82 FR 17736 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 69 (April 12, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 69 (April 12, 2017)
| Page Range | 17736-17739 | |
| FR Document | 2017-07313 |
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)] [Notices] [Pages 17736-17739] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07313] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0014] 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 21 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 [[Page 17737]] qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before May 12, 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-2017-0014 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 21 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 Andrew R. Cook Mr. Cook, 46, has a retinal detachment in his left eye due to a traumatic incident in 2001. The visual acuity in his right eye is 20/ 20, and in his left eye, 20/400. Following an examination in 2016, his ophthalmologist stated, ``In my medical opinion based on the information that I have, Mr. Cook is a very experienced driver, and has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Cook reported that he has driven straight trucks for 11 years, accumulating 132,000 miles. He holds a Class B CDL from Vermont. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kevin M. Finn Mr. Finn, 52, has had a cataract in his right eye since birth. The visual acuity in his right eye is hand motion, and in his left eye, 20/ 20. Following an examination in 2016, his ophthalmologist stated, ``Mr. Finn's current ocular status is stable and has likely been such for many years [sic] There [sic] is no acute pathology noted. He should have no difficulties with activities relating to driving a commercial vehicle since he has been driving for many years with his current status.'' Mr. Finn reported that he has driven straight trucks for 26 years, accumulating 33,800 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. David R. Ford Mr. Ford, 59, has had a retinal detachment in his right eye since 2013. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ``With current rx [sic], and medical opinion patient is ok [sic] to drive a commercial vehicle.'' Mr. Ford reported that he has driven straight trucks for 32 years, accumulating 80,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Douglas P. Fossum Mr. Fossum, 61, 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, ``It would be my opinion that Mr. Fossum has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Fossum reported that he has driven straight trucks for 40 years, accumulating 1 million miles, and tractor-trailer combinations for 33 years, accumulating 990,000 miles. He holds a Class A CDL from South Dakota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Timothy M. Good Mr. Good, 61, 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, ``I hereby acknowledge that Mr. Timothy Good is indeed qualified and has ample sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Good reported that he has driven straight trucks for 3 years, accumulating 468,000 miles, and tractor- trailer combinations for 1 year, accumulating 104,000 miles. He holds a Class CA CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John R. Harper Mr. Harper, 31, has had amblyopia in his left eye since birth. The visual acuity [[Page 17738]] in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2016, his optometrist stated, ``In my medical opinion, John Harper has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Harper reported that he has driven straight trucks for 9 years, accumulating 216,000 miles, and tractor-trailer combinations for 2 years, accumulating 24,000 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. George H. Keppol, Jr. Mr. Keppol, 60, has had a prosthetic left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ``Mr. Keppol has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Keppol reported that he has driven tractor-trailer combinations for 25 years, accumulating 3.25 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. Curtis L. Lamb Mr. Lamb, 57, has a corneal laceration 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 2017, his optometrist stated, ``In my medical opinion, I do feel he has sufficient vision to perform driving tasks required to operate a commercial vehicle.'' Mr. Lamb reported that he has driven straight trucks for 26 years, accumulating 2,600 miles, and tractor-trailer combinations for 26 years, accumulating 650 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. Jeffery D. Lynch Mr. Lynch, 59, has had a retinal detachment in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2016, his ophthalmologist stated, ``In my medical opinion the patient has sufficient vision to perform driving tasks required to operate a commercial vehicle.'' Mr. Lynch reported that he has driven straight trucks for 40 years, accumulating 920,000 miles. He holds an operator's license from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kenton D. McCullough Mr. McCullough, 37, has a macular scar in his left eye due to a traumatic incident in 2001. The visual acuity in his right eye is 20/ 15, and in his left eye, counting fingers. Following an examination in 2017, his optometrist stated, ``This letter is to certify that in my medical opinion this patient has sufficient vision to perform driving tasks required to operate a commercial vehicle.'' Mr. McCullough reported that he has driven straight trucks for 7 years, accumulating 525,000 miles, and tractor-trailer combinations for 10 years, accumulating 1 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles W. Ohman Mr. Ohman, 74, has an epiretinal membrane in his left eye due to cataract surgery in 2013. The visual acuity in his right eye is 20/25, and in his left eye, 20/70. Following an examination in 2016, his optometrist stated, ``I feel that Mr. Ohman has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Ohman reported that he has driven straight trucks for 10 years, accumulating 65,000 miles, and tractor-trailer combinations for 36 years, accumulating 5.04 million 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. Gary A. Parece Mr. Parece, 52, 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/ 50. Following an examination in 2017, his optometrist stated, ``Best Corrected [sic] to 20/20 OD and 20/50 OS should be adequate to operate a commercial vehicle [sic].'' Mr. Parece reported that he has driven straight trucks for 24 years, accumulating 144,000 miles. He holds a Class BM CDL from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Everardo G. Plascencia Mr. Plascencia, 51, has complete loss of vision in his left eye due to a traumatic incident 2003. The visual acuity in his right eye is 20/ 20, and in his left eye, no light perception. Following an examination in 2016, his ophthalmologist stated, ``In my medical opinion as the patient's Ophthalmologist [sic], I believe he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Plascencia reported that he has driven straight trucks for 25 years, accumulating 400,000 miles, and tractor-trailer combinations for 25 years, accumulating 250,000 miles. He holds a Class B CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Eric D. Pohlmann Mr. Pohlmann, 36, 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 2017, his ophthalmologist stated, ``In my opinion, he has sufficient vision to safely operate a commercial vehicle.'' Mr. Pohlmann reported that he has driven tractor- trailer combinations for 16 years, accumulating 560,000 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. Johnny W. Ray Mr. Ray, 50, has had amblyopia in his right eye since birth. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2017, his optometrist stated that Mr. Ray does have sufficient vision to perform the driving tasks required to operate a CMV. Mr. Ray reported that he has driven straight trucks for 25 years, accumulating 250,000 miles, and tractor-trailer combinations for 25 years, accumulating 250,000 miles. He holds an operator's license from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven D. Scharber Mr. Scharber, 71, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/30. Following an examination in 2016, his optometrist stated, ``It is in my opinion that Steven can safely perform the driving tasks required to operate a commercial motor vehicle.'' Mr. Scharber reported that he has driven straight trucks for 55 years, accumulating 440,000 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. [[Page 17739]] Don Smith Mr. Smith, 72, has glaucoma in his right eye due to a traumatic incident in 2013. 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, ``In my professional opinion, this patient 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 11 years, accumulating 946,000 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. Renaldo J. Stannard Mr. Stannard, 65, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``In my medical opinion, Renaldo J. Stannard has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Stannard reported that he has driven straight trucks for 24 years, accumulating 840,000 miles. He holds an operator's license from Washington, DC. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John T. Switzer Mr. Switzer, 44, has had a prosthetic right eye since 1981 due to toxocara canis infection. 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, ``Since the patient [sic] one-eyed for 35 years and has driven commercial trucks for approximately 16 years without incident, I feel he is totally capable to continue to drive commercial trucks.'' Mr. Switzer reported that he has driven straight trucks for 16 years, accumulating 384,000 miles. He holds an operator's license from Mississippi. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven A. Thompson Mr. Thompson, 40, has hypertropia in his left eye due to amblyopia 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 he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Thompson reported that he has driven straight trucks for 6 years, accumulating 4,800 miles, and tractor-trailer combinations for 3 years, accumulating 1,500 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. Edward A. Ziehlke Mr. Ziehlke, 59, has had a central artery occlusion in his right eye since 2009. The visual acuity in his right eye is count fingers, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ``I certify that in my medical opinion Mr. Ziehlke has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Ziehlke reported that he has driven straight trucks for 13 years, accumulating 650,000 miles, and tractor- trailer combinations for 2 years, accumulating 250,000 miles. He holds an operator's license from Wisconsin. 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-2017-0014 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-2017-0014 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: March 30, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-07313 Filed 4-11-17; 8:45 am] BILLING CODE 4910-EX-P
![17736 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
employees of driveaway-towaway pounds or higher, will remain subject to (f) Vehicle number and State license
companies, RV manufacturers, and RV CDL requirements even though end- number,
dealers. RVIA contends that, due to the users of RVs purchasing them from (g) Number of individuals suffering
class nature and the number of parties dealers in the same States would not be physical injury,
that would be affected by the subject to those requirements and (h) Number of fatalities,
exemption, it is not feasible or regulations. This anomalous situation (i) The police-reported cause of the
practicable to provide the names of would continue to materially curb the accident,
individuals or transporters responsible growth of the RV industry without a (j) Whether the driver was cited for
for use or operation of these CMVs. countervailing safety or other benefit to violation of any traffic laws, motor
the public. In particular, RV carrier safety regulations, and
Method To Ensure an Equivalent or (k) The driver’s total driving time and
Greater Level of Safety manufacturers and dealers would
continue to experience a shortage of total on-duty time period prior to the
RVIA contends that if the exemption CDL operators during the busy spring accident.
were granted, the level of safety Reports filed under this provision
season.
associated with transportation of RVs shall be emailed to MCPSD@DOT.GOV.
from manufacturers to dealers would Terms and Conditions of the Exemption
Termination
likely be equivalent to, or greater than, Period of the Exemption
the level of safety obtained by FMCSA does not believe the drivers
complying with the CDL requirements This exemption from the covered by this exemption will
for the following reasons: requirements of 49 CFR 383.91(a)(1)-(2) experience any deterioration of their
• On average, drivers employed by is effective April 6, 2017 through April safety record.
RV manufacturers and dealers to deliver 6, 2022, 11:59 p.m. local time, unless Interested parties or organizations
RVs have substantially more experience renewed. possessing information that would
operating RVs than a typical driver otherwise show that any or all of these
Extent of the Exemption motor carriers are not achieving the
operating an RV for recreational
purposes. RVIA noted that owners of The exemption is restricted to requisite statutory level of safety should
these RVs are not required to hold a employees of driveaway-towaway immediately notify FMCSA. The
CDL when operating them for non- companies, RV manufacturers, and RV Agency will evaluate any information
business purposes. dealers transporting RVs between the submitted and, if safety is being
• According to RVIA, an analysis manufacturing site and dealer location compromised or if the continuation of
using the FMCSA Safety Measurement and for movements prior to first retail the exemption is inconsistent with 49
System revealed that the majority of RV sale. Drivers covered by the exemption U.S.C. 31315(b)(4) and 31136(e),
driveaway-towaway companies’ will not be required to hold a CDL when FMCSA will immediately take steps to
accident frequency average is far less transporting RVs with a gross vehicle revoke the exemption of the company or
than the national benchmark average. weight not exceeding 26,000 pounds, or companies and drivers in question.
Further details are provided in the RVIA a combination of RV trailer/tow vehicle Issued on: April 5, 2017.
exemption application, which is with the gross weight of the towed unit Daphne Y. Jefferson,
contained in the docket for this notice. not exceeding 10,000 pounds and the
Deputy Administrator.
• Compared to drivers using RVs for gross combined weight not exceeding
[FR Doc. 2017–07315 Filed 4–11–17; 8:45 am]
recreational purposes, RV 26,000 pounds. These drivers must
BILLING CODE 4910–EX–P
manufacturers and driveaway-towaway comply with all other applicable
companies have substantially greater provisions of the Federal Motor Carrier
economic incentive to systematically Safety Regulations.
DEPARTMENT OF TRANSPORTATION
train, monitor and evaluate their RV Preemption
drivers with respect to safe operation of Federal Motor Carrier Safety
RVs because of the substantially greater In accordance with 49 U.S.C. Administration
number of miles they run, and the 31315(d), during the period this
corresponding exposure to liability for exemption is in effect, no State shall [Docket No. FMCSA–2017–0014]
any traffic accidents. enforce any law or regulation that
Qualification of Drivers; Exemption
• As with any new motor vehicle, conflicts with or is inconsistent with
this exemption with respect to a firm or Applications; Vision
newly manufactured RVs are much less
likely to present a safety concern due to person operating under the exemption. AGENCY: Federal Motor Carrier Safety
mechanical failures. Notification to FMCSA Administration (FMCSA), DOT.
• Travel distances between the ACTION: Notice of applications for
manufacturing sites and dealer locations Exempt motor carriers must notify exemptions; request for comments.
are on average much shorter than FMCSA within 5 business days of any
typical distances which RVs travel accident (as defined in 49 CFR 390.5), SUMMARY: FMCSA announces receipt of
when in recreational use, and the involving any of its CMVs operating applications from 21 individuals for
highway presence of RVs transported under the terms of this exemption. The exemption from the vision requirement
from manufacturers to dealers is notification must include the following in the Federal Motor Carrier Safety
negligible even during the peak spring information: Regulations. They are unable to meet
delivery season. (a) Name of the exemption: ‘‘RVIA’’ the vision requirement in one eye for
mstockstill on DSK30JT082PROD with NOTICES
RVIA asserts that without the (b) Name of the operating motor various reasons. The exemptions will
exemption, drivers making deliveries of carrier, enable these individuals to operate
new RVs with a gross vehicle weight (c) Date of the accident, commercial motor vehicles (CMVs) in
rating (GVWR) exceeding 26,000 (d) City or town, and State, in which interstate commerce without meeting
pounds, or a gross combination weight the accident occurred, or closest to the the prescribed vision requirement in
rating exceeding 26,000 inclusive of a accident scene, one eye. If granted, the exemptions
towed vehicle with a GVWR of 10,001 (e) Driver’s name and license number, would enable these individuals to
VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1](https://thefederalregister.org/doc/82_FR_17805/page/1.svg)
![Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17737
qualify as drivers of commercial motor Department of Transportation, 1200 driving for many years with his current
vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64– status.’’ Mr. Finn reported that he has
DATES: Comments must be received on 113, Washington, DC 20590–0001. driven straight trucks for 26 years,
or before May 12, 2017. All comments Office hours are 8:30 a.m. to 5 p.m., e.t., accumulating 33,800 miles. He holds a
will be investigated by FMCSA. The Monday through Friday, except Federal Class AM CDL from New York. His
exemptions will be issued the day after holidays. If you have questions driving record for the last 3 years shows
the comment period closes. regarding viewing or submitting no crashes and no convictions for
ADDRESSES: You may submit comments material to the docket, contact Docket moving violations in a CMV.
bearing the Federal Docket Management Services, telephone (202) 366–9826.
David R. Ford
System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION:
Mr. Ford, 59, has had a retinal
2017–0014 using any of the following I. Background detachment in his right eye since 2013.
methods:
Under 49 U.S.C. 31136(e) and 31315, The visual acuity in his right eye is 20/
• Federal eRulemaking Portal: Go to
FMCSA may grant an exemption from 200, and in his left eye, 20/20.
http://www.regulations.gov. Follow the
the Federal Motor Carrier Safety Following an examination in 2017, his
on-line instructions for submitting
Regulations for a 2-year period if it finds optometrist stated, ‘‘With current rx
comments.
• Mail: Docket Management Facility; ‘‘such exemption would likely achieve a [sic], and medical opinion patient is ok
U.S. Department of Transportation, 1200 level of safety that is equivalent to or [sic] to drive a commercial vehicle.’’ Mr.
New Jersey Avenue SE., West Building greater than the level that would be Ford reported that he has driven straight
Ground Floor, Room W12–140, achieved absent such exemption.’’ trucks for 32 years, accumulating 80,000
Washington, DC 20590–0001. FMCSA can renew exemptions at the miles. He holds a Class A CDL from
• Hand Delivery: West Building end of each 2-year period. The 21 Ohio. His driving record for the last 3
Ground Floor, Room W12–140, 1200 individuals listed in this notice have years shows no crashes and no
New Jersey Avenue SE., Washington, each requested such an exemption from convictions for moving violations in a
DC, between 9 a.m. and 5 p.m., e.t., the vision requirement in 49 CFR CMV.
Monday through Friday, except Federal 391.41(b)(10), which applies to drivers Douglas P. Fossum
Holidays. of CMVs in interstate commerce.
Mr. Fossum, 61, has had amblyopia in
• Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
his left eye since childhood. The visual
Instructions: Each submission must the qualifications of each applicant to
determine whether granting an acuity in his right eye is 20/20, and in
include the Agency name and the
exemption will achieve the required his left eye, 20/100. Following an
docket numbers for this notice. Note
level of safety mandated by statute. examination in 2016, his optometrist
that all comments received will be
stated, ‘‘It would be my opinion that Mr.
posted without change to http:// II. Qualifications of Applicants Fossum has sufficient vision to perform
www.regulations.gov, including any
Andrew R. Cook the driving tasks required to operate a
personal information provided. Please
commercial vehicle.’’ Mr. Fossum
see the Privacy Act heading below for Mr. Cook, 46, has a retinal reported that he has driven straight
further information. detachment in his left eye due to a trucks for 40 years, accumulating 1
Docket: For access to the docket to traumatic incident in 2001. The visual million miles, and tractor-trailer
read background documents or acuity in his right eye is 20/20, and in combinations for 33 years, accumulating
comments, go to http:// his left eye, 20/400. Following an 990,000 miles. He holds a Class A CDL
www.regulations.gov at any time or examination in 2016, his from South Dakota. His driving record
Room W12–140 on the ground level of ophthalmologist stated, ‘‘In my medical for the last 3 years shows no crashes and
the West Building, 1200 New Jersey opinion based on the information that I no convictions for moving violations in
Avenue SE., Washington, DC, between 9 have, Mr. Cook is a very experienced a CMV.
a.m. and 5 p.m., e.t., Monday through driver, and has sufficient vision to
Friday, except Federal holidays. The perform the driving tasks required to Timothy M. Good
FDMS is available 24 hours each day, operate a commercial vehicle.’’ Mr. Mr. Good, 61, has had amblyopia in
365 days each year. If you want Cook reported that he has driven his right eye since childhood. The
acknowledgment that we received your straight trucks for 11 years, visual acuity in his right eye is 20/200,
comments, please include a self- accumulating 132,000 miles. He holds a and in his left eye, 20/20. Following an
addressed, stamped envelope or Class B CDL from Vermont. His driving examination in 2016, his optometrist
postcard or print the acknowledgement record for the last 3 years shows no stated, ‘‘I hereby acknowledge that Mr.
page that appears after submitting crashes and no convictions for moving Timothy Good is indeed qualified and
comments on-line. violations in a CMV. has ample sufficient vision to perform
Privacy Act: In accordance with 5 the driving tasks required to operate a
U.S.C. 553(c), DOT solicits comments Kevin M. Finn
commercial vehicle.’’ Mr. Good reported
from the public to better inform its Mr. Finn, 52, has had a cataract in his that he has driven straight trucks for 3
rulemaking process. DOT posts these right eye since birth. The visual acuity years, accumulating 468,000 miles, and
comments, without edit, including any in his right eye is hand motion, and in tractor-trailer combinations for 1 year,
personal information the commenter his left eye, 20/20. Following an accumulating 104,000 miles. He holds a
provides, to www.regulations.gov, as examination in 2016, his Class CA CDL from Michigan. His
mstockstill on DSK30JT082PROD with NOTICES
described in the system of records ophthalmologist stated, ‘‘Mr. Finn’s driving record for the last 3 years shows
notice (DOT/ALL–14 FDMS), which can current ocular status is stable and has no crashes and no convictions for
be reviewed at www.dot.gov/privacy. likely been such for many years [sic] moving violations in a CMV.
FOR FURTHER INFORMATION CONTACT: Ms. There [sic] is no acute pathology noted.
Christine A. Hydock, Chief, Medical He should have no difficulties with John R. Harper
Programs Division, (202) 366–4001, activities relating to driving a Mr. Harper, 31, has had amblyopia in
fmcsamedical@dot.gov, FMCSA, commercial vehicle since he has been his left eye since birth. The visual acuity
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![17738 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
in his right eye is 20/20, and in his left driving record for the last 3 years shows ophthalmologist stated, ‘‘In my medical
eye, 20/70. Following an examination in no crashes and no convictions for opinion as the patient’s
2016, his optometrist stated, ‘‘In my moving violations in a CMV. Ophthalmologist [sic], I believe he has
medical opinion, John Harper has sufficient vision to perform the driving
Kenton D. McCullough
sufficient vision to perform the driving tasks required to operate a commercial
tasks required to operate a commercial Mr. McCullough, 37, has a macular vehicle.’’ Mr. Plascencia reported that
vehicle.’’ Mr. Harper reported that he scar in his left eye due to a traumatic he has driven straight trucks for 25
has driven straight trucks for 9 years, incident in 2001. The visual acuity in years, accumulating 400,000 miles, and
accumulating 216,000 miles, and his right eye is 20/15, and in his left eye, tractor-trailer combinations for 25 years,
tractor-trailer combinations for 2 years, counting fingers. Following an accumulating 250,000 miles. He holds a
accumulating 24,000 miles. He holds a examination in 2017, his optometrist Class B CDL from Illinois. His driving
Class A CDL from Kansas. His driving stated, ‘‘This letter is to certify that in record for the last 3 years shows no
record for the last 3 years shows no my medical opinion this patient has crashes and no convictions for moving
crashes and no convictions for moving sufficient vision to perform driving violations in a CMV.
violations in a CMV. tasks required to operate a commercial
vehicle.’’ Mr. McCullough reported that Eric D. Pohlmann
George H. Keppol, Jr.
he has driven straight trucks for 7 years,
Mr. Keppol, 60, has had a prosthetic accumulating 525,000 miles, and Mr. Pohlmann, 36, has had amblyopia
left eye since childhood. The visual tractor-trailer combinations for 10 years, in his right eye since childhood. The
acuity in his right eye is 20/20, and in accumulating 1 million miles. He holds visual acuity in his right eye is 20/100,
his left eye, no light perception. a Class A CDL from Virginia. His driving and in his left eye, 20/20. Following an
Following an examination in 2016, his record for the last 3 years shows no examination in 2017, his
optometrist stated, ‘‘Mr. Keppol has crashes and no convictions for moving ophthalmologist stated, ‘‘In my opinion,
sufficient vision to perform the driving violations in a CMV. he has sufficient vision to safely operate
tasks required to operate a commercial a commercial vehicle.’’ Mr. Pohlmann
vehicle.’’ Mr. Keppol reported that he Charles W. Ohman reported that he has driven tractor-
has driven tractor-trailer combinations Mr. Ohman, 74, has an epiretinal trailer combinations for 16 years,
for 25 years, accumulating 3.25 million membrane in his left eye due to cataract accumulating 560,000 miles. He holds a
miles. He holds a Class A CDL from surgery in 2013. The visual acuity in his Class A CDL from Minnesota. His
Washington. His driving record for the right eye is 20/25, and in his left eye, driving record for the last 3 years shows
last 3 years shows no crashes and no 20/70. Following an examination in no crashes and no convictions for
convictions for moving violations in a 2016, his optometrist stated, ‘‘I feel that moving violations in a CMV.
CMV. Mr. Ohman has sufficient vision to
Johnny W. Ray
perform the driving tasks required to
Curtis L. Lamb
operate a commercial vehicle.’’ Mr. Mr. Ray, 50, has had amblyopia in his
Mr. Lamb, 57, has a corneal laceration Ohman reported that he has driven right eye since birth. The visual acuity
in his right eye due to a traumatic straight trucks for 10 years, in his right eye is counting fingers, and
incident in childhood. The visual acuity accumulating 65,000 miles, and tractor- in his left eye, 20/25. Following an
in his right eye is 20/50, and in his left trailer combinations for 36 years, examination in 2017, his optometrist
eye, 20/20. Following an examination in accumulating 5.04 million miles. He stated that Mr. Ray does have sufficient
2017, his optometrist stated, ‘‘In my holds a Class A CDL from Iowa. His vision to perform the driving tasks
medical opinion, I do feel he has driving record for the last 3 years shows required to operate a CMV. Mr. Ray
sufficient vision to perform driving no crashes and no convictions for reported that he has driven straight
tasks required to operate a commercial moving violations in a CMV. trucks for 25 years, accumulating
vehicle.’’ Mr. Lamb reported that he has
Gary A. Parece 250,000 miles, and tractor-trailer
driven straight trucks for 26 years,
combinations for 25 years, accumulating
accumulating 2,600 miles, and tractor- Mr. Parece, 52, has had amblyopia in
250,000 miles. He holds an operator’s
trailer combinations for 26 years, his left eye since childhood. The visual
license from Kentucky. His driving
accumulating 650 miles. He holds a acuity in his right eye is 20/20, and in
record for the last 3 years shows no
Class A CDL from Kansas. His driving his left eye, 20/50. Following an
crashes and no convictions for moving
record for the last 3 years shows no examination in 2017, his optometrist
violations in a CMV.
crashes and no convictions for moving stated, ‘‘Best Corrected [sic] to 20/20 OD
violations in a CMV. and 20/50 OS should be adequate to Steven D. Scharber
operate a commercial vehicle [sic].’’ Mr.
Jeffery D. Lynch Mr. Scharber, 71, has had amblyopia
Parece reported that he has driven
Mr. Lynch, 59, has had a retinal straight trucks for 24 years, in his right eye since childhood. The
detachment in his left eye since accumulating 144,000 miles. He holds a visual acuity in his right eye is 20/200,
childhood. The visual acuity in his right Class BM CDL from Massachusetts. His and in his left eye, 20/30. Following an
eye is 20/20, and in his left eye, driving record for the last 3 years shows examination in 2016, his optometrist
counting fingers. Following an no crashes and no convictions for stated, ‘‘It is in my opinion that Steven
examination in 2016, his moving violations in a CMV. can safely perform the driving tasks
ophthalmologist stated, ‘‘In my medical required to operate a commercial motor
mstockstill on DSK30JT082PROD with NOTICES
opinion the patient has sufficient vision Everardo G. Plascencia vehicle.’’ Mr. Scharber reported that he
to perform driving tasks required to Mr. Plascencia, 51, has complete loss has driven straight trucks for 55 years,
operate a commercial vehicle.’’ Mr. of vision in his left eye due to a accumulating 440,000 miles. He holds a
Lynch reported that he has driven traumatic incident 2003. The visual Class A CDL from Minnesota. His
straight trucks for 40 years, acuity in his right eye is 20/20, and in driving record for the last 3 years shows
accumulating 920,000 miles. He holds his left eye, no light perception. no crashes and no convictions for
an operator’s license from Texas. His Following an examination in 2016, his moving violations in a CMV.
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![Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17739
Don Smith trucks for 6 years, accumulating 4,800 facility, please enclose a stamped, self-
Mr. Smith, 72, has glaucoma in his miles, and tractor-trailer combinations addressed postcard or envelope.
right eye due to a traumatic incident in for 3 years, accumulating 1,500 miles. FMCSA will consider all comments
2013. The visual acuity in his right eye He holds a Class A CDL from and material received during the
is counting fingers, and in his left eye, Washington. His driving record for the comment period. FMCSA may issue a
20/20. Following an examination in last 3 years shows no crashes and no final determination at any time after the
2016, his optometrist stated, ‘‘In my convictions for moving violations in a close of the comment period.
professional opinion, this patient has CMV.
Viewing Comments and Documents
sufficient vision to perform the driving Edward A. Ziehlke
tasks required to operate a commercial To view comments, as well as
vehicle.’’ Mr. Smith reported that he has Mr. Ziehlke, 59, has had a central documents mentioned in this preamble
driven tractor-trailer combinations for artery occlusion in his right eye since as being available in the docket, go to
11 years, accumulating 946,000 miles. 2009. The visual acuity in his right eye http://www.regulations.gov and insert
He holds a Class A CDL from Texas. His is count fingers, and in his left eye, 20/ the docket number FMCSA–2017–0014
driving record for the last 3 years shows 20. Following an examination in 2016, in the ‘‘Keyword’’ box and click
no crashes and no convictions for his optometrist stated, ‘‘I certify that in ‘‘Search.’’ Next, click ‘‘Open Docket
moving violations in a CMV. my medical opinion Mr. Ziehlke has Folder’’ button and choose the
sufficient vision to perform the driving document listed to review. If you do not
Renaldo J. Stannard tasks required to operate a commercial have access to the Internet, you may
Mr. Stannard, 65, has had amblyopia vehicle.’’ Mr. Ziehlke reported that he view the docket online by visiting the
in his right eye since childhood. The has driven straight trucks for 13 years, Docket Management Facility in Room
visual acuity in his right eye is counting accumulating 650,000 miles, and W12–140 on the ground floor of the
fingers, and in his left eye, 20/20. tractor-trailer combinations for 2 years, DOT West Building, 1200 New Jersey
Following an examination in 2016, his accumulating 250,000 miles. He holds Avenue SE., Washington, DC 20590,
optometrist stated, ‘‘In my medical an operator’s license from Wisconsin. between 9 a.m. and 5 p.m., e.t., Monday
opinion, Renaldo J. Stannard has His driving record for the last 3 years through Friday, except Federal holidays.
sufficient vision to perform the driving shows no crashes and no convictions for Issued on: March 30, 2017.
tasks required to operate a commercial moving violations in a CMV. Larry W. Minor,
vehicle.’’ Mr. Stannard reported that he Associate Administrator for Policy.
has driven straight trucks for 24 years, III. Public Participation and Request for
accumulating 840,000 miles. He holds Comments [FR Doc. 2017–07313 Filed 4–11–17; 8:45 am]
BILLING CODE 4910–EX–P
an operator’s license from Washington, FMCSA encourages you to participate
DC. His driving record for the last 3 by submitting comments and related
years shows no crashes and no materials.
convictions for moving violations in a DEPARTMENT OF THE TREASURY
CMV. Submitting Comments
Office of Foreign Assets Control
John T. Switzer If you submit a comment, please
include the docket number for this Unblocking of a Specially Designated
Mr. Switzer, 44, has had a prosthetic
notice, indicate the specific section of National and Blocked Person Pursuant
right eye since 1981 due to toxocara
this document to which each comment to the Foreign Narcotics Kingpin
canis infection. The visual acuity in his
applies, and provide a reason for each Designation Act
right eye is no light perception, and in
suggestion or recommendation. You
his left eye, 20/20. Following an AGENCY: Office of Foreign Assets
may submit your comments and
examination in 2016, his Control, Treasury.
material online or by fax, mail, or hand
ophthalmologist stated, ‘‘Since the ACTION: Notice.
delivery, but please use only one of
patient [sic] one-eyed for 35 years and
these means. FMCSA recommends that
has driven commercial trucks for SUMMARY: The Department of the
approximately 16 years without you include your name and a mailing
address, an email address, or a phone Treasury’s Office of Foreign Assets
incident, I feel he is totally capable to Control (OFAC) is publishing the name
continue to drive commercial trucks.’’ number in the body of your document
so the Agency can contact you if it has of one individual whose property and
Mr. Switzer reported that he has driven interests in property have been
straight trucks for 16 years, questions regarding your submission.
unblocked pursuant to the Foreign
accumulating 384,000 miles. He holds To submit your comment online, go to
Narcotics Kingpin Designation Act
an operator’s license from Mississippi. http://www.regulations.gov and put the
(Kingpin Act).
His driving record for the last 3 years docket number FMCSA–2017–0014 in
the ‘‘Keyword’’ box, and click ‘‘Search.’’ DATES: The unblocking and removal
shows no crashes and no convictions for from the list of Specially Designated
moving violations in a CMV. When the new screen appears, click on
‘‘Comment Now!’’ button and type your Nationals and Blocked Persons (SDN
Steven A. Thompson comment into the text box in the List) of the individual identified in this
Mr. Thompson, 40, has hypertropia in following screen. Choose whether you notice whose property and interests in
his left eye due to amblyopia since are submitting your comment as an property were blocked pursuant to the
childhood. The visual acuity in his right individual or on behalf of a third party Kingpin Act, is effective on April 7,
mstockstill on DSK30JT082PROD with NOTICES
eye is 20/20, and in his left eye, 20/200. and then submit. If you submit your 2017.
Following an examination in 2016, his comments by mail or hand delivery, FOR FURTHER INFORMATION CONTACT:
optometrist stated, ‘‘In my opinion he submit them in an unbound format, no Associate Director for Global Targeting,
has sufficient vision to perform the larger than 81⁄2 by 11 inches, suitable for tel.: 202/622–2420, Assistant Director
driving tasks required to operate a copying and electronic filing. If you for Sanctions Compliance & Evaluation,
commercial vehicle.’’ Mr. Thompson submit comments by mail and would tel.: 202/622–2490, Assistant Director
reported that he has driven straight like to know that they reached the for Licensing, tel.: 202/622–2480, Office
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Document Created: 2017-04-12 00:23:38
Document Modified: 2017-04-12 00:23:38
| 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 May 12, 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 17736 |
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