSA, an individualized assessment of each Applications; Hearing
Department of Transportation, 1200 applicant’s medical information
New Jersey Avenue SE., Room W64– AGENCY: Federal Motor Carrier Safety
provided by the applicant. Administration (FMCSA), DOT.
224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t., IV. Conclusion ACTION: Notice of renewal of
Monday through Friday, except Federal The Agency has determined that these exemptions; request for comments.
holidays. If you have questions applicants do not satisfy the criteria
regarding viewing or submitting SUMMARY: FMCSA announces its
eligibility or meet the terms and
material to the docket, contact Docket decision to renew exemptions for 13
conditions for a Federal exemption and
Services, telephone (202) 366–9826. individuals from the hearing
granting these exemptions would not
requirement in the Federal Motor
SUPPLEMENTARY INFORMATION: provide a level of safety that would be
Carrier Safety Regulations (FMCSRs) for
equivalent to or greater than, the level
I. Electronic Access interstate commercial motor vehicle
of safety that would be obtained by
You may see all the comments online (CMV) drivers. The exemptions enable
complying with the regulation 49 CFR
through the Federal Document these hard of hearing and deaf
391.41(b)(8). Therefore, the 14
Management System (FDMS) at: http:// individuals to continue to operate CMVs
applicants in this notice have been
www.regulations.gov. in interstate commerce.
denied exemptions from the physical
Docket: For access to the docket to qualification standards in 49 CFR DATES: The renewed exemptions were
read background documents or 391.41(b)(8). effective on the dates stated in the
comments, go to http:// Each applicant has, prior to this discussions below and will expire on
www.regulations.gov and/or Room notice, received a letter of final the dates stated in the discussions
W12–140 on the ground level of the disposition regarding his/her exemption below. Comments must be received on
asabaliauskas on DSK3SPTVN1PROD with NOTICES
West Building, 1200 New Jersey Avenue request. Those decision letters fully or before April 10, 2017.
SE., Washington, DC, between 9 a.m. outlined the basis for the denial and FOR FURTHER INFORMATION CONTACT: Ms.
and 5 p.m., e.t., Monday through Friday, constitutes final action by the Agency. Christine A. Hydock, Chief, Medical
except Federal holidays. This notice summarizes the Agency’s Programs Division, 202–366–4001,
Privacy Act: In accordance with 5 recent denials as required under 49 fmcsamedical@dot.gov, FMCSA,
U.S.C. 553(c), DOT solicits comments U.S.C. 31315(b)(4) by periodically Department of Transportation, 1200
from the public to better inform its publishing names and reasons for New Jersey Avenue SE., Room W64–
rulemaking process. DOT posts these denial. 224, Washington, DC 20590–0001.
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Document Created: 2017-03-09 04:59:09
Document Modified: 2017-03-09 04:59:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before April 10, 2017. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes. | |
| 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. | |
| FR Citation | 82 FR 13187 |
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